General terms and conditions
Applicable to Orders Submitted by Consumers in the Webshop
Last revised: 11/01/2016
General Terms and Conditions of Business for the online shop operated by Lässig GmbH, Im Riemen 32, 64832 Babenhausen, Germany, phone: +49 (0)6073 74489-0, entered in the Commercial Register of Darmstadt Local Court under the number HRB 33393, represented by the managing directors Claudia Lässig, Stefan Lässig, and Karin Heinrich, VAT ID No.: DE214745540 (hereinafter: the “Seller”).
Section 1: Scope of Application
The following General Terms and Conditions of Business (hereinafter: “T&C”) solely and exclusively govern the business relationship between the Seller and consumers who purchase products in our shop (hereinafter: “Customer”).
Consumers within the sense of these T&C are any natural persons who conclude a legal transaction that cannot primarily be attributed to their commercial or self-employed business activities. Customer’s deviating terms and conditions are not accepted unless the Seller has expressly agreed to their application.
Section 2: Conclusion, Text of Contract
(1) The presentation and advertising of products in the Seller’s online shop do not constitute a binding offer for the conclusion of a purchase contract.
(2) The Customer submits a binding purchase offer by clicking on the button “Place binding order”.
(3) The Seller will immediately confirm receipt of the order submitted in its online shop by sending an email to the Customer. This email does not represent a binding acceptance of the order unless acceptance is declared simultaneously with the confirmation of receipt. The contract will not be deemed concluded until the Seller accepts the order in the form of an order confirmation or the delivery of the product to the Customer.
(4) The Customer can print out the contract text before submitting the order to the Seller by utilizing the print function of its browser in the final step of the order process. The Seller will send to the Customer an order confirmation showing all of the order data at the email address given by the Customer after acceptance of the order. The Customer will receive along with the order confirmation a copy of the T&C and revocation instructions and information about shipping costs, the terms and conditions of delivery and payment, and the approximate point in time of the delivery. There are no further opportunities for the Customer to obtain the contract text on the Internet.
Section 3: Delivery
The delivery periods shown by the Seller are calculated from the time of the conclusion of the contract or, if advance payment has been agreed, from the day of payment by the Customer. Unless otherwise agreed, deliveries within Germany will be made within five workdays and deliveries to Austria or France will be made within seven workdays.
Section 4: Prices and Shipping Costs
(1) All prices on the Seller’s website are shown including applicable value-added tax (currently 19%) plus shipping
(2) Shipping costs are shown in the shipping information on our website. They are also shown in the order summary displayed before the Customer submits its order.
(3) If the Customer effectively revokes its contract declaration, the Seller will reimburse any previously paid shipping costs to the Customer, provided that legal prerequisites have been met.
Section 5: Reservation of Title
The Seller retains title of ownership to the delivered products until payment has been made in full.
Section 6: Payment, Offsetting, and Retention Right
(1) The Customer may choose among the following payment methods: credit card, advance payment, SOFORT transfer, PayPal, direct debiting (using PayPal), and credit card (using PayPal). Payment using PayPal for the latter two payment methods is effected by using the function “Payment without a PayPal account”.
(2) The Customer must pay the purchase price and shipping costs without delay, but no later than three days after
conclusion of the contract.
(3) The Customer is not entitled to offset any counterclaims against the Seller’s claims unless said counterclaims
have been finally adjudicated or are undisputed or unless the Customer asserts complaints due to defects or counterclaims from the same contract.
(4) The Customer may exercise a retention right solely if its counterclaim is based on the same purchase contract.
Section 7: Warranty, Guarantee
(1) The Seller is liable for defects in accordance with legal statutes.
(2) The Seller does not give any further guarantees for the products delivered by the Seller unless they have been expressly agreed for the specific product. Details of the scope of any such guarantees can be found in the terms and
conditions of guarantee that accompany any products to which they apply.
Section 8: Liability
(1) The Seller’s liability for damage compensation, regardless of the legal grounds, is restricted in accordance with this Section 8 to the extent that culpability is a determining factor.
(2) The Seller is not liable in case of simple negligence of its directors and officers, authorized representatives, employees, or other vicarious agents unless there has been a breach of obligations essential to the contract. Seller’s obligations are essential to the contract if and when their fulfillment is required for the orderly performance of the contract and the Customer may generally assume the fulfillment of the obligations.
