Terms & Conditions
For all purchase agreements made on this page, the following terms and conditions apply:
Your contractor and supplier “LOST iN” is a service of:
Lost in the City GmbH (previously 36hrs GmbH)
Publishing: Immermann-Str. 6, 39108 Magdeburg, Germany
Editorial: Invalidenstr. 90, 10115 Berlin, Germany
Directors: Philipp Majcher & Joseph Djenandji
Commercial Register: Amtsgericht Stendal HRB 22857
VAT ID: DE293086553
- 1 SCOPE AND PARTIES
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between Lost in the City GmbH, Immermann-Str. 6, 39108 Magdeburg (the “Seller”) and the customer (the “Customer”), and apply to transactions at the Online Store http://www.lostin.com (the “Online Store”). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer’s order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).
(2) The following company provides customer service for the Online Store on the Seller’s behalf. The Customer may contact it with questions, requests or complaints: Lost in the City GmbH, Invalidenstr. 90, 10115 Berlin, Germany, Phone: +493036509388, E-mail: firstname.lastname@example.org
(3) The range of goods in the Online Store is aimed only at consumers of legal age.
- 2 THE ORDER PROCESS
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller’s range of goods and collect these in a “Shopping Bag” by clicking on the “Add to Shopping Bag” button. By clicking on the button “Place order and pay”, the Customer makes an offer to purchase the goods that are in his Shopping Bag (the “Order”).
(3) Goods will only be delivered in the quantities usual for private households.
(4) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the “Shopping Bag & Checkout” button.
(5) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(6) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer’s offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer a dispatch confirmation by e-mail (also referred to as the “Contract Confirmation”).
(7) If several items are included in an Order, a contract is only concluded in respect of the items expressly mentioned in the Contract Confirmation.
(8) The aforegoing also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items), and refund the Customer the pre-payment without delay.
(9) The Customer’s statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.
(10) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.
- 3 DELIVERY, DELIVERY TIMES, AVAILABILITY OF GOODS
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the above mentioned countries. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time for standard deliveries will be approximately 2 to 5 business days from the contract confirmation within the European Union and 5 to 10 business days outside of the European Union (subject to availability). Further information about dispatch options, the carriers used and the delivery process may be viewed on the Online Store’s information pages.
(2) After the goods have been handed over to the carrier, the Customer will receive an e -mail with a confirmation of dispatch from the Seller. The delivery is made through DHL.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller’s own supplier to deliver or force majeure), it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
- 4 PRICES AND DELIVERY CHARGES
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, e.g. for gift wrapping, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges. Delivery Charges are as follows: 2€ within the European Union and for the USA, Japan, China, Mexico and others separate rates apply. In this case please contact our customer service: email@example.com
- 5 PAYMENT
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
(3) For orders we offer the payment methods credit card, Paypal, and bank transfer. We reserve the right to exclude certain payment for certain clients.
(4) If you are paying by credit card, the value of the order will be debited from the account upon order completion.
(5) If you are paying via bank transfer you only need the account number, bank code, PIN and TAN. The purchase amount is immediately transferred to the merchant´s account. If you select the payment method, a pre-filled form is automatically opening. This already includes our bank details. Moreover, the transfer amount and intended use are already displayed in the form.
- 6 GIFT CARDS
LOST iN Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
(1) Gift Cards are valid for 12 months from date of purchase.
(2) Gift Cards can be redeemed against all products on www.lostin.com.
(3) Gift Cards may not be returned or redeemed for cash.
(4) If your order total is less than the value of the Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders. In this case please contact our support via firstname.lastname@example.org
(5) If your order exceeds the value of the Gift Card the exceeding amount must be paid additionally.
(6) If you return products you have purchased using a Gift Card, the remaining balance will stay credited and will be redeemed against subsequent orders.
(7) Gift Cards will be send to the buyer once the full order has been processed and payment has been taken.
(8) LOST iN is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
(9) LOST iN reserves the right to cancel a Gift Card if we deem such action necessary.
(10) Sales tax and shipping is applicable on any products purchased with a LOST iN Gift Card.
- 7 Retention of Title
The goods remain the property of the Seller until the Customer has paid the purchase price in full.
- 8 RIGHT OF WITHDRAWAL
(1) Consumers as defined in § 13 German Civil Code have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
INSTRUCTIONS ON WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our obligations under Article 246 §2 in connection with §1 paragraph 1 and 2 draft law and our obligations according to §312e Section 1 Clause 1 German Civil Code in conjunction with Article 246 §3 German Civil Code. To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also download a withdrawal form on our website electronically. You can also exercise your right of withdrawal by returning the relevant item to us within the time limit for withdrawal; no separate declaration is then necessary. To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired. Contact details for the exercise of the right of withdrawal: To exercise your right of withdrawal by letter, please write to:
Lost in the City GmbH, Invalidenstr. 90, 10115 Berlin, Germany
To exercise your right of withdrawal by e-mail, please e-mail us at: email@example.com
To exercise your right of withdrawal by telephone, please phone: +493036509388
To exercise your right of withdrawal by returning the goods, please send them to: Lost in the City GmbH, Invalidenstr. 90, 10115 Berlin, Germany
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the economical standard delivery offered by us), without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement. We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired. We will bear the cost of returning the goods for you if you use the pre-printed returns label which was included in the delivery. Otherwise you will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
EXCLUSION OF THE RIGHT OF WITHDRAWAL
No right of withdrawal exists inter alia in the case of contracts for the supply of – non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalised, – the supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.
- 9 WARRANTIES
The Customer has certain rights under the law. These include:
(i) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and
(ii) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.
- 10 LIABILITY
(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.
