General Terms and Conditions of LAGUSO GmbH
§ 1 Scope, Definitions
(1) The following terms and conditions shall apply to all business relationships between you as a customer and us, the LAGUSO GmbH, Immenhofer Str. 47, 70180 Stuttgart (hereinafter also “LAGUSO”), which are initiated and processed through our webshop. Decisive is the version of our general terms and conditions that is valid at the time of the order. Deviating cusomter conditions will not be recognized unless LAGUSO expressly agrees to their validity.
(2) Our goods and services offered via the LAGUSO Webshop are aimed equally at consumers and entrepreneurs, but only at end users. For the purposes of these Terms and Conditions, (i) “consumer” shall mean any natural person who enters into the contract for a purpose that cannot be attributed primarily to their commercial or independent professional activity (§ 13 BGB) and (ii) “Entrepreneur” shall mean a natural or legal person or a legal partnership which, upon conclusion of the contract, acts in the exercise of its commercial or independent professional activity (§ 14 para. 1 BGB).
§ 2 contract conclusion, contract language
(1) The goods and services offered on our website do not constitute an offer to conclude a contract, but merely an invitation to place an order.
(2) To order an item, enter the desired number on the respective product page, select the size, color and click on the “add to cart” button. The article will then be saved in your shopping cart. After you have selected all items, click on the shopping cart icon. In the overview you can see all stored articles. If all positions are correct, please click on the “Checkout” button to enter the ordering process.
If you want to see and edit the entire order again, please click on “to cart” button. To change the number of items in the shopping cart, please select the appropriate number in Drop Down. If you want to delete a position, click on “delete”. If all positions are correct, please click on “Checkout” button to enter the ordering process.
In the order process, you enter your delivery and billing address in individual steps and select the payment method. Afterwards you can order the products in your shopping cart. For this purpose, all the products to be ordered and the delivery conditions are finally displayed in an order overview.
You also have the opportunity here to correct your personal data. Please click on “edit” at the position you want to edit. With the click you jump into the decisive process step and can change your data. If all items are correct and the Terms and Conditions are accepted by ticking the check box, please click on “buy now” to submit your order.
If you are already a registered customer, you can then log in with your user data. Your data is stored for the next order and can be viewed and edited under Account. As a new customer, you have the option of creating an account.
(3) With your order, you submit an offer to conclude a purchase contract. In the case of delivery of goods, the purchase contract is concluded by sending the ordered article to you. The confirmation of receipt of your order is not an acceptance of your offer. It is only for your information that this order has been received.
(4) Your contract text will be stored by us after the order has been placed. However, this is no longer accessible to the purchaser.
(5) The contract language is German. Even if the text of the contract should be translated into another language, the German text of the contract remains binding.
§ 3 Withdrawal of the consumer, exclusion of withdrawal
(1) As a consumer, you have a right of withdrawal. The conditions and legal consequences of the right of withdrawal arise from the following cancellation policy.
Rght of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last item of goods.
To exercise your right of withdrawal, you must inform us (LAGUSO GmbH, Immenhofer Str. 47, 70180 Stuttgart, Phone: +4971160198076, Fax: +4971164562494, Email: firstname.lastname@example.org) by means of a clear statement (eg Mail, fax or e-mail) about your decision to withdraw this contract. You can use the attached model withdrawal form however, this is not mandatory.
In order to maintain the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal:
If you withdraw from this Agreement, we will refund all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer) without undue delay and at the latest within fourteen days from the date on which the notification of your withdrawal of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for these repayment fees.
You must return the goods immediately and in any event not later than fourteen days from the date on which you inform us of the whithdrawal of this contract to us or our shipping partner Teamfex GmbH, Im Ermlisgrund 2b, 76337 Waldbronn. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of withdrawal notification
(2) The right of withdrawal does not exist according to § 312g BGB as in:
(a) the case of supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to personal needs; and
b) the case of delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery.
