Terms of service

Table of Contents

1. Scope of Application
2. Formation of the Contract
3. Personalized Goods
4. Right of Withdrawal
5. Prices and Payment Terms
6. Delivery and Shipping Terms
7. Granting of Rights to Use Digital Content
8. Retention of Title
9. Liability for Defects
10. Liability
11. Special Conditions for Processing Goods According to Customer Specifications
12. Redemption of Promotional Vouchers
13. Applicable Law
14. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “Terms”) of F & F Commerce GbR, trading as “Lio & Luna” (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter “Customer”) and the Seller in relation to the goods presented in the Seller’s online store. The incorporation of the Customer’s own terms and conditions is hereby expressly rejected unless otherwise agreed.

1.2 These Terms also apply, as appropriate, to contracts for the delivery of goods with digital elements, unless otherwise specified. In addition to delivering the goods, the Seller is required to provide digital content or digital services (hereinafter “digital products”) that are incorporated into or connected with the goods in such a way that the goods cannot perform their functions without them.

1.3 These Terms also apply, as appropriate, to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these Terms means data created and supplied in digital form.

1.4 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent professional activity.

1.5 A business customer within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their trade, business or independent professional activity.

2) Formation of the Contract

2.1 The product descriptions displayed in the Seller’s online store do not constitute binding offers by the Seller. Instead, they serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online store. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days:

• By sending the Customer an order confirmation in writing or in text form, for example by email, with receipt of the order confirmation by the Customer being decisive;
• By delivering the ordered goods to the Customer, with receipt of the goods by the Customer being decisive; or
• By requesting payment from the Customer after the Customer has placed the order.

If more than one of the above alternatives occurs, the contract is concluded at the time when the first of these alternatives occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following submission of the offer. If the Seller does not accept the Customer’s offer within this period, this constitutes a rejection of the offer, and the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment is processed through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal User Agreement available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account. If the Customer pays using a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer clicks the button that completes the ordering process.

2.5 If the Customer selects “Amazon Payments,” payment is processed through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”), subject to the Amazon Payments Europe User Agreement available at https://pay.amazon.de/help/201751590. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time when the Customer initiates payment by clicking the button that completes the ordering process.

2.6 When an offer is submitted through the Seller’s online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form, for example by email, after the Customer has submitted the order. The Seller does not provide any further access to the contract text.

2.7 Before submitting a binding order, the Customer can identify possible input errors by carefully reviewing the information displayed during the ordering process and can correct their entries using the functions provided. In particular, the Customer is asked to check personalization details, such as names, dates and text, carefully for accuracy and completeness before completing the order.

As individually personalized goods may enter production shortly after the contract is concluded, subsequent requests for changes may no longer be possible to accommodate. The Seller will review change requests received in time but cannot guarantee that they can be implemented. There is no contractual entitlement to a subsequent change to the agreed personalization. The Customer’s statutory rights remain unaffected.

2.8 German is available as the language for concluding the contract.

2.9 Order processing and communication generally take place by email and through automated order processing. The Customer must provide a correct email address and ensure that messages relating to order processing can be received. This includes, in particular, checking their spam folder and, where necessary, adjusting their spam filters.

3) Personalized Goods

3.1 The Seller primarily offers individually personalized goods. The Customer provides the Seller with the information, text or files required for personalization, such as names, dates of birth or photographs, through the online ordering system or another agreed method of transmission. Any requirements concerning file formats and image quality must be observed.

If information necessary for production is missing or contradictory, the Seller will promptly ask the Customer to provide or clarify it. If the Customer fails to provide the necessary information in time despite this request, thereby delaying production, the delivery period will be extended by the delay actually caused. The Seller will inform the Customer of the effect on the delivery timeframe.

3.2 The Customer is responsible for the accuracy and completeness of the personalization details they submit. The Seller is not required to check whether, for example, the spelling of a submitted name or a specified date corresponds to the Customer’s personal intentions.

If the goods are manufactured in accordance with the contract using the information submitted by the Customer, an error in that information does not, in itself, give rise to a right to free modification, remanufacture or replacement. This does not apply insofar as the Seller caused the error or breached a duty to check the information or advise the Customer. Statutory rights relating to defects and the liability provisions in Section 10 remain unaffected.

