GENERAL TERMS & CONDITIONS

General Terms and Conditions of Business (with statutory information)
Date: 18.08.2015
 
1. Scope of application
These General Terms and Conditions of Business in the version valid at the time of the order shall apply exclusively to all business relations between van Laack GmbH and the customer.
 
2. Contracting partner
The purchase contract is concluded with
 
van Laack GmbH
Hennes-Weisweiler-Allee 25
41179 Mönchengladbach
Germany 
 
Tel. +49 (0) 2161 357 0
Fax +49 (0) 2161 357 389
 
Managing directors: Christian von Daniels, Dr. Wendelin Sitter
VAT ID no.: DE 227049501
 
You can reach our customer service for questions, complaints and objections on Monday to Friday from 9:00 a.m. until 5.00 p.m. under the telephone number +49 (0) 2161 357 357 and also by e-mail under [email protected].
 
3. Quotation and conclusion of contract
3.1 The portrayal of the products in the van Laack online shop does not portray a legally binding quotation, but a request to order. Errors and omissions reserved. The order confirmation then transmitted by e-mail does not yet lead to a purchase contract. The German language and the English language are available for the conclusion of the contract.
 
3.2 By clicking the [order with liability to payment] button, you make a binding order for the goods listed on the order page. To start with, you receive a confirmation of receipt. The purchase contract comes about when we accept your order by an order confirmation by e-mail within about 5 days after receipt of your order. This order confirmation also contains the link to the shipment tracking.
 
3.3 The order process via our online shop contains seven steps. In the first step, you select the required goods and place them in your shopping trolley. You now have the possibility of selecting further goods and, by clicking the “Go to the till” button, of receiving an overview of the articles in your shopping trolley. From this overview, you go to the next ordering step via the button “Go on to the till”. Here, you either log in with the customer number which you already have or you open a personal customer account. But you can also shop without a registration. In the next step, you then enter your complete invoice address and, if applicable, a delivery address deviating from it. Then, in the next step, you choose the mode of payment which you would like. In the penultimate step, you finally have the opportunity of checking all the information (e.g. name, address, mode of payment, ordered articles) once again and correcting them if necessary before you send your order to us by clicking on “order with liability for payment”. After this, you receive a confirmation of receipt to start with. Only after receipt of the order confirmation, which contains a link to shipment tracking, does the purchase contract come about.
 
3.4 Goods are only sold in quantities customary for households. We do not accept any orders from customers who have not yet turned 18.
 
3.5 The contract is exclusively concluded in the German language.
 
3.6 Your orders are stored by us after conclusion of the contract. If you lose your documents on your orders, please get in touch with us by e-mail/fax/telephone. We will be pleased to send you a copy of the data for your order.



4. Right of revocation for consumers
4.1 Consumers have a statutory right of revocation. A consumer is every natural entity concluding a legal transaction for purposes which cannot mainly be ascribed to their commercial of or their freelance professional activity.
 
Right of revocation
You have the right to revoke this contract within fourteen days without stating the reasons. The period of revocation amounts to fourteen days from the day on which you or a third party named by you, who is not the forwarder, have/has taken possession of the last goods. In order to exercise your right of revocation, you must inform us (van Laack GmbH, Hennes-Weisweiler-Allee 25, 41179 Mönchengladbach, fax no. +49 (0) 2161 357 389, e-mail address: [email protected]) about your decision to revoke this contract by means of an unambiguous declaration (e.g. by a letter sent by post, fax or e-mail). You can use the enclosed [sample revocation form] for this, although this has not been prescribed.
 
To comply with the revocation period, sending the notification of exercising of the right of revocation before the expiry of the revocation period suffices.
 
Consequences of revocation
If you revoke this contract, we must repay you all the payments which we have received from you, including the costs of delivery (with the exception of the additional costs resulting from the fact that you have chosen a form of delivery other than the most favourable standard delivery offered by us) without delay and no later than fourteen days from the day on which the notification of your revocation of this contract has reached us. For this repayment, we use the same mode of payment which you used in the original transaction, unless something to the contrary has expressly been agreed with you. Under no circumstances will you be charged any fees on account of this repayment. We can reject the repayment until we receive the goods back again or until you have rendered proof that you have sent the goods back, whichever point in time is the earlier. You must send or hand the goods back to us without delay and in any case no later than fourteen days from the day on which you have notified us of the revocation of this contract. The period is complied with if you send us the goods before the expiry of the period of fourteen days. We bear the direct costs of the return of the goods. You only have to bear the costs of all and any loss of value of the goods if this loss of value is to be ascribed to use of them not necessary to examine the condition, properties and mode of function of the goods.
 