(3) If and when the Seller is liable for damage compensation pursuant to Section 8 (2), this liability is limited to the loss or damage that the Seller foresaw as possible consequence of a breach of contract at the time of the conclusion of the contract or that the Seller would inevitably have foreseen if the care usual in the trade had been taken. Indirect damage or loss and subsequent damage or loss that are the consequence of defects in the supplied product are subject to compensation only if and when, and to the extent that, such loss or damage can typically be expected
during the intended use of the product.
(4) The aforementioned exclusions and restrictions of liability apply equally in favor of the officers and directors, authorized representatives, employees, and other vicarious agents of the Seller.
(5) The restrictions pursuant to this Section 8 do not apply to liability for intentional or grossly negligent breach of obligations, for warranted characteristics, for injury to life, body, or health, or pursuant to the Product Liability Act.
Section 9: Revocation Right
The Customer has a statutory revocation right as described below.
(1) Revocation Right
You have the right to revoke this contract without stating your reasons within fourteen days. The revocation period of fourteen days begins on the day on which you or a third party you have designated (other than the carrier)
• have/has taken possession of the product(s) to the extent that you have ordered a number of products within the scope of a single order and the products have been delivered in a single consignment; or
• have/has taken possession of the final product to the extent that you have ordered a number of products within the scope of a single order and the products have been delivered separately; or
• have/has taken possession of the final partial consignment or the final unit to the extent that you have ordered a product that is shipped in multiple partial consignments or units.
If you wish to exercise your revocation right, you must notify us (Lässig GmbH, Im Riemen 32, 64832 Babenhausen, phone: +49 (0)6073 74489-0, fax: +49 (0)6073 – 74489-29, email: firstname.lastname@example.org) of your decision to revoke this contract by submitting an unambiguous statement (e.g. a letter sent by post, fax or email). You may use the attached sample revocation form, but its use is not mandatory.
Your notification of your exercise of the revocation right will be deemed in compliance with the revocation period if it has been dispatched before the expiration of the revocation period.
(2) Consequences of the revocation
If you revoke this contract, we must return any and all payments we have received from you, including shipping costs (with the exception of the additional costs incurred because you selected a shipping option other than the least expensive standard shipping we offered), without delay and no later than fourteen days after the day on which we received your notification of your revocation of this contract. We will use the same means of payment you used for the original transaction to effect this return payment unless otherwise expressly agreed with you; you will not be billed any charges for this return payment in any case.
We may refuse to make the repayment until the products have been returned to us or until you have presented verification that you have returned the products, whichever is earlier.
You must return or hand over the products to us without delay and in any case no later than within fourteen days
of the day on which you have notified us of the revocation of this contract. The return will be deemed in compliance
with the deadline if you have dispatched the products before expiration of the fourteen-day period. We will bear the direct costs for the return of the products.
You will be accountable for any loss of value of the products solely if and when this loss of value is caused by an unnecessary handling of the products for an inspection of the condition, properties and functions of the products.
(3) Grounds for exclusion or expiration
Unless otherwise agreed between the parties, the following contracts do not include this revocation right:
• Contracts for the provision of products that are not pre-fabricated and for which an individual choice or instruction by the Customer is essential for their manufacture or that have been customized for the personal requirements of the Customer;
• Contracts for the provision of products that are quickly perishable or for which the best-used-before date may quickly be exceeded;
• Contracts for the provision of sealed products that are not suitable for return owing to reasons of health protection or hygiene if their seals have been removed after delivery;
• Contracts for the provision of products if their properties mean they have been inseparably mixed with other goods after delivery;
• Contracts for the provision of alcoholic beverages for which the price was agreed upon conclusion of this contract, but that may be delivered at the earliest 30 days after the conclusion of the contract and whose current value is dependent on fluctuations on the market that are beyond the control of the entrepreneur;
• Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery;
• Contracts for the provision of newspapers, journals or magazines (with the exception of subscription contracts).
(4) Sample Revocation Form
If you wish to revoke the contract, please complete and return this form to us.
Lässig GmbH, Im Riemen 32, 64832 Babenhausen, fax: +49 (0)6073 - 74489-29
I/we (*) hereby revoke the contract I/we (*) concluded for the purchase of the following products (*)/performance
of the following services(*)
Ordered on (*)/Received on (*)
Name of the Customer(s)
Address of the Customer(s)
Signature of the Customer(s)
(only for notification on paper)
(*) Strike through irrelevant element.
Section 10: Proper Law
Contracts between the Seller and Customer are governed by the law of Germany, excluding application of the UN sales law. The above provision is without prejudice to the legal statutes restricting the choice of governing law and to the application of mandatory regulations, especially those of the country in which the Customer has its customary residence.