3.3 The Customer must not submit content that infringes third-party rights, particularly copyright, rights to a name, trademark rights or personality rights, or that violates applicable law. The provisions in Section 11 apply to the necessary rights of use and any indemnification of the Seller.

3.4 Where no statutory right of withdrawal exists for individually personalized goods, no additional contractual right to cancel the order unilaterally is granted.

The Customer may promptly submit a request for cancellation by mutual agreement by emailing support@fandfcommerce.com. The Seller will assess whether cancellation remains possible, taking into account the status of processing and production. If a contribution toward expenses already incurred is to be agreed, the Seller will inform the Customer of the amount in advance. Cancellation by mutual agreement involving a charge will take place only with the Customer’s agreement.

Statutory rights to end the contract, particularly due to a breach of duty by the Seller, remain unaffected.

3.5 The Seller may reject offers to enter into a contract if the content submitted by the Customer violates statutory or official prohibitions or is contrary to public morals. This applies particularly to content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors or glorifies violence. If the contract has already been concluded, the Seller’s rights are governed by statutory provisions.

4) Right of Withdrawal

4.1 Consumers generally have a statutory right of withdrawal.

4.2 Pursuant to Section 312g(2), point 1 of the German Civil Code (BGB), no statutory right of withdrawal exists for goods manufactured according to the Customer’s individual specifications or clearly tailored to their personal needs, particularly through personalization with names, individual details or the Customer’s own text. This exclusion applies regardless of whether production has already begun.

4.3 Further information on the right of withdrawal and its exclusion is provided in the Seller’s instructions on the right of withdrawal. Statutory claims relating to defective goods remain unaffected by the exclusion of the right of withdrawal.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices and include statutory value-added tax.

The following shipping charges per order apply to standard shipping:

Germany: €3.95 for a goods value below €50.00; free shipping for a goods value of €50.00 or more.

Austria: €4.95 for a goods value below €50.00; free shipping for a goods value of €50.00 or more.

Switzerland: €4.95 for a goods value below €50.00; free shipping for a goods value of €50.00 or more.

United States: US$3.95 for a goods value below US$50.00; free shipping for a goods value of US$50.00 or more.

The relevant goods value is the amount after any discounts have been deducted, excluding shipping charges. Any more favorable shipping promotions will be stated in the relevant offer and taken into account when the order is placed. The shipping charges applicable to the specific order will be displayed to the Customer before they submit the order.

For other available delivery countries, shipping charges are set out in the shipping policy and the information provided during checkout.

5.2 The available payment methods are displayed to the Customer in the online store. The following provisions concerning individual payment services apply only where the relevant payment method is offered during checkout and selected by the Customer.

5.3 If advance payment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

5.4 If a payment method offered through PayPal is selected, payment is processed through PayPal, which may also use third-party payment service providers. If the Seller offers payment methods through PayPal under which the Seller performs before receiving payment, such as payment by invoice or installments, the Seller assigns the corresponding payment claim to PayPal or to the payment service provider appointed by PayPal and specifically identified to the Customer. The Seller remains responsible for general customer inquiries even if the payment claim has been assigned.

5.5 If an immediate payment method offered through Klarna is selected, payment is processed through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. The information and terms applicable to the selected payment method are provided to the Customer during checkout.

5.6 If a payment method offered through Shopify Payments is selected, payment is processed through Shopify Payments with the involvement of the payment service providers used for the relevant payment method. The available payment methods and any additional applicable terms are displayed to the Customer during checkout.

5.7 If another payment method offered through Klarna is selected, payment is processed through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden. Further information and the terms applicable to the selected payment method are provided to the Customer during checkout.

6) Delivery and Shipping Terms

6.1 Unless otherwise agreed, delivery takes place within the delivery area specified by the Seller and to the delivery address provided by the Customer. The delivery address specified during order processing is decisive.

The Customer must provide a complete and correct delivery address. This also applies to address details automatically imported from payment services. If the Customer discovers an error after placing the order, they should contact the Seller as soon as possible at support@fandfcommerce.com. The Seller will check whether a correction is still possible. Once the shipment has been handed over to the shipping provider, an address change cannot be guaranteed.

The delivery times applicable to the order, including production time, and the way these times are calculated are set out in the relevant offer and the shipping policy.

6.2 If delivery fails for reasons for which the Customer is responsible, for example because the Customer provided an incorrect delivery address or is responsible for failing to collect the shipment within the stated collection period, and the shipment is returned, the Seller will contact the Customer to agree on the next steps.