4.2 The right of revocation does not exist for supply of goods produced according to the customer’s specification (e.g. fitted shirts)



5. Prices and costs of dispatch
5.1 Prices and costs of dispatch are based on the delivery address or country of delivery stated by you in the ordering process, After input of the delivery address, the prices and costs of dispatch which apply are dispatched in the shopping trolley and in the order overview.
 
5.2 The prices displayed are final prices in Euros including the German value added tax. In addition, we charge the costs of dispatch stated under Section 5.3. As a deviation from this, the following regulation applies to customers from Switzerland.
Swiss customers are not charged the German value added tax. Here, the German value added tax is automatically deducted after input of the delivery address. We make reference to the fact that you must pay any customs and/or customs clearance fees or import value added tax (according to the provisions of the import country in question) yourself.
*Please also consider the fact that prices exclusive of German value added tax are displayed in the article overview in the online shop after input of your Swiss delivery address. Additional reference is made to this once more in the detailed view of the article in question.
 
5.3 For the varying counties, the following costs of dispatch apply depending on the kind of dispatch which you choose:

Germany
GLS or DHL: Shipping costs are standardized for the customer in the amount of 4,90 €.
Belgium, Denmark, Luxembourg, Netherlands, Austria
GLS: Shipping costs are standardized for the customer in the amount of 8,90 €.
France, Great Britain, Italy, Spain
DHL: Shipping costs are standardized for the customer in the amount of 11,90 €.
Bulgaria, Estonia, Finland, Greece, Ireland, Croatia, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Czech Republic, Cyprus
DHL: Shipping costs are standardized for the customer in the amount of 14,90 €.
Switzerland
GLS or DHL-INT: Shipping costs are standardized for the customer in the amount of 24,90 €.
 
In the event of cross-border deliveries, further taxes (e.g. in the event of an intra-community acquisition) and/or dues (e.g. customs) may have to be paid by the customer.
Further information on dues, taxes and fees can be found, for example, under http://www.ezv.admin.ch/zollinfo_privat/04363/index.html?lang=de.
 
6. Delivery
6.1 The van Laack online shop delivers within Germany and also to Belgium, Denmark, Finland, France, Ireland, Italy, Luxemburg, Netherlands, Austria, Portugal, Spain, Switzerland und United Kingdom.
 
6.2 The delivery period is 2-5 days. If we establish that the products which you have ordered are not available during the processing of your order, you shall be informed about this separately by e-mail. If the event of delays in delivery, we shall inform you without delay. A contract shall not originate for goods which are not available.

7. Redeeming gift vouchers
7.1 Vouchers that can be purchased via the van Laack Online Shop (hereinafter referred to as “gift vouchers”) can be redeemed in the van Laack Online Shop and in the following van Laack stores, unless otherwise indicated on the voucher itself.

van Laack Stores: München, Baden Baden, Düsseldorf, Hamburg, Berlin, Stuttgart, Zürich, Nürnberg, Paris, Salzburg, Dresden, Bern, Innsbruck, Luzern, Mönchengladbach, Frankfurt, Wiesbaden, Hamburg AEZ, Hannover, Bremen, München Airport, Frankfurt Airport, Düsseldorf Airport

7.2 Gift vouchers are valid for three years from the date of issue. Any remaining balance can be credited to the customer if the customer claims it. We do not accept any liability in the event that a voucher is lost, stolen or damaged (e.g. illegible voucher number) or if it is misused or redeemed by an unauthorised third party and we will not provide any replacements. 

7.3 Vouchers are issued electronically as a PDF file sent by email to the customer (gift voucher to print out).

7.4 Gift vouchers can only be redeemed before the order process is completed. It is not possible to use vouchers for payment for orders that have already been placed.

