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General Terms and Conditions for Online Sales on the lala Berlin Online Shop www.lalaberlin.com/shop/ (German)
§1 General, customers, language
(1) All offers, purchase agreements, deliveries and services related to orders placed by our customers through our online shop at www.lalaberlin.com/shop/ are subject to these general terms and conditions.
(2) The products offered in our online shop are intended for consumers and entrepreneurs, but only if they themselves are the end-users of our products. For purposes of these general terms and conditions, (i) consumers are any natural persons who enter into a transaction for purposes which can be attributed primarily to neither their commercial nor freelance professional activities (§13 of the German Civil Code – BGB) and (ii) an entrepreneur means any natural person, legal entity, or legal partnership entering into a contract as part of their commercial or freelance professional activities (§14(1) BGB).
(3) Customer terms and conditions do not apply, even if we do not explicitly reject their validity on a case-by-case basis.
(4) Contracts with customers are made exclusively in either German or English, depending on whether the customer places an order using the German- or English-language online shop site. If the customer places an order through our German-language website, only the German version of these terms and conditions shall apply. If the customer places an order through our English-language website, only the English version of these terms and conditions shall apply.
§2 Entering into a contract
(1) Our offers in the online shop are not binding.
(2) By placing an order in our online shop, the customer makes a binding offer to purchase the product in question. We have until the third business day after the offer to purchase is received to accept or reject said offer.
(3) Immediately upon receipt of the offer to purchase, we will send confirmation that we have received said offer, but such confirmation does not constitute acceptance of the same. We will have accepted the offer only when we notify the customer of said acceptance (via email) or otherwise send the goods ordered. The purchase contract comes into force only upon our acceptance of the customer's offer to purchase.
(4) Customers classified as consumers according to the BGB are entitled to revoke their offer and return the goods ordered in accordance with the special rescission and return policy provided when they placed their order on our website.
§3 Prices and payment
(1) Our prices include statutory VAT, but do not include shipping costs. Customers are responsible for paying any applicable duties or other charges.
(2) We only accept those payment methods displayed to customers as they place their order.
(3) The purchase price is payable immediately upon conclusion of the contract.
(4) Customers have no right to offsets or retention unless their counterclaims are undisputed or legally binding by court order.
§4 Goods shipment and shipping costs
(1) Any deadlines and dates we provide for the shipment of goods are approximate. Delivery time is generally 1-3 days.
(2) All delivery deadlines specified by us when customers place their orders or otherwise agreed shall begin on the day we receive the full purchase price (including VAT and shipping costs).
(3) Our compliance with any shipping deadline is measured solely by the day on which we hand over the goods to the shipping company handling your shipment.
(4) If the goods ordered are not available, we will notify the customer immediately. If the goods are not available for the foreseeable future, we are entitled to withdraw from the contract. If we withdraw from the contract, we will immediately refund any payments already made by the customer. The customer's statutory rights due to delays in delivery are not affected by the foregoing provisions; the customer may claim damages only to the extent stipulated in §8 below.
(5) In addition to the prices indicated in our online shop, we charge €6.00 per order for shipments within Germany.
(6) Deliveries to other countries are charged a flat rate per order as follows:
Any duties, fees, taxes and other government levies are payable by the buyer.
(7) We are entitled to make partial deliveries of products in one order if they are separately usable and are responsible for any additional shipping costs incurred.
§5 Shipping and transfer of risk
(1) Unless otherwise agreed, we will determine the appropriate delivery method and shipping company at our reasonable discretion.
(2) Deliveries within Germany and abroad are generally made by UPS. Shipments can be tracked at www.ups.de after registration.
(3) We are responsible solely for the timely, proper handover of the goods to the shipping company and are not responsible for any delays caused by the carrier. Any shipping time we might indicate is therefore not binding.
(4) If the customer is a consumer, the risk arising from accidental destruction, damage or loss of the goods passes to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred when the goods are delivered to the customer by the carrier.
§6 Retention of title
(1) We retain title to the goods delivered by us until such time as we receive full payment of the purchase price (including VAT and postage) for the product in question.
(2) The customer is not entitled to resell the goods delivered by us while we retain title without our prior written consent.
(1) If the delivered goods have tangible defects, the customer may first require that we remedy said defect or deliver a replacement product free of defects. However, if the customer is an entrepreneur, it is at our discretion whether we remedy the defect or deliver another product free of defects if we provide notice of our decision in writing (also by fax or email) within three working days after receiving the customer's notice of the same. We may refuse the remedy chosen by the customer if such remedy would only be possible at disproportionate cost.
