General Terms and Conditions of the company LINA LERCH ATELIER
§1 Validity applicable to the consumer and definition of terms
The following general terms and conditions are valid for all deliveries between us and the consumer according to the applicable version at the time of the order placement. The consumer is any natural person who enters into a transaction for a purpose that cannot be attributed to his or her commercial, freelance or self-employed professional activity (§13 BGB).
§2 Contract conclusion, storage of contract text
(1) The following regulations for the contract conclusion relate to orders via our internet shop www.linalerch.com.
The customer’s business terms and conditions shall not apply even if, in individual cases, we do not object to them. Contracts with the customer will be concluded exclusively in German or in English depending on whether the customer places the order via the German or English website of the online shop. If the customer places an order via our German website, only the German version of these General Terms and Conditions will apply. If the customer places an order via our English website, only the English version of these General Terms and Conditions will apply.
(2) In the case of a contract conclusion the contract will be concluded with
LINA LERCH Atelier
(3) The goods displayed in our internet shop do not represent a legally binding offer from our side but are solely a non-binding invitation for the customer to place an order. The placement of an order for the desired goods is, for the consumer, a binding contract offer for a purchase contract conclusion.
(4) When we receive an order in our internet shop the following regulations apply: The consumer submits a binding contract offer by successfully completing the order procedure in our internet shop.
The order procedure consists of the following steps:
1) Select the desired goods
2) Confirm by clicking on the button “Order”
3) Fill in the order form
4) Send the binding order by clicking on the button “Order now”
Before sending the binding order form the consumer can return to the website on which the customer information has been recorded to check if the information he has entered is correct. This is done by clicking on the Return key of the browser being used. The order can be cancelled by closing the internet browser. We will confirm receipt of the order by email (“Order confirmation”).
(5) Storage of contract texts for orders placed via our internet shop: We will send you the order data and our General Terms and Conditions by email. You can read the General Terms and Conditions at any time under http://www.linalerch.com/agb. For security reasons your order data will no longer be accessible on the internet.
§3 Prices, delivery costs, payment, payment due dates
(1) The prices quoted include the statutory sales tax/VAT. The shipping and packaging costs will be added. The customer is obliged to bear the costs for any customs duties, fees or similar charges.
(2) If nothing to the contrary has been explicitly agreed upon, we will only deliver the goods if payment is made in advance (the payment options are on the order form in the online shop).
The deadlines and dates specified by us for the shipping and delivery of goods are always only approximate and may therefore be exceeded by up to two business days. This does not apply if a fixed delivery date has been explicitly stipulated.
Compliance with the shipping date is exclusively determined by the date on which we hand the goods over to the shipping company.
(1) Unless we have expressly specified otherwise in the product description all the items on offer are ready for shipping immediately. The shipping of the goods will be carried out, at the latest, within 5 working days. The period for the shipping of the goods begins, in the case of an advance payment, on the day after which the instructed bank has been given the payment order to transfer the money and for all other payment options on the day after the conclusion of the purchase contract. Should the end of the period fall on a Saturday, Sunday or public holiday at the place of delivery the period will end on the following workday. The delivery period is not applicable for the delivery of goods which are not prefabricated and which the consumer has either individually chosen or specifically requested a custom-made item. Custom-made products are products which are not available online at the time of the order placement.
In the case of a custom-made product order, you will be informed about the applicable delivery period when we discuss your order.
(2) The risk of accidental loss or accidental deterioration of the sold items shall be borne, also in cases of sales shipment, by the vendor and will first be passed on to the consumer upon delivery of the goods.
§5 Reservation of ownership rights
We reserve the right of ownership of the goods until the full payment of the purchase price has been made.or.
§6 Customer’s right of withdrawal as consumer
The customer has the right of withdrawal subject to the following conditions, whereby the consumer is any natural person who enters into a transaction for a purpose that cannot be attributed to his or her commercial, freelance or self-employed professional activity:
RIGHT OF WITHDRAWAL INSTRUCTIONS
Right of withdrawal
It is your right to withdraw from this contract within fourteen days without giving a reason. The withdrawal period consists of fourteen days from the day you or a third person named by you, who is not the carrier of the goods, have or has taken the goods into possession. To exercise your right of withdrawal, you must inform us of your decision to withdraw from the purchase contract by means of a clear statement (e.g. a letter sent by post, a telefax or email) sent to
LINA LERCH Atelier
For this, you can also use the attached withdrawal form template. This is, however, not obligatory.
If you decide to withdraw from this contract, we are obliged to refund you all payments which we have received from you including the shipping costs (with the exception of additional costs which resulted from you choosing a different delivery option and not the cheapest, standard delivery which we offered). The refund will be carried out immediately (latest within fourteen days) from the day you inform us, send us or hand in to us your notification of withdrawal. The period for the return of the goods will be granted if you send back the goods before the end of a period of fourteen days.
You will bear the immediate costs incurred for sending back the goods.
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and which the consumer has either individually chosen or specifically requested a custom-made item. Custom-made products are products which are not available online at the time of the order placement.
End of the instructions on the right of withdrawal
§7 Withdrawal form
Withdrawal form template
(If you would like to withdraw from the contract please fill in this form and send it back to us)
LINA LERCH Atelier
I/We (*) hereby give notice that I/we (*) withdraw from my/our contract of sale for the following goods:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for communication on paper):
The statutory warranty regulations are applicable.
§9 Contract language
The language of the contract is only in English.
Status of the General Terms and Conditions October 2018
Our liability for delay in delivery – except in the case of intent or gross negligence – is limited to an amount of 10% of the respective purchase price (including VAT). We are not liable (irrespective of the legal grounds) for damage which is not typically to be expected during normal use of the goods. Furthermore, our liability is excluded in the case of any damage caused by data loss if the data recovery is either not possible or is impeded by the absence of or an inadequate data back-up.
The above limitations of liability shall not apply in cases of intent or gross negligence. The liability limits of this §10 do not apply to our liability for guaranteed characteristics according to § 444 BGB, due to injury of life, body or health or according to the product liability law.
§11 Industrial property rights AND copyright
The customer is not entitled to make reproductions of the goods.