General Terms and Conditions

Transcription

1 General Terms and Conditions For all business relations which are established between LAYDA b UG (haftungsbeschränkt) ( limited liability ), KaiserstraBe 58c, Frankfurt am Main, Germany, and you, the following General Terms and Conditions shall apply exclusively in the version valid at the time of your order. Deviating conditions shall not apply, except when we expressly agree to these. 1 Order and conclusion of contract Any displays of our shoes on our website do not represent a binding offer for the conclusion of a purchase contract. Only your order is a legally binding offer to us for the conclusion of a purchase contract. Please let us know your order request via to order@laydab.com. We will then send you an with detailed information about our shoes, the purchase price, payment details as well as these General Terms and Conditions ( Order Information ) and we kindly ask you to return the indicated information to us by and therewith accepting the General Terms and Conditions. After we have received your order and with receipt of the purchase price, we will declare acceptance of your offer and inform you about the likely delivery time ( Confirmation of Contract ). Our sales are only conducted with private end consumers and in household quantities. 2 Prices, shipping costs and terms of payment The price shown in our Order Information applies to your order. All price information is made in EURO (EUR) including the legal VAT. We deliver free of shipping costs. The payment shall kindly be made by bank transfer to the accounts shown in our Order Information. 3 Delivery and retention of title We deliver the products you have ordered to your door with a parcel service. Our shoes will be manufactured individually by hand after receipt of your order. We will inform you about the expected date of delivery of the shoes to you in the Confirmation of Contract. LAYDA b General Terms and Conditions May 2018 Page 1 of 5

2 Delivery times will be extended appropriately in cases of force majeure, that is upon occurrence of unforeseen obstacles, which lie outside of our sphere of influence. This applies in as far as such obstacles have a verifiable influence on the delivery of the goods to you and also when these circumstances occur at the manufacturer s premises where we have our shoes made. There will be no damage claims for you as a result of this. We shall also not be responsible for the circumstance when they occur at a point of time, where we are already in delay with the delivery. We will inform you about the duration of the obstacle as soon as it is foreseeable. In as far as acceptance of the delivery cannot reasonably be expected of you as a result of the delay, you are entitled, through immediate declaration to us, to rescind from the contract. The delivered goods will remain our property until receipt of the full purchase price. 4 Right of revocation Please refer to the pages 3 and 4. LAYDA b General Terms and Conditions May 2018 Page 2 of 5

3 You are entitled to a right of withdrawal according to statutory provisions which we instruct you about as follows: Information concerning the exercise of the right of withdrawal Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us LAYDA b UG (haftungsbeschränkt), Kaiserstraße 58c, Frankfurt am Main, Germany order@laydab.com Phone: +49 (0) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or ). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 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 standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or 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 undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. End of the information LAYDA b General Terms and Conditions May 2018 Page 3 of 5

4 Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract) To LAYDA b UG (haftungsbeschränkt), Kaiserstraße 58c, Frankfurt am Main, order@laydab.com: I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods Ordered on (*)/received on (*) Name of client(s) Address of client(s) Signature of client(s) (only if this form is notified on paper) Date (*) Delete as appropriate LAYDA b General Terms and Conditions May 2018 Page 4 of 5

5 5 Warranty, Liability In the case of a defect, you are entitled to the legal warranty rights. We are without limitation liable for damages based on intent or gross negligence, as well as culpable injury to life, body or health. This also applies unlimited to the mandatory liability according to the German Product Liability Act. We are further liable if we culpably violate a contractual obligation whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the customer may normally trust (major contractual obligation); in the case of a negligent violation of a major contractual obligation, the liability for compensation is, however, limited to the foreseeable, typically occurring damage. 6 Collection and use of your data We will store and use the data made known to us within the scope of your order (e.g. name, address, address, ordered products, payment details) exclusively for the purpose of fulfilling our contract with you. We will transmit your name and address to the parcel service commissioned with the delivery, insofar as this is necessary for the delivery. Within the scope of the legal requirements you can demand the deletion, correction or blocking of your data stored by us. Upon request, you can receive information free of charge about all your data stored by us at any time. 7 Miscellaneous provisions German law applies with exclusion of the UN convention on the international sale of goods (CISG) and the provisions of international private law. An online platform for an online settlement of disputes will be supplied at consumers/odr/. We will, however, not participate in this form of alternative settlement of disputes, so that a settlement of disputes with us is not possible via this platform. Should one provision of these General Terms and Conditions be invalid as a whole or in part, the effectiveness and validity of the remaining provisions remain unaffected. Instead of the invalid provision, the respective legal provisions shall apply. Corresponding applies in the case of omissions. LAYDA b General Terms and Conditions May 2018 Page 5 of 5