(2) If the remedy under §7(1) is also defective or is found unreasonable by the customer or if we refuse to make such remedy, the customer is entitled each in accordance with applicable law to cancel the purchase contract, reduce the purchase price, or demand compensation or reimbursement for its expenses. Customer claims for damages are also subject to the specific provisions of §8 herein.
(3) The warranty period is two years from delivery if the customer is a consumer, otherwise twelve months after delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately upon receipt. The delivered goods shall be deemed approved by the customer, if notice of a defect is not made (i) within five working days after the delivery for obvious defects or (ii) within five working days after discovery of defects not otherwise obvious.
(5) All warranty claims of the customer shall expire if the customer changes or otherwise interferes with the goods. This does not apply if the customer can demonstrate that the intervention or the change was not the cause of the defect.
(1) Our liability for delay in delivery, unless caused by intent or gross negligence, shall be no more than 5% of the purchase price (including VAT).
(3) We are not liable on any legal grounds for any damages caused by any atypical use of the product. Our liability is also excluded for any damages resulting from the loss of data if its restoration is not possible or made more difficult due to missing or insufficient backups of said data. The foregoing limitation on liability shall not apply in cases of intent or gross negligence.
(4) The limitations of § 8 shall not apply to our liability to deliver products with guaranteed characteristics as set forth in §444 BGB such as may cause injury to life, body or health or under the Product Liability Act.
(1) Consumers generally have a statutory right to withdraw from transactions made over a distance, a right which the seller must notify them of in accordance with the statutory pattern. Paragraph (2) provides such a model form.
Right to Withdraw from this Contract
You have the right to withdraw from this Agreement within fourteen days of conclusion without the need for explanation.
The cancellation period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, take possession of the goods.
To exercise your right of withdrawal, you must make a clear declaration detailing your decision to rescind this contract to lala Berlin Gmbh, Wattstraße 11-13, 13355 Berlin, Germany, email: firstname.lastname@example.org Phone: +49 (0) 30 47 377 4816, Fax: 49 (0) 30-4737748-29 (by sending a letter by post, an email or fax). You may use the attached example withdrawal form, but it is not compulsory.
In order to observe the deadline for cancellation it is sufficient to send notification stating that you wish to exercise your right of cancellation before expiry of the cancellation period.
Consequences of withdrawal
(4) If you withdraw from this contract, we have to refund all payments we received from you, including shipment charges (except for additional costs arising when you choose a way of delivery different from the most cost-efficient standard delivery offered by us) immediately and at least within fourteen days from the day we received the notification of withdrawal from this contract at our premises. We shall use the same payment method that you used in the original transaction for this refund, unless we expressly agree otherwise with you; under no circumstances will you be charged fees for this refund.
We may refuse to pay the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever comes first.
You must ship back or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from this contract. The deadline is met if you send the goods within fourteen days.
We will bear the cost of returning the goods.
You only need to pay for any loss in value of the goods if a test of the state, characteristics, and functioning of the goods shows that the loss in value is due your unnecessary handling of them.
(2) The model withdrawal form is available for download at http://www.lalaberlin.com /download/Muster-Widerrufsformular_EN.pdf. In addition, the customer will be sent the model withdrawal form by email once the contract is concluded.
§10 Data Protection
(1) We may process and store data concerning the sales contract to the extent necessary for the execution and fulfilment of the purchase contract and retain for as long as we are obliged to keep the same by law.
(2) We reserve the right to transfer personal data of customers to credit bureaus if required for the purpose of a credit check, provided the customer explicitly agrees on a case-by-case basis. We will not otherwise disclose personal customer information to third parties without the express consent of the customer, unless otherwise legally compelled to do so.
(3) The collection, transmission or other processing of personal customer data for purposes other than those referred to in this §10 are not permitted.
§11 Applicable law and jurisdiction
(1) The law of the Federal Republic Germany and binding international privacy laws shall apply to this agreement, with the exclusion of the UN law for international sales.
(2) If the customer is a merchant as defined in §1(1) HGB, a legal entity under public law, or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising out of or in connection with the contract in question. In all other cases we or the customer may bring action in any court having jurisdiction according to the law.Updated 27.03.2015