1. Scope:
The following general terms and conditions of business and delivery apply to all contracts, deliveries and other services and also to future contracts. We hereby expressly object to any deviating provisions of our contractual partners. All subsidiary agreements must be confirmed in writing. This also applies to any changes to this written form itself.
2. Offer and conclusion of the contract:
Our offers are non-binding and subject to change. Small deviations between the ordered goods and our illustrations or descriptions are possible, especially since some of our goods are not industrially manufactured and, if you wish, can be sewn according to your individual specifications.
Before sending your order, you will have the opportunity to check all details (e.g. name, address, payment method and ordered items) again and change them if necessary in the order status "Order with payment". However, as soon as you click on "Order with payment", you are making a binding, fee-based offer to lavendels. Acceptance of this offer occurs when we send you confirmation by email.
3. Delivery and payment:
Delivery is subject to advance payment (bank transfer, Klarna-Sofort or Paypal). We reserve the right to make partial deliveries, whereby the flat shipping fee is only due once. Special shipping methods requested by our customers are charged with the surcharge required at the place of dispatch. We ship with Deutsche Post AG. The flat shipping fee within Germany is € 1.99, € 3.90 or € 5.99 depending on the weight and size of the goods ordered. We reserve the right to charge increased shipping costs for orders that weigh more than 4 kg.
Shipping costs for international orders are displayed during the ordering process before the order is sent. Shipping costs for countries not listed on the order form will be determined after consultation. For packages weighing more than 4 kg outside Germany, we reserve the right to increase the stated shipping costs.
Payments must be made within 10 days of the conclusion of the contract. From the second reminder onwards, expenses of €3.00 per reminder are due.
4. Delivery time:
All information on delivery times is non-binding. Goods that are in stock will be dispatched within 7 working days of receipt of payment at the latest. Since our items are made by us, longer delivery times may occasionally apply. We are not liable for delivery delays that are solely the responsibility of the supplier, nor for failure to meet delivery and service deadlines in the event of force majeure, industrial action or other circumstances for which we are not responsible. In this case, the deadline will be extended accordingly. If the delivery deadline is not met for reasons other than those mentioned above, the buyer is entitled to withdraw from the contract under the statutory conditions. If the delivery is due to incorrect or non-delivery by the material manufacturer or one of our other suppliers, both we and the buyer can withdraw from the contract if delivery cannot be made even two months after the contract has been concluded. Claims for damages due to delay or failure to deliver are excluded unless the customer can prove that we acted with gross negligence or intent.
5. Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods. However, the period does not begin before the purchase contract has become binding for you through your approval of the purchased item.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. The withdrawal must be sent to:
lavender
Wessel & Werner GbR
Kreuzstrasse 13
80331 Munich
Email: info@lavendels.de
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You will bear the cost of returning the goods.
The goods must be returned to: lavendels GbR, Kreuzstr.13, 80331 Munich
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exclusion/expiration of the right of withdrawal:
According to Section 312g Paragraph 2 of the German Civil Code (BGB), there is no right of cancellation for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. The above right of cancellation also does not apply to orders from companies within the meaning of Section 14 of the German Civil Code (BGB).
End of revocation
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
— lavendels GbR, Kreuzstr. 13, 80331 Munich, email: info@lavendels.de
— I/we (*) hereby revoke 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 the consumer(s) (only if notification is on paper)
- Date
_______________
(*) Please delete if not applicable
6. Warranty:
Your warranty rights are governed by the general statutory provisions, unless otherwise stated below. The warranty is void if you modify the delivered goods.
As part of our warranty, we have a twofold right to repair or, if necessary, replace the item at our own discretion. If our repair or subsequent performance by replacing the goods fails, you as the customer retain the rights under the statutory provisions (withdrawal, reduction, compensation).
The limitation period for warranty claims for you as a customer is 2 years for consumers. For businesses, the limitation period is 1 year. The above shortening of the limitation period does not apply to claims for damages by the customer due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Also excluded from the shortening of the limitation periods for businesses is the right of recourse under Section 478 of the German Civil Code (BGB).
7. Retention of title:
The goods remain our property until full payment has been made.
8. Note on recorded data:
We would like to point out that our website uses statistical programs that record times and IP addresses and related data. All personal data is treated confidentially in accordance with data protection law.
9. Electronic communication:
You agree that contract-related communications may be made in electronic form and therefore do not require written form, unless mandatory legal provisions require another form of communication.
10. Disclaimer for external links:
Lavendels GbR provides links to other websites on its website. The following applies to all of these links: Lavendels GbR expressly declares that it has no influence on the design and content of the linked websites. We therefore expressly distance ourselves from all content on all third-party websites linked to
http://www.lavendels.de and do not claim ownership of this content. This declaration applies to all links displayed and to all content on the websites to which links lead.
11. Image rights:
All image rights are held by Lavendels GbR. Use without express consent is not permitted.
12. Contract language/storage of order text:
The contract is concluded in German. The order text is not stored by us and can no longer be accessed after the order process has been completed. However, you can print out your order data immediately after submitting the order.
13. Notes according to the Packaging Ordinance:
According to the provisions of the Packaging Ordinance, we are obliged to take back packaging for recycling or disposal if it does not bear the symbol of a nationwide disposal system (e.g. "Green Dot" of DSD AG).
For further clarification regarding the method of return for such products, please contact us:
lavendels GbR, Kreuzstraße 13, 80331 Munich, email: info@lavendels.de
We will then give you the name of a municipal collection point or a waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us (Lavendels GbR, Kreuzstr. 13, 80331 Munich). We will reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
14. Miscellaneous:
This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Fulfillment and jurisdiction:
For merchants and legal entities, the place of jurisdiction is Munich or, at our discretion, the place of business of our customer. German law applies exclusively.
Severability clause
Should individual provisions of our General Terms and Conditions be or become invalid, this will not affect the validity of the remaining provisions. In the event of partial invalidity, the invalid provision is to be replaced by a valid one that comes closest to the economic purpose of the invalid provision. This also applies to any regulatory gaps.