(2) The Seller is not responsible for losses and damage that the Customer might suffer which are: – not caused by the Seller’s breach of these General Terms and Conditions; – a side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website; a result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason; – caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it); – failure by the Seller to meet any of its obligations where it is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God).
(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.
(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.
(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.
- 11 CHOICE OF LAW AND JURISDICTION
(1) Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of Germany. Berlin is the exclusive place of jurisdiction for all disputes arising indirectly resulting disputes.
(2) The contractual language is English
(3) These terms and Conditions as well as the further relationship between LOST iN and the customer are subject to German law. The CISG does not apply.
- 12 DISCOUNT CODES
(1) Multiple discount codes can not be combined for a purchase.
(2) Discount codes can not be used for products which are already on sale.
Mobile: Terms and Conditions
1. Services and Rights
The rights on LOST iN services and contents that are dispersed this way shall stay and remain with LOST iN or LOST iN licensors. LOST iN software applications and contents shall be licensed to you within the scope of the contractual use. We will only grant you a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use of LOST iN services and contents.
The scope of the provided contents shall depend on the precise free account or subscription (cf.3) which you respectively chose (the “license”). The license shall be restricted to the period of the free account/subscription.
All LOST iN trademarks as well as our trade names, logos, domain names and other peculiarities of the LOST iN trademark are under the sole ownership of LOST iN. The license does not grant you the right to use LOST iN trademarks, our trade names, logos, domain names or other features of the LOST iN trademark, irrespective of whether for commercial or non-commercial use.
2. Registration with LOST iN
A registration with LOST iN is not necessary for using LOST iN mobile app services.
Registration itself is free (Free Account) and does not obligate to enter into a subscription.
You can use your email address and a self-determined password for registration.
The used password shall be kept confidential. You are solely and to the full-extent responsible for keeping it confidential. You are the only person entitled to use your LOST iN user account. LOST iN shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
You may register via email address or log-in through a so called social-connect service (e.g. Facebook-connect).
You can register for our app through iOS or Android.
Registration and/or log-in via social-connect establishes a free contract between LOST iN and you regarding the use of the LOST iN platform (cf.1).
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with LOST iN if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of LOST iN subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
3. Subscription to Subscription Access
There is a fee-based subscription available (“Subscription Access”) so that you can use the full scope of our LOST iN services. The subscription can be entered into for different periods which are presented to you in the order options. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication.
LOST iN subscription accesses are fee-based and advertisement-free which enable you to access a set of our content and features through our mobile applications, depending on the subscription tier you’ve purchased. We offer two subscription tiers with the following service levels:
LOST iN gives you limited reading access to all of our guides and new releases and lets you make as many personal travel itinerary as you want.
LOST iN Premium contains all the services of LOST iN, but in addition gives you unlimited access to all our guides. The access to our guides persists for the subscription period.
You can only subscribe via In-App-Purchase via iOS- or Android-Apps. For this purpose, you will have to choose the desired option on the subscription screen of the App, whereupon a pop-up will appear in which you have to enter your Apple- / Google-Play-password. As soon as you have done this, another pop-up will appear in which you have to confirm the subscription purchase again. You may still cancel the process at this stage.
LOST iN shall have the right to stop or change the free access at any time without prior notification or termination period if good cause is present.
Free access might only be possible if you enter your payment data during the registration. In such event, we will need your consent at the beginning of your free access in case you want to subscribe. In this event your subscription will subsequently renew itself depending on the term you’ve committed and can be terminated until one day before the subscription is set to renew (cf. 6).
If you do not want the subscription service in an event of cipher 3.2 and the corresponding charges, you will have to terminate the subscription access (e.g. via your personal Apple Store/ Google Play Store settings).
4. Remuneration and Payment Terms
The conclusion of the subscription access (cf. 3.) is not subject to charges.
In the event of a subscription via our iOS- or Android-Apps, payment shall occur via Apple’s or Google’s In-App-Purchase process. iOS payments will be charged via iTunes Account at confirmation of purchase.
Your payment obligation vis-a-vis LOST iN within a premium access shall automatically renew itself and identify the cost of the renewal at the end of the respective subscription term, if you do not terminate your fee-based subscription at least 24 hours prior to the end of the term (cf. 6.3).
6. Period and Termination
The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
You can terminate the free user contract at any time. For this purpose, you can delete your account by sending an email to firstname.lastname@example.org
The fee-based subscription access (cf. 4.) shall run at the whole period. The subscription period shall extend respective of its currently used subscription model. No cancellation of the current subscription model is allowed during active subscription period.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase. You can terminate subscriptions that you entered into via the app settings of the mobile app. For this purpose, you will have to login, open the settings via the menu and click on “Terminate Subscription”.
You can terminate a fee-based subscription concluded via our iOS or Android Apps in the iTunes / Google Play settings.
Termination of the subscription access shall become effective the day after the last day of your subscription period and you will be downgraded to a free user contract (Free Service). After renewing your subscription you will however be able to access your old account. If you intend to delete your entire account, you can do this by sending us an e-mail at: email@example.com. All data will be deleted irrevocably in this case.
The right to suspend and terminate for good cause shall remain unaffected by the aforementioned provisions.
LOST iN shall not be liable for user damage claims. LOST iN shall only be liable for damages arising from intentional and gross negligent breach of duty of LOST iN, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
In the event of violation of material contractual duties, LOST iN shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
The restrictions stipulated under ciphers 7.1 and 7.2. shall also apply for duty violations of vicarious agents and statutory agents of LOST iN if claims are made directly against these.
LOST iN is not liable for the accuracy of any content displayed in the app
– Payment will be charged to iTunes Account at confirmation of purchase
– Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
– Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
– Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
– Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable
Effective Date: 4 July 2017
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.