For reshipping, the Seller charges a flat fee of €4.95 for the additional costs caused by the failed delivery, provided that the statutory requirements for a corresponding reimbursement claim are met. The Customer is expressly permitted to prove that no loss was incurred or that the loss was substantially lower than the flat fee. In that case, the fee will be waived or reduced accordingly. This provision also applies where the original shipping was free.

Where the statutory requirements for a right of retention are met, the Seller may withhold reshipment until the justified claim for reimbursement of costs has been satisfied.

The Seller’s statutory rights to rescind the contract and claim damages remain unaffected. These rights are subject to the respective statutory requirements, including the setting of a deadline where required. This does not entail an automatic charge for all production costs or the automatic forfeiture of payments already made.

If the Customer validly exercises an existing right of withdrawal, the reversal of the transaction and responsibility for costs are governed by statutory provisions and the instructions on the right of withdrawal.

6.3 Failure to collect a shipment does not, in itself, constitute withdrawal from the contract. Where a right of withdrawal exists, the decision to withdraw must be clearly communicated to the Seller, for example by email. No particular form is required.

6.4 If the Customer acts as a business customer, the risk of accidental loss of or accidental deterioration in the goods passes to the Customer as soon as the Seller hands the goods over to the forwarding agent, carrier or other person or entity designated to carry out the shipment.

If the Customer acts as a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorized by the Customer to receive them. If the consumer independently commissions a carrier that was not previously named by the Seller, the special statutory provisions apply.

If the Customer has validly authorized the shipping provider to leave the shipment in a designated location or has authorized another person to receive it, the validity of delivery and the transfer of risk are governed by statutory provisions and the specific authorization granted.

6.5 The Seller reserves the right to rescind the contract if its own supplier fails to supply the goods correctly or properly. This applies only if the Seller is not responsible for the failure to supply and has exercised due care in entering into a specific procurement transaction with the supplier to fulfill the order. The Seller will promptly inform the Customer of the unavailability and, in the event of rescission, promptly refund any payments already received.

6.6 Collection in person is not available for logistical reasons.

6.7 Digital content is provided to the Customer by email unless otherwise agreed in the relevant offer.

6.8 If a shipment is shown as delivered but the Customer states that they have not received it, the Customer is asked to contact support@fandfcommerce.com promptly, quoting their order number.

To help clarify the matter, the Customer is asked to check the delivery information, any designated location where they authorized the shipment to be left, and whether a person authorized by them received it. The Seller may ask the Customer to provide a truthful statement of non-receipt and reasonable assistance in investigating the matter.

The Seller will investigate the complaint using the available order and delivery information and, where necessary, involve its shipping or fulfillment partners.

7) Granting of Rights to Use Digital Content

7.1 Unless otherwise stated in the content description in the online store, the Seller grants the Customer a non-exclusive right, unlimited in territory and duration, to use the digital content provided solely for private purposes.

7.2 Sharing the content with third parties or making copies for third parties beyond the scope of the granted rights of use is not permitted unless the Seller has consented or it is permitted by law.

7.3 Where the contract concerns a one-time supply of digital content, the grant of rights becomes effective only once the Customer has paid the amount due in full.

8) Retention of Title

If the Seller delivers the goods before receiving payment, the Seller retains ownership of the goods until the purchase price due has been paid in full.

9) Liability for Defects

Unless otherwise provided below, the statutory provisions governing liability for defects apply. The following deviations apply to contracts for the delivery of goods:

9.1 If the Customer acts as a business customer:

• The Seller may choose the form of subsequent performance to remedy a defect;
• For new goods, the limitation period for claims relating to defects is one year from delivery;
• For used goods, rights relating to defects are excluded;
• The limitation period does not restart solely because replacement goods are supplied under the Seller’s liability for defects. Statutory provisions concerning the recommencement of limitation periods, particularly in the event of an acknowledgment of a claim, remain unaffected.

9.2 The limitations of liability and shortened limitation periods set out above do not apply:

• To the Customer’s claims for damages or reimbursement of expenses;
• If the Seller has fraudulently concealed the defect;
• Insofar as the Seller has provided a guarantee concerning the quality of the goods;
• To goods that have been used for a building in accordance with their normal use and have caused that building to be defective;
• To any obligation to provide updates for digital products.

