Applicable to Orders Submitted by Consumers in the Webshop
www.laessig-fashion.com
Last revised: 01/01/2022
General Terms and Conditions of Business (hereinafter: GTCs) for the online store operated by Lässig GmbH, Im Riemen 32, 64832 Babenhausen, Germany, phone: +49 (0)6073 74489-0, entered in the Commercial Register of Darmstadt Local Court under the number HRB 33393, represented by the managing directors Claudia Lässig and Karin Heinrich, VAT ID No. DE214745540 (hereinafter: “Lässig”). WEEE Reg. No. DE12994765.
Section 1: Scope of Application and Definitions
(1) These General Terms and Conditions (GTCs) apply to all purchase contracts concluded via the web store between Lässig and a consumer of its products (hereinafter “Customer”). Deviating terms and conditions of the Customer shall not be applicable without the express consent of Lässig.
(2) Lässig is a company within the meaning of Section 14 of the German Civil Code (hereinafter “BGB”) acting as a legal entity in the exercise of its commercial activities.
(3) The Customer, on the other hand, acts in the capacity of consumer within the meaning of Section 13 of the BGB. A consumer is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or independent professional activity.
Section 2: Conclusion, Text of Contract
(1) The presentation and advertising of products in the Lässig online store do not constitute a binding offer for the conclusion of a purchase contract.
(2) The Customer submits a binding purchase order by clicking on the button “Place binding order”. Before placing the order, the Customer will be fully informed of shipping costs, delivery and payment terms. The Customer may further view and print the terms and conditions before placing his/her order by clicking on “GTCs” in the last step of the order, whereupon the terms and conditions will open as a pop-up in the browser. The GTCs can additionally be accessed at any time via the footer of the homepage under the heading “LEGAL”.
(3) After receipt and verification by Lässig of the order placed via the web store, the Customer will receive an e-mail (order confirmation) sent to the e-mail address provided by the Customer, in which Lässig will confirm the order, enclosing all order data as well as a copy of the GTCs together with notification of the company’s cancellation policy. By sending the order confirmation, Lässig accepts the Customer's binding offer to purchase. From the moment the order confirmation has been dispatched and regardless of the selected method of payment, the contract comes into force (conclusion of the contract). In all other cases, a contract shall be concluded at the latest upon dispatch of the goods to the Customer.
(4) The Customer will then receive a separate e-mail from Lässig to which the invoice for the respective order is attached.
(5) As soon as the goods have left the warehouse, the Customer will receive an e-mail from DHL with a corresponding delivery tracking number (shipping confirmation).
Section 3: Delivery
The delivery periods shown by Lässig are calculated from the time of the conclusion of the contract or, if advance payment has been agreed, from the day on which full payment of the purchase price by the Customer was received by Lässig. Delivery times can be taken from the respective product page.
Section 4: Prices and Shipping Costs
(1) All prices on the Lässig website are shown inclusive of applicable value-added tax plus shipping costs.
(2) Information about shipping can be found in the footer of the web page under the heading “SERVICE”. This information is also shown in the order summary displayed before the Customer submits his/her order.
(3) If the Customer withdraws from the purchase contract, Lässig will reimburse any previously paid shipping costs to the Customer, provided that legal prerequisites have been met.
Section 5: Reservation of Title
Lässig retains title of ownership to any products delivered until payment has been made in full.
Section 6: Payment, Offsetting, and Retention Right
(1) The Customer may choose from the following payment methods: advance payment, credit card, PayPal, direct debiting (using PayPal), and credit card (using PayPal). Payment using PayPal for the latter two payment methods is effected by using the function “Payment without a PayPal account”.
(2) If the customer selects the “Payment in Advance” option, the purchase price including shipping costs must be paid by the customer immediately. Payment in full must have been booked into the Lässig bank account within seven days after conclusion of the contract at the latest.
(3) The Customer is not entitled to offset any counterclaims against claims by Lässig unless said counterclaims have been finally adjudicated or are undisputed or unless the Customer asserts complaints due to defects or counterclaims from the same contract.
(4) The Customer may exercise a retention right solely if their counterclaim is based on the same purchase contract.