7.5 Only one gift voucher may be redeemed for any given order.

7.6 Gift vouchers can only be used to purchase goods and not for purchasing other gift vouchers.

7.7 If the value of the gift voucher is not sufficient to cover the cost of the order, the difference may be made up using the payment methods available.

7.8  The credit balance on a gift voucher cannot be paid out in cash and does not bear interest.

7.9 Gift vouchers are transferable. The seller can provide its services with discharging effect to the voucher holder who redeems the gift voucher in the seller’s online shop.  This shall not apply if the seller is aware, or unaware due to gross negligence, that the respective voucher holder is ineligible, legally incompetent or does not have the necessary right of representation.


8. Redeeming promotional vouchers 
8.1 Vouchers which are given out by us free of charge as part of promotional campaigns that run for a specific period and which cannot be purchased by customers (hereinafter referred to as “promotional vouchers”) can only be redeemed in the van Laack Online Shop and only within the specified period.

8.2 We do not accept any liability in the event that a voucher is lost, stolen or damaged (e.g. illegible voucher number) or if it is misused or redeemed by an unauthorised third party and we will not provide any replacements. 

8.3 Promotional vouchers can only be redeemed by consumers. Individual products may be excluded from the voucher campaign if a corresponding restriction is indicated in the information shown on the promotional voucher.

8.4 Promotional vouchers can only be redeemed before the order process is completed. It is not possible to use vouchers for payment for orders that have already been placed.

8.5 Only one promotional voucher may be redeemed for any given order.

8.6 The value of the goods may not be lower than the amount available on the promotional voucher. No compensation will be provided for any remaining credit.

8.7 If the value of the promotional voucher is not sufficient to cover the cost of the order, the difference may be made up using the payment methods available.

8.8 The credit balance on a promotional voucher cannot be paid out in cash and does not bear interest. 

8.9 Promotional vouchers will not be replaced if the customer returns any goods paid for in full or in part with the promotional voucher under their statutory right of withdrawal.

8.10 Promotional vouchers are transferable.  The seller can provide its services with discharging effect to the voucher holder who redeems the promotional voucher in the seller’s online shop.  This shall not apply if the seller is aware, or unaware due to gross negligence, that the respective voucher holder is ineligible, legally incompetent or does not have the necessary right of representation.
 
9. Warranty
The customer has a claim to warranty for defects in the purchased commodities according to the statutory directives of §§ 437 et seqq., German Civil Code. In particular, the customer can demand subsequent performance or new delivery or remedying of the defects. We shall however be entitled to refer the customer to new delivery if remedying of the defects would be connected with disproportionate efforts. The warranty period for the consumer amounts to two years after supply of the goods. The customer should make claims to warranty with a statement of the order number, of his name and his address and with a brief description of the defect. If requested, the customer sends us the defective goods for examination at our expense and our risk to the following address:
 
van Laack GmbH
Hennes-Weisweiler-Allee 25
41179 Mönchengladbach
Germany 
 
10. Payment
10.1 Payment can be done by credit card, PayPal (www.paypal.com), Sofortüberweisung.de, advance payment or invoice. During the ordering process, we carry out an automatic examination of the customer’s creditworthiness by means of an inquiry to a credit reference agency. Depending on the outcome of this examination, which will take about one to two seconds, we reserve the right to rule out individual forms of payment.
 
Invoice
If you decide on payment with an invoice, the invoice amount becomes due for payment upon receipt of the invoice. The invoice is enclosed with the goods. In this case, you are given our bank account details with the order confirmation.
In payment with invoice, we request that you transfer the amount within 14 days of receipt of the invoice. All the information necessary for the transfer can be found in the invoice. In the event of you choosing payment with invoice, we reserve the right to carry out an external examination of your creditworthiness.
 
Credit card
In payment by credit card, booking is done before the dispatch of the goods. No additional fees are charged for this form of payment.
 
Advance payment
In this case, we reserve the ordered goods for you for two weeks and dispatch the goods after receipt of the money on our account. Please pay the invoice amount during this time, otherwise your reserved goods will be released again by the system. Under these circumstances, you will be notified by us by e-mail.
 
Immediate transfer
In an immediate transfer, you make comfortable use of your accustomed online banking data. With the transaction confirmation, we can process your order during the transaction and dispatch the goods immediately. For this, your bank merely has to cooperate with SOFORT GmbH.
 
