Terms of service

Please find below our general Terms and Conditions:

General Terms and Conditions for Online Sales on the Lala Berlin Online Shop www.lalaberlin.com/shop/

§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 working 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) Shipments within EU are free of charge on all orders above 300 €. For orders under 300 € all costs are borne by the customer. Shipping and return costs for orders placed from other supplied countries are borne by the customer.

(6) Deliveries of orders under 300 € are charged at a flat rate per order as follows: 5,95 €: Germany 9,95 €: Denmark 8,95 €: Austria, Belgium, Czech Republic, Finland, France, Greece, Ireland, Iceland, Italy, Luxembourg, Netherlands, Poland, Portugal, Sweden, Spain, UK 10,95 €: Liechtenstein, Norway, Switzerland Any duties, fees, taxes and other government levies are payable by the buyer.

(8) 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 DHL. Shipments can be tracked at www.dhl.com.

(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.

§7 Warranty

(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.

§8 Liability

(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).

(2) 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.

(3) 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.

§9 Withdrawal

Consumers have a fourteen-days right of withdrawal.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Lala Forever GmbH, Wattstraße 11-13, 13355 Berlin, Germany, onlineshop@lalaberlin.com, telephone: 0304737748-16) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website https://returns.richcommerce.co/return/new?c=lalaberlin. If you make use of this option, you will be informed by e-mail. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

 If you withdraw from this contract, we must refund all payments we have received from you, excluding delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract to us or to Lala Berlin c/o FIEGE Logistik Stiftung & Co. KG (Märkische Allee 15, Gate 5 / Gate 6 , 14979 Großbeeren, Germany). The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

- Contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

- The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if we have commenced performance of the contract after you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and have confirmed your knowledge that by consenting you lose your right of withdrawal on commencement of performance of the contract.

Model withdrawal form

(If you wish to cancel the contract, please complete and return this form).

- To Lala Forever GmbH, Wattstraße 11-13, 13355 Berlin, Germany, onlineshop@lalaberlin.com

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following

goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of consumer(s) (only in case of paper communication)

- Date(s)

(*) Delete where inapplicable.

Deviating return costs regulation for Germany

We bear the direct costs of returning the goods if the return takes place within Germany.

Return labels

Without prejudice to your legal rights, we will provide you with free return labels for your return within Germany. We will send you a link for a return label. You can drop off the return shipment at a parcel shop of the respective provider in Germany.

§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) For consumers with their habitual residence in a country which is not a member of the European Union or the European Economic Area, German law shall apply to the exclusion of the UN Sales Convention and German consumer protection law. Regardless of this choice of law, the mandatory consumer protection law of the country in which consumers have their habitual residence at the time of conclusion of the contract always applies to consumers.

(3) 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.

§12 Promotions and Discounts

(1) All promotions are valid as long as stock lasts. In cases if the product ordered with a discount or was part of the free promotion is out of stock, we reserve the right to cancel the order and refund outstanding amounts.

(2) Seasonally we may exclude items we do not consider fit for any promotion.

Updated 12.08.2020