Section 7: Warranty, Guarantee
(1) Lässig is liable for defects in accordance with legal statutes. In this context, we draw your attention to the new legal regulations within the framework of warranty law which apply to all orders from 1st January 2022 onwards. For contracts concluded before this date, the law as it stood on 31st December 2021 shall apply.
(2) Lässig does not give any further warranties for the products delivered by Lässig unless they have been expressly agreed for the specific product. Details of the scope of any such guarantees can be found in the terms and conditions of guarantee.
Section 8: Liability
(1) The liability of Lässig for damage compensation, regardless of the legal grounds, is restricted in accordance with this Section 8 to the extent that culpability is a determining factor.
(2) Lässig is not liable in case of simple negligence of its directors and officers, authorized representatives, employees, or other vicarious agents unless there has been a breach of obligations essential to the contract. The obligations of Lässig are essential to the contract if and when their fulfillment is required for the orderly performance of the contract and the Customer may generally assume the fulfillment of the obligations.
(3) If and when Lässig is liable for damage compensation pursuant to Section 8 (2), this liability is limited to the damage that Lässig foresaw as possible consequence of a breach of contract at the time of the conclusion of the contract or that Lässig would inevitably have foreseen if the care usual in the trade had been taken.
(4) The aforementioned exclusions and restrictions of liability apply equally in favor of the officers and directors, authorized representatives, employees, and other vicarious agents of Lässig.
(5) The restrictions pursuant to this Section 8 do not apply to liability for intentional or grossly negligent breach of obligations, for warranted characteristics, for injury to life, body or health, or pursuant to the Product Liability Act.
Section 9: Revocation Right
(1) Your rights of cancellation
You have the right to withdraw from this contract without stating your reasons within fourteen days. The cancellation period of fourteen days begins on the day on which you or a third party you have designated (other than the carrier)
- have/has taken possession of the product(s) to the extent that you have ordered a number of products within the scope of a single order and the products have been delivered in a single consignment; or
- have/has taken possession of the final product to the extent that you have ordered a number of products within the scope of a single order and the products have been delivered separately; or
- have/has taken possession of the final partial consignment or the final unit to the extent that you have ordered a product that is shipped in multiple partial consignments or units.
If you wish to exercise your cancellation right, you must notify us (Lässig GmbH, Im Riemen 32, 64832 Babenhausen, email: service@laessig-gmbh.de, Phone: +49 (0) 6073 74489 0) of your decision to withdraw from this contract by submitting an unambiguous statement (e.g. a letter sent by post or email). You may use the attached sample cancellation form, but its use is not mandatory.
Your notification of your exercise of the cancellation right will be deemed in compliance with the cancellation period if it has been dispatched before the expiration of the cancellation period.
(2) Consequences of cancellation
If you withdraw from this contract, we will return any and all payments we have received from you, including shipping costs (with the exception of the additional costs incurred because you selected a shipping option other than the least expensive standard shipping we offered), without delay and no later than fourteen days after the day on which we received notification from you of your cancellation of this contract. We will use the same means of payment you used for the original transaction to effect this return payment unless otherwise expressly agreed with you; you will not be billed any charges for this return payment in any case.
We may refuse to make the repayment until the products have been returned to us or until you have presented verification that you have returned the products, whichever is earlier. You must return or hand over the products to us without delay and in any case no later than within fourteen days of the day on which you have notified us of the cancellation of this contract. The return will be deemed in compliance with the deadline if you have dispatched the products before expiration of the fourteen-day period.
We will bear the direct costs for the return of the products.
You will be accountable for any loss of value of the products solely if and when this loss of value is caused by an unnecessary handling of the products for an inspection of the condition, properties and functions of the products.
(3) Limitation of cancellation rights
Unless otherwise agreed between Lässig and the Customer, the right of cancellation does not apply to the following contracts in accordance with Section 312g (2) of the German Civil Code (BGB):
- Contracts for the provision of products that are not pre-fabricated and for which an individual choice or instruction by the Customer is essential for their manufacture or that have been customized for the personal requirements of the Customer;
- Contracts for the provision of products that are perishable or for which the best-used-before date may quickly be exceeded;
- Contracts for the provision of sealed products that are not suitable for return owing to reasons of health protection or hygiene if their seals have been removed after delivery;
- Contracts for the provision of products if their properties mean they have been inseparably mixed with other goods after delivery;
- Contracts for the provision of alcoholic beverages for which the price was agreed upon conclusion of this contract, but that may be delivered at the earliest 30 days after the conclusion of the contract and whose current value is dependent on fluctuations on the market that are beyond the control of the entrepreneur;
- Contracts for the supply of audio or video recordings or computer software in a sealed package if the seal was removed after delivery;
- Contracts for the provision of newspapers, journals or magazines (with the exception of subscription contracts).