9.3 For business customers, statutory provisions concerning any existing rights of recourse remain unaffected.

9.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect the goods and notify defects under Section 377 HGB. If the Customer fails to comply with the notification requirements set out therein, the goods are deemed accepted in accordance with that provision.

9.5 If the Customer acts as a consumer, they are asked to report goods delivered with obvious transport damage to the delivery provider and to inform the Seller. Failure to do so has no effect on the Customer’s statutory or contractual claims relating to defects.

9.6 If personalized goods are manufactured in accordance with the contract using the information submitted by the Customer, a deviation from expectations that the Customer did not communicate, or an incorrect entry made by the Customer, does not, in itself, constitute a defect in the goods. Section 3.2 applies when distinguishing such cases from errors for which the Seller is responsible.

10) Liability

The Seller’s liability to the Customer for damages and reimbursement of expenses arising from contractual, quasi-contractual and statutory claims, including claims in tort, is governed by the following provisions:

10.1 The Seller is liable without limitation, regardless of the legal basis:

• In cases of intent or gross negligence;
• In cases of intentional or negligent injury to life, body or health;
• Under a guarantee, unless otherwise specified in relation to that guarantee;
• In cases of mandatory liability, for example under the German Product Liability Act.

10.2 If the Seller negligently breaches an essential contractual obligation, liability is limited to foreseeable loss typical of the contract, unless liability is unlimited under Section 10.1. Essential contractual obligations are obligations imposed on the Seller by the contract in order to achieve its purpose, the fulfillment of which is necessary for the proper performance of the contract and on compliance with which the Customer may normally rely.

10.3 In all other cases, the Seller’s liability is excluded.

10.4 The above liability provisions also apply to the Seller’s liability for persons engaged to perform its contractual obligations and for its legal representatives.

11) Special Conditions for Processing Goods According to Customer Specifications

11.1 If, in addition to delivering the goods, the Seller is required to process them according to particular specifications provided by the Customer, the Customer must provide all necessary content, such as text, images or graphics, in the agreed file formats, formatting, image dimensions and file sizes, and grant the Seller the rights of use necessary to perform the contract.

The Customer is responsible for obtaining this content and acquiring the necessary rights to it. In particular, the Customer must ensure that use of the content in accordance with the contract does not infringe any third-party copyright, trademark rights or personality rights.

11.2 The Customer shall indemnify the Seller against third-party claims arising from an infringement of their rights through the contractually agreed use of content provided by the Customer, insofar as the Customer is responsible for the infringement. This indemnity includes the necessary costs of a reasonable legal defense, including court costs and lawyers’ fees at the statutory rates.

The Seller will promptly inform the Customer of any such claims and allow the Customer to participate reasonably in the legal defense. Statutory provisions concerning the Seller’s contributory responsibility and duty to mitigate loss remain unaffected.

11.3 Section 3.5 applies to unlawful content or content contrary to public morals and to the rejection of corresponding orders.

12) Redemption of Promotional Vouchers

12.1 Vouchers issued free of charge by the Seller as part of promotional campaigns, with a specified validity period, and which cannot be purchased by the Customer (hereinafter “promotional vouchers”) may be redeemed only in the online store and only during the specified period.

12.2 Individual products may be excluded from a voucher promotion if this is stated in the terms of the promotional voucher.

12.3 Promotional vouchers may be redeemed only before the ordering process is completed. They cannot be applied retroactively.

12.4 Only one promotional voucher may be redeemed per order unless otherwise stated for the relevant promotion.

12.5 If the promotional voucher specifies a fixed monetary value rather than a percentage discount, the goods value must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded.

12.6 If the value of the promotional voucher is insufficient to cover the order, the difference may be paid using one of the other available payment methods.

12.7 Promotional voucher balances cannot be paid out in cash and do not accrue interest.

12.8 The promotional voucher will not be refunded if the Customer returns goods paid for wholly or partly with the voucher when exercising their statutory right of withdrawal.

12.9 The promotional voucher is transferable. The Seller may fulfill its obligation to the respective holder with discharging effect. This does not apply if the Seller knows, or is unaware due to gross negligence, that the respective holder is not entitled to redeem the voucher, lacks legal capacity or lacks authority to act on behalf of another person.

13) Applicable Law

All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

14) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

Last updated: October 2026