PayPal
In your online order, you can pay quickly and securely by PayPal. Simply choose PayPal as the mode of payment during the order process. After dispatch of the order, you are automatically forwarded to PayPal, in order to make your payment there. In payment by PayPal, the booking is done before the dispatch of the goods.
For payment with PayPal, you must open a PayPal account. In the PayPal account, you deposit your bank account or your credit card data once. For each future purchase with PayPal, you only need your PayPal user data and your password.
You can find further information on PayPal here.

Unfortunately, we cannot offer the direct debit and cash on delivery forms of payment at the moment.
 
Bank account, van Laack online shop:
HSBC Trinkhaus & Burkhardt AG Düsseldorf
Account number: 12033001
Sort code: 300 308 80
IBAN: DE85300308800012033001
BIC: TUBDDEDDXXX
 
Purchase by instalments is not possible. If you fall into arrears with payment, the regulations of § 288 German Civil Code apply.
 
10.2 A right to offset only accrues to you if your counterclaims are judicially legally effective or undisputed or have been acknowledged by us in writing.
 
10.3 If you have settled your order by bank transfer, please state your bank account here. Otherwise, a reimbursement will be to your credit card or PayPal account.
 
11. Creditworthiness examination 
For the purpose of deciding on substantiation, implementation or ending of the contractual relationship, we use not only an address check, but information on your payment behaviour up to now and probability figures on your future behaviour are included in their calculation with other address data. We obtain this information via creditPass from the following providers: Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, 22761 Hamburg; Deutsche Post Direkt GmbH, Sträßchensweg 10, 53113 Bonn; infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden.
 
12. Retention of title
The goods remain property of van Laack GmbH until complete payment.
 
13. Data protection
On our website, data for marketing and optimisation purposes are collected and stored by means of a tracking tool. From the data which we collect, use profiles are produced using a pseudonym. As a tracking tool, we use google analytics and Econda on our website. Your personal data which become known to us within the framework of a business relationship are stored by us and possibly forwarded to affiliated enterprises for the purpose of handling the order. All data are naturally treated confidentially.
The data are collected, stored and used by us according to the data protection directives valid at the time in question. These data provisions can be accessed in a printable form [here] .
Further information on data protection can be found under https://www.vanlaack.com/en/privacy/
 
14. Liability
14.1 We shall be liable without limitation for malice aforethought, For gross and simple negligence, we shall only be liable for injury to life, limb and health or a breach of an essential contractual duty. Essential contractual duties are those, fulfilment of which is necessary for achievement of the purpose of the contract and in fulfilment of which you have trusted and have also been able to trust.
 
14.2 In the event of slightly negligent breaches of essential contractual duties, our liability shall be limited to the foreseeable damage typically occurring with a view to the amount.
 
14.3 The above limitations of liability also apply in favour of our statutory representatives and vicarious agents.
 
14.4 Liability according to the German Product Liability Act shall remain unaffected.
 
15. Dispute resolution platform
 According to valid law, we are obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used for resolution of disputes without a court having to be involved. The European Commission is responsible for setting up the platform. You can find the European online dispute resolution platform  here: http://ec.europa.eu/odr. We are not obliged to participate in dispute settlement resolution before a consumer resolution agency and unfortunately also cannot offer participation to you. 
 
16. Final directives
All contracts between us and our customers shall be governed by the law of the Federal Republic of Germany, ruling out UN purchase law. This choice of law shall only apply to the extent that cogent applicable consumer protection directives of the state in which the consumer has his customary abode at the time of his order are not withheld.
 
17. Provider of the website
The website offered under the domain www.vanlaack.com is operated by
 
van Laack GmbH
Hennes-Weisweiler-Allee 25
41179 Mönchengladbach
Germany 
represented by its managing director Mr Christian von Daniels and Mr Dr. Wendelin Sitter
 
Telephone: 02161/3570
Fax: 02161/357389
 
Register court:
Mönchengladbach County Court HRB 302
Turnover tax identification no.: DE227049501
 
"Our shop (www.vanlaack.com) has the EHI Examined Online Shop seal of quality. To obtain this seal, we are regularly audited by EHI Retail Institute GmbH for compliance with the criteria of the EHI Code of Conduct. You can inspect the code of conduct under the following link: 
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