(4) Sample Cancellation Form
If you wish to withdraw from the contract, please complete and return this form to: Lässig GmbH, Im Riemen 32, 64832 Babenhausen, E-Mail: service@laessig-gmbh.de, Phone: +49 (0) 6073 74489 0.
I/we (*) hereby revoke the contract I/we (*) concluded for the purchase of the following products (*)/performance
of the following services(*)
Ordered on (*)/Received on (*)
Name of the Customer(s)
Address of the Customer(s)
Signature of the Customer(s)
(only for notification on paper)
Date
(*) Strike through irrelevant element.
Section 10: Conditions applying to free gifts and bonus items in the context of promotional offers
(1) The Customer first adds desired items to the shopping cart. During the term of a “bonus promotion”, a note indicating “selectable bonus items” appears in the shopping cart when the minimum purchase value is reached or after the conditions of the promotion have been fulfilled (e.g. purchase of a specific item). The bonus item must be added to the shopping cart by active selection.
(2) The following general terms and conditions apply to promotional offers:
- The customer can only receive one free gift or bonus item per order.
- The offer of a promotion-related free gift or bonus item cannot be combined with voucher promotions. Likewise, the offer of a free gift or bonus item does not apply to the purchase of gift vouchers.
- It is not possible to exchange free gifts for a refund of the regular purchase price of the gift item.
- Promotions with the offer of a free gift have a minimum purchase value, which is always indicated with the offer.
- If the purchase value of the order falls below the respective minimum purchase value due to the exercise of a right of cancellation/return, the purchase no longer qualifies for the free gift. If the customer cancels the purchase of the item to which the offer of a free gift is linked, the free gift is also automatically canceled. In such cases, the free gift or bonus item must be returned together with the goods. In this respect, the regulations of the cancellation policy apply.
- Gift/bonus promotions have a limited period of validity, which is also indicated with the advertising of the promotion. In the case of purchases outside the promotional period, the free gift or bonus item ceases to be available. The period of the promotion cannot be extended.
Section 11: Special conditions applying to the return of items forming part of a set
Partial revocation by returning individual items forming part of a set is not possible. Sets must always be returned in full to Lässig. Otherwise, Lässig reserves the right to charge the customer the regular item price of the item remaining with the customer. In this case, the preferential price of the set can no longer be granted.
Section 12: Gift Vouchers
(1) Lässig offers gift vouchers for use in the web store. The gift voucher will be sent as a PDF upon receipt of full payment of the price of the voucher. The Customer should note that discount codes cannot be used when purchasing a gift voucher.
(2) Gift vouchers purchased in the web store can only be redeemed at www.laessig-fashion.com. The gift certificate and any remaining credit are redeemable for a period of three years after the end of the year in which the gift certificate was purchased. In order to redeem the voucher, it must be presented before the order process has been completed, i.e. it cannot be redeemed retrospectively. Only one gift voucher can be redeemed per order. This cannot be combined with other discount voucher codes or with the selection of free gifts. The gift voucher can only be used for the purchase of goods and not for the purchase of other gift vouchers. The voucher value cannot be applied to shipping charges. The voucher balance cannot be paid out in cash nor does it earn interest.
Section 13: Applicable Law
Contracts between Lässig and the Customer are governed by the law of Germany, excluding application of the UN sales law. The above provision is without prejudice to the legal statutes restricting the choice of governing law and to the application of mandatory regulations, especially those of the country in which the Customer has his/her customary residence.
Information on online dispute resolution pursuant to Art. 14 (1) ODR Regulation:
The EU Commission has created an Internet platform for Online Dispute Resolution (ODR). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The customer can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/
We are not obligated to participate in an arbitration procedure and unfortunately cannot offer participation in such a procedure either.