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 25

41179 Mönchengladbach

Germany

 

Tel.: +49 (0) 2161 357 0

Fax: +49 (0) 2161 357 389

[email protected]

 

Managing Directors: Christian von Daniels, Dr. Sebastian Potyka

VAT ID: DE 227049501

www.vanlaack.de

 

Our Customer Service will be happy to assist you with any queries, complaints and objections from Monday to Friday between 9am and 5pm.

Please call: +49 (0) 2161 357 357 or send an email to [email protected].

 

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 email 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 do not accept orders from persons under the age of 18.

 

3.5 The contractual agreement will be in German language only.

 

3.6 Your orders will be stored with us followingm the contractual agreement. Please phone/email/fax us if you misplace your order documentation. We will be happy to send you a copy of your order information.

 

 

4. Cancellation Policy

 

4.1 Consumers have the right of withdrawal within two weeks.

Right of withdrawal. You have the right to terminate this agreement within 14 days without giving reasons. The 14-day-cancelation-period begins on the day the item is delivered to you or a third party entitled by you. The third party is not the delivery service. To execute your right of withdrawal you must inform us (van Laack GmbH, Hennes-Weisweiler-Allee 25, 41179 Mönchengladbach, Fax. +49 (0) 2161 357 389, Email: [email protected]) through an explicit explanation (e.g. by letter, fax or email) about your decicion to cancel this agreement. For this purpose you can use the attached [withdrawal template], but that is not required. To meet the requirements of your right of withdrawal your notice of cancellation must be sent before the expiration of the deadline.

 

In case you terminate the agreement, we are obligated to reimburse you for any payments we have received from you, incl. the costs for delivery (with the exception of the additional costs that have occurred due to the fact that you have chosen a type of delivery other than the most inexpensive standard delivery that is offered by us), without any delay and no later than 14 days after the day we have received your notice of withdrawal and cancelation of the agreement. For your reimbursement we will use the same means of payment that you have used for the initial transaction, unless we have a special agreement with you; in no case there will be extra costs for you regarding the reimbursement. We are allowed to refuse payment until the date we have either received the merchandise or until you have provided proof that you have returned the merchandise, depending on what the earliest date is.

 

You are obligated to return (either by sending it back or handing it over) the merchandise without delay und in any case within a 14-day period beginning on the day you have informed us about the termination of the agreement. The deadline is met, if you return the merchandise within the 14-day period. We will pay for the direct costs for the return of the merchandise. You will only be held liable for a possible loss of value, if this loss of value can be traced back an unnecessary handling of the items due to the examination of the appearance and workmanship, the characteristics and functionality.

 

4.2 The right of withdrawal is not valid if it concerns items that have been made according to customer specifications (e.g. made to measure shirts).

The delivery time is between 2 to 5 days.

 

5. Prices & Shipping Costs

5.1 Prices and 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:

 

Shipping Costs

Germany

Standard shipping via GLS or DHL: A standard shipping fee of €7.50 for end customers applies.

Austria

GLS or DHL AT: A standard shipping fee of €12.30 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 €16.70 for end customers applies.

United Kingdom

Standard shipping via DHL-UK: A standard shipping fee of €16.70 for end customers applies.

Switzerland

Standard shipping via GLS/DHL-INT: A standard shipping fee of €25.20 for end customers applies.

 

The customer may be liable for additional taxes for cross-border deliveries (e.g. for inter-community purchases) and/or fees (e.g. customs duties). For more information on duties, fees, taxes, etc., you may want to consult http://www.ezv.admin.ch/zollinfo_privat/04363/04364/index.html?lang=de

 

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, Switzerland and United Kingdom.

 

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 email 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.

 

7. Warranty

The customer is entitled to a warranty concerning defects of purchased items based on the statutory provisions of the articles 437 et seqq. BGB.

In particular the customer may demand a supplementary performance in form of a replacement delivery or rectification of the defect. We are although entitled to refer the customer to a replacement delivery, in case the rectification of the defect causes a disproportionate and unreasonable effort. The warranty ends two years after the delivery of the items. The customer should assert the guarantee claims by giving the order number, her/his name and address as well as by indicating the reasons for returning the item. We reserve the right to ask the customer to return the defective items at our cost and our risk so weinspect the items. The customer must comply. The item will be sent to the following address: van Laack GmbH, Hennes-Weisweiler-Allee 25, 41179 Mönchengladbach, Deutschland.

These data definitions are downloadable [here] for printing.

 

8. Payment

8.1 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.

 

Invoice

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. The invoice will be included in the delivery. 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.

 

Prepayment

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 authorize 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.

 

Credit card

When paying by credit card the debiting takes place before shipment of the goods. For this payment method you are no additional fees.

 

PayPal

Your online order you can pay quickly and securely with PayPal. During the purchasing process you can choose the payment method PayPal. After confirming the order you will be forwarded to PayPal to make your payment. By paying with PayPal the amount of the order will be charged before the delivery of the goods.

 

For a payment with PayPal, it is necessary to set up a PayPal account. In PayPal, you enter once your bank account or your credit card information. At each future purchases with PayPal, you only need your PayPal user information and your password.

For more information about PayPal, click here.

 

Unfortunately we cannot offer the payment methods debit and cash on delivery at that time.

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.

 

8.2 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.

 

8.3 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.

 

9. 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 behavior and the probability of your future behavior, 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, 22761 Hamburg, Germany; Deutsche Post Direkt GmbH, Strässchensweg 10, 53113 Bonn, Germany; infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, Germany.

 

10. Reservation of Title

The goods in question will remain the property of van Laack GmbH until payment in full has been received.

 

11. 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.

 

12. Liability

12.1 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.

 

12.2 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.

 

12.3 The above limitations of liability shall similarly apply for our legal representatives and gents.

 

12.4 Liability in accordance with the German Product Liability Act (ProdHaftG) shall remain unchanged.

 

13. 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).

 

14. Website Operator

The website offered under the domain www.vanlaack.de is operated by

van Laack GmbH

Hennes-Weisweiler-Allee 25

41179 Mönchengladbach

Germany

represented by the Managing Directors Christian von Daniels and Dr. Sebastian Potyka

Phone: +49 (0) 2161 357-0

Fax: +49 (0) 2161 357389

Email: [email protected]

Registry Court:

Amtsgericht Mönchengladbach HRB 302

VAT ID: DE227049501

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