General Terms & Conditions

Transcription

1 General Terms & Conditions 1. Scope 2. Contractual Partner 3. Offer & Contract Agreement 4. Cancellation Policy 5. Prices & Shipping Costs 6. Delivery 7. Payment 8. Credit Check 9. Reservation of Title 10. Privacy 11. Liability 12. Final Provisions 13. Website Operator 14. Severability Clause General Terms & Conditions March 2013 The following Terms and Conditions contain information regarding your rights within the scope of contract regulations for distant sales and electronic business transactions. 1. Scope The Terms & Conditions in their most current version at the time of the order shall exclusively govern all business transactions between van Laack GmbH and the ordering party. 2. Contractual Partner A purchase contract is agreed with: van Laack GmbH Hennes-Weisweiler-Allee Mönchengladbach Germany Tel.: +49 (0) Fax: +49 (0) info@vanlaack.de Managing Directors: Christian von Daniels, Dr. Sebastian Potyka VAT ID: DE

2 Our Customer Service will be happy to assist with any queries, complaints and objections from Monday to Friday between 9 am and 5 pm. Please call: +49 (0) or send an to onlinestore@vanlaack.de. 3. Offer & Contract Agreement 3.1 The visual depiction of products in the van Laack Online Store does not represent a legally binding offer, but an invitation to place an order. Errors excepted. 3.2 You submit a legally binding order of the goods depicted on the order page when clicking the [Submit binding order] button. The purchase contract is concluded once we have accepted your order, which is signalled by the dispatch of an order confirmation to you. 3.3 The order process in our online store comprises seven steps. As a first step, you select goods and place them in your shopping cart. You now have the option to add further goods, or you can click the Cashier button for an overview of all items currently in your shopping cart. The Continue to Cashier button in the overview will lead you to the next order step. You can now log in with your existing customer number or create a new personal customer account. Registration is, however, not mandatory you can shop as a guest. The next step entails you entering your complete billing address and where differing a delivery address. Then you select your preferred payment method in the next step. In the penultimate step, you are asked to recheck all the information you have entered (e.g. name, address, payment method, ordered items) and correct as needed before you click Submit binding order to send us your order. 3.4 Items are sold in household quantities only. We don not accept orders from persons under the age of The contractual agreement will be in German language only. 3.6 Your orders will be stored with us following the contractual agreement. Please phone/ /fax us if you misplace your order documentation. We will be happy to send you a copy of your order information Cancellation Policy Cancellation Right You have the right to revoke your contract agreement within 14 days in written form (e.g. letter, fax, or ) without stating a reason or provided you have received the goods before the end of the 14 days by returning the goods. The 14-day term commences after

3 receipt of this notification in text form, but not before receipt of the goods by recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery), and not prior to performance of our information obligation pursuant to Article 246 para. 2 in conjunction with para. 1 (1) and (2) of the Introductory Act to the German Civil Code (EGBGB) and our duties pursuant to para. 312g (1) Sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 para. 3 EGBGB. A timely dispatch of the revocation or the goods shall suffice to meet the revocation deadline. The cancellation is to be addressed to: van Laack GmbH Hennes-Weisweiler-Allee Mönchengladbach, Germany Fax: +49 (0) info@vanlaack.de Consequences of Contract Cancellation In the case of an effective cancellation, any performance received by both sides shall be returned and possible benefits gained (e.g. interest) shall be released. Should you be unable to return the service and benefits (e.g. benefits from use) received in total or should you only be able to return them in part or in a deteriorated condition, you shall be required to provide compensation. You are obliged to provide compensation for benefits from use and deterioration of the goods only if the benefits or deterioration are a result of handling the goods for uses beyond reasonable verification of features and function. Verification of features and functions refers to the testing and sampling of the relevant goods as would be feasible and reasonable in a retail shop. Goods consignable by parcel shipment are to be returned at our risk. You shall be liable for the costs for return shipment if the received goods correspond to the goods ordered, and if the cost of the returned goods does not surpass EUR 40, or if you have not made payment or contractually agreed part-payment at the time of cancellation. In all other cases, the return of the goods will be free of charge to you. Goods not consignable by parcel shipment shall be picked up at your delivery address. Obligations for the repayment of payments must be fulfilled within 30 days. The 30-day term begins for you at the time of dispatch of your cancellation or goods, and for us with their receipt. End of Cancellation Policy

4 Exclusion of Cancellation Right Pursuant to para. 312g BGB, the right of cancellation outlined above shall not apply for distance selling contracts - for the delivery of goods manufactured to customer specifications or - for the delivery of goods customised to personal requirements of the customer - for the delivery of goods with properties unsuitable for return Prices & Shipping Costs 5.1 Prices an shipping costs depend on the delivery address (country) you stated in the order process (see 6.1). After entering the delivery address, the relevant prices and shipping costs are displayed in the order overview of your shopping cart. 5.2 The prices stated are gross prices in euro, including German VAT. The shipping costs stated under 5.2 are added to the price. The following exception applies for customers in Switzerland: Customers in Switzerland will not be charged German VAT. The input of a Swiss delivery address will result in an automatic deduction of the German VAT amount. We would like to point out that you will be liable for any applicable customs and duties or import sales tax (in accordance with the regulations of the import country). *Please also note that the prices displayed in the item overview of your online shopping cart will be displayed exclusive of German VAT, once you have entered a delivery address in Switzerland. This fact is additionally stated in the detail overview of each individual item.* 5.3 The following shipping costs apply for the various countries in accordance with the requested shipping type:

5 Shipping Costs Germany 1. Standard shipping via GLS or DHL: A standard shipping fee of 7.50 for end customers applies. 2. GLS or DHL Express: Up to 5 kg: (next day delivery by 12 noon) (Germany only) 3. GLS SAT (Express delivery on Saturdays): Up to 5 kg: (Germany only) DHL SAT (Express delivery on Saturdays): Up to 5 kg: (Germany only) Relevant surcharges for (2) and (3) will be passed on to the end customer. Austria GLS or DHL AT: A standard shipping fee of for end customers applies. Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain Standard shipping via GLS/DHL-EU: A standard shipping fee of for end customers applies. Switzerland Standard shipping via GLS/DHL-INT: A standard shipping fee of for end customers applies. The customer may be liable for additional taxes for cross-border deliveries (e.g. for intercommunity purchases) and/or fees (e.g. customs duties). For more information on duties, fees, taxes, etc., you may want to consult 6. Delivery 6.1 The van Laack Online Store delivers within Germany and to Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, the Netherlands, Austria, Portugal, Spain, and Switzerland. 6.2 All information regarding availability, shipping, and delivery of a product are anticipated and estimated values only. These values do not constitute binding or guaranteed shipping or delivery dates and times, except where these are expressly stated as binding as part of the shipping options for the relevant product. We will inform you in a separate should any of the products ordered by you be found unavailable during order processing. You will be informed immediately of any delays in the delivery. A contract regarding unavailable goods shall be deemed void. We will deliver within 48 hours of order receipt/payment. We reserve the right not to deliver where ordered goods are unavailable. We will inform you of that circumstance immediately and will refund any payments received immediately.

6 7. Payment 7.1 The purchase price is due upon consignment of the ordered goods. Payment options are credit card, PayPal, Sofortüberweisung.de, prepayment or against invoice. We will carry out an automatic credit check of the customer during the order process by requesting information from a credit agency. We reserve the right to exclude specific payment options depending on the response, which will be received in a second or two. Should you decide to choose the payment option Against invoice, then the invoice amount will become due upon receipt of the invoice, and is payable within 14 days of receipt of the goods. You will receive our bank details as part of our order confirmation. The invoice amount may be reduced accordingly in case of any returned goods. Should the customer select Prepayment, then the goods will be reserved for the customer at the time of order acceptance, but will be dispatched only after receipt of the amount due on the account of van Laack. We would therefore like to ask the customer to take this procedure into account and authorise the agreed prepayment amount in a timely manner. Where the payment option Prepayment is selected, the customer will be required to transfer the invoiced amount to the account stated in the order confirmation within 14 days of receipt of the order confirmation by the customer. The goods will be dispatched after payment has been received. We reserve the right to bill overdue fees for overdue payments. We do not offer instalment payments. In case of a delay in payments, the following stipulations of para. 288 BGB shall apply: (1) During the default period, the purchaser shall pay interest on the amount owed. The interest rate shall be five percentage points above base rate per annum. (2) In the case of legal transactions not involving a consumer, a rate of eight percentage points above the base interest rate shall be applied. (3) The creditor may apply higher interest rates where other legal reasons exist. (4) The right to assert further damages is not excluded. 7.2 You shall be entitled to offset only if your counterclaims have been confirmed by a court of law, or if they are undisputed, or if they have been accepted by us in writing. 7.3 Please inform us of your bank details if you have paid for your order per bank transfer. We will otherwise refund the amount to you credit card or PayPal account. 8. Credit Check We reserve the right to conduct an external credit check of your creditworthiness should you select the payment option Against invoice. In addition to an address verification, we will request information regarding your previous payment behaviour and the probability of your future behaviour, which may include other address information for the purpose of aiding our decision to enter into, maintain, or end a contractual relationship with you. We source this information via creditpass from the following providers: Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstrasse 18, Hamburg, Germany; Deutsche Post Direkt GmbH, Strässchensweg 10, Bonn, Germany; infoscore Consumer Data GmbH, Rheinstrasse 99, Baden-Baden, Germany.

7 9. Reservation of Title The goods in question will remain the property of van Laack GmbH until payment in full has been received. 10. Privacy Your personal information which becomes known to us within the scope of a business relationship, will be stored by us and may for the purpose of order processing be forwarded to associated companies. We will of course treat all personal data with confidentiality. Data is captured, stored, and used by us in accordance with current data protection legislation. 11. Liability 11.1 We assume unlimited liability for intent. We will be liable for gross negligence and ordinary negligence only in case of loss of life, physical injury, health, or breach of an important contractual obligation. Important contractual obligations are those that are critical to the fulfilment of the objective of the contract, and in the fulfilment of which you have trusted and were entitled to trust In case of slight negligence resulting in the breach of important contractual obligations, our liability shall be limited in terms of amount to foreseeable or typical damages The above limitations of liability shall similarly apply for our legal representatives and agents Liability in accordance with the German Product Liability Act (ProdHaftG) shall remain unchanged. 12. Final Provisions All contracts between us and our customers are subject to the legal framework of the Federal Republic of Germany under exclusion of the UN Sales Convention (CISG). 13. Website Operator

8 The website offered under the domain is operated by van Laack GmbH Hennes-Weisweiler-Allee Mönchengladbach Germany represented by the Managing Directors Christian von Daniels and Dr. Sebastian Potyka Phone: +49 (0) Fax: +49 (0) Registry Court: Amtsgericht Mönchengladbach HRB 302 VAT ID: DE Severability Clause Should any of the stipulations above be void, then the validity of remainder shall remain unaffected.