GENERAL TERMS & CONDITIONS

General Terms and Conditions of Business (with statutory information)
Date: 03.03.2022
 
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
[email protected]
 
Managing directors: Christian von Daniels, Dr. Wendelin Sitter
VAT ID no.: DE 227049501
www.vanlaack.de
 
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, United Kingdom
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 the European Union, Switzerland, Lichtenstein and 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 made by credit card, PayPal (www.paypal.com), Klarna Pay now (immediate transfer / direct debit) or purchase on account via Klarna.

 

Credit card

In the order process you enter your credit card details. Your card will be charged immediately after placing the order. You will not be charged any additional fees for this payment method.


PayPal

When ordering online, you can pay quickly and securely via PayPal. Simply select the payment method PayPal during the ordering process. To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process. When paying via PayPal, the debit will take place before the goods are shipped.


For a payment with PayPal it is necessary to set up a PayPal account. In the PayPal account you deposit once your bank details or your credit card information. For each future purchase with PayPal you only need your PayPal user data and password.


You can find more information on the PayPal page.


Klarna

In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise provided below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further instructions with the respective payment option and in the order process.


1. purchase on account via Klarna

If you decide to pay on account, this will be handled by our partner Klarna and we reserve the right to conduct an external check of your creditworthiness. After the goods have been shipped, you will receive an invoice to the e-mail address you provided. After receipt of the goods you have a payment term of 14 days. Please note the payment information sent by Klarna by e-mail. The Klarna purchase on account is only available for private customers with a minimum age of 18 years.


2. Klarna Pay now

If you decide to pay Klarna Pay now, you can make the one-time transaction securely and immediately with your own online banking data. In doing so, you choose via Klarna between instant bank transfer or direct debit.


- SOFORT by Klarna:

In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process. The data is entered exclusively in the secure payment form of Klarna and van Laack has no insight or access to your account data. With the authorization and the transaction confirmation, we can process your order directly and ship the goods immediately. Afterwards you will be redirected back to the webshop.


- Direct debit:

You grant Klarna a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). Here, existing Klarna customers enter their account details in Klarna's secure payment form. New customers must first set up a Klarna account to confirm the payment by entering their IBAN. The order amount will be debited by direct debit. Any costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrectly transmitted data of the bank account shall be borne by the buyer.


Unfortunately we can not offer the payment methods direct debit and surname at the moment.

 

Bank details van Laack Online Shop:

Bank name: Deutsche Bank

IBAN: DE53 3107 0001 0608 8066 00

BIC: DEUTDEDD310

 

A purchase on installments is not possible. If you are in default of payment, the provisions of § 288 BGB apply.


11. Creditworthiness examination 

If you decide to use the payment services of Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as Klarna), we ask for your consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO that we may transmit the data necessary for the processing of the payment and an identity and credit check to Klarna. In Germany, the credit agencies mentioned in the privacy policy [https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy] of Klarna may be used for the identity and credit check. You can also revoke your consent to this use of personal data at any time to Klarna.


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
E-mail: [email protected]
 
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: 
http://www.shopinfo.net/haendler/kriterien/index.html."