§ 4 Prices, terms of payment, retention of title
(1) Unless otherwise agreed, the prices prevailing on the day of conclusion of the contract and contained on our website laguso.com shall apply. Delay occurs 14 days after invoicing.
(2) Payments can basically be made by credit card. LAGUSO reserves the right, depending on the amount of the order value and the creditworthiness of the customer, to exclude certain payment methods in individual cases.
(3) The goods remain our property until full payment. If you are late with the payment for more than 10 days, we have the right to withdraw from the contract and to reclaim the goods.
§ 5 Shipping, delivery and service conditions
(1) The shipping costs may vary depending on the delivery method and the nature of the order. Further information about the amount of shipping costs can be found on the page Shipping costs.
(2) We deliver the goods according to the agreements made with you. The delivery time can be found in detail in the order overview.
§ 6 Warranty
(1) If you are a consumer within the meaning of § 13 BGB, the statutory warranty regulations shall apply.
(2) If you are an entrepreneur within the meaning of § 14 BGB, the following warranty rules shall apply to contracts for the delivery of goods:
(a) In the case of a defect, we provide warranty by supplementary performance. Subsequent performance will be done by us in the form of repair or replacement.
(b) If we are not willing or able to remedy the defect, you may choose to withdraw from the contract or reduce the purchase price. The same applies if the supplementary performance fails, is unreasonable or delays beyond reasonable time limits for reasons for which we are responsible.
(c) Claims for defects lapse within one year from delivery of the goods. This also applies to claims for damages and reimbursement of expenses due to defects except in cases of intentional or grossly negligent breach of duty, breach of warranties or injury to life, limb or health.
§ 7 Liability, compensation and reimbursement of expenses
(1) Without prejudice to the claims under warranty in § 6, we are liable for damages only in accordance with the letters a) to c):
(a) for injury to life, limb, health and / or guarantees and for intentional or grossly negligent damages unlimited;
(b) in cases of product liability under the Product Liability Act;
(c) for the breach of essential contractual obligations due to slight negligence, the resulting liability for damages is limited to the extent of damage that we typically had to expect at the conclusion of the contract based on the circumstances known to us at that time. Material contractual obligations are those fundamental obligations which were decisive for the conclusion of your contract and whose compliance you were entitled to trust;
(2) Otherwise, any liability for damages by us, regardless of the legal grounds, is excluded.
(3) Claims for damages and reimbursement of expenses become statute-barred in twelve months in the cases specified in subsection (1) lit. c). The limitation period begins in accordance with § 199 BGB.
(4) Insofar as our liability is excluded under these provisions, this also applies to the liability of our institutions and vicarious agents and in particular employees.
§ 8 Privacy
(1) We will only collect, process and store all personal data you have provided in accordance with the provisions of German data protection law.
§ 9 Identity of the provider
(1) Provider of this webshop is the
Immenhofer Str. 47
UstId: DE 311 402 856
Register court: Amtsgericht Stuttgart HRB 760349
Managing Directors: Sabine Lang, Kevin Lobo
(2) Complaints may be asserted at the above address.
§ 10 Online dispute resolution platform, participation in the dispute resolution procedure
(1) The European Commission provides an online dispute resolution (ODR) platform. This platform is intended as a point of contact for out-of-court settlement of disputes concerning contractual obligations of online purchase contracts and online service contracts. The platform can be reached at http://ec.europa.eu/consumers/odr/.
(2) We are not obligated to participate in a dispute settlement procedure before a consumer arbitration board and have opted against voluntary participation.
§ 11 Final provisions
(1) German law applies excluding the UN sales law. For you as a consumer, this choice of law applies only to the extent that it does not remove mandatory applicable consumer protection laws of the state in which you, as a consumer, have your habitual residence at the time of your order.
(2) If the purchaser is a merchant, the exclusive place of jurisdiction for all disputes shall be the registered office of LAGUSO GmbH in Stuttgart. However, we are also entitled to sue the purchaser at his general place of jurisdiction.
LAGUSO GmbH, Stuttgart