General terms and conditions of LAMA, Sole proprietorship (Einzelunternehmen) of Daniela Roa Lagos
1. General
1.1 Customers within the meaning of these general terms and conditions can be both consumers and entrepreneurs.
1.2 Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership that is endowed with the ability to acquire rights and enter into liabilities.
1.3 A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2. Offer, conclusion of contract
2.1 The products and services listed by the seller in the online shop do not represent binding offers on the seller; it is rather a request to the customer to submit a binding offer by placing an order.
2.2 The customer can submit the offer using the online order form integrated in the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by email.
2.3 The purchase contract is concluded with the express acceptance of the order in text form or the delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer’s contract offer within five working days of receipt of the order.
3. Prices, shipping costs
3.1 All prices are final prices according to small business regulation under German tax law (§ 19 I UStG) no VAT will be charged. In addition to purchase price we charge for packaging and shipping, which can be found in the respective offer.
3.2 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
3.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
4. Retention of title
The goods delivered by the seller remain his property until they have been paid for in full.
5. Means of payment, delivery, delivery restrictions, shipping costs
Transfer of risk
5.1 There are various payment methods available to customers, which are specified on the respective offer page of the seller.
5.2 If prepayment is agreed, payment is due immediately after the conclusion of the contract.
5.3 If the customer chooses a payment method offered by PayPal, the payment is processed via the online payment service PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ” PayPal “), subject to the PayPal terms of use, which you can view under the following domain: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have PayPal Account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5.4 If the customer chooses “PayPal invoice” as the payment method, the seller assigns his payment claim against the customer to PayPal as part of an ongoing factoring contract. Before accepting the seller’s declaration of assignment, PayPal carries out a credit check using the customer data provided. In the event of a negative credit check result, the seller reserves the right to refuse the customer the “PayPal invoice” payment method. If PayPal allows the payment method “PayPal invoice”, the customer must pay the invoice amount to PayPal within 14 days of receipt of the goods. Due to the assignment of claims, the customer can only make payments with debt-discharging effect to PayPal.https://www.paypal.com/de/webapps/mpp/ua/pui-terms . The seller remains responsible for general customer inquiries (e.g. about the article, shipping time, complaints, etc.) even in the case of the assignment of claims.
5.5 Delivery takes place at the shipping costs shown in the item description. We point out any delivery restrictions if they exist.
5.6 If the customer is a consumer, the seller bears the shipping risk regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by the seller to the contracted logistics partner.
6. Cancellation policy
If you are an entrepreneur (see section 1.2 of our terms and conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed) applies:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving a reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must contact us by means of a clear declaration (e.g. a letter sent by post, telephone or e-mail) of your decision to withdraw from this contract.
Daniela Roa Lagos
Großbeerenstraße 63A
10963 Berlin
E-mail: hola@lamaleathergoods.com
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
7. Notes
7.1 Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly based on the personal needs of the consumer are tailored, contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded, contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and their current ones Value depends on fluctuations in the market over which the entrepreneur has no influence, contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
The right of withdrawal expires prematurely, unless the parties have agreed otherwise, for the following contracts:
Contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature, contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
7.2 Please avoid damaging and contaminating the goods. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
7.3 Please note that the aforementioned section 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.
8. Compensation for value upon revocation
In the event of a revocation of the contract, the customer has to pay compensation for a loss in value of the goods, in deviation from Section 346 (2) No. 3 BGB, if the loss in value is due to handling of the goods in order to check the quality, properties and functionality of the goods was not necessary, and we have informed the customer of his right of withdrawal in accordance with Article 246a § 1 Paragraph 2 Clause 1 Number 1 of the Introductory Act to the Civil Code.
9. Right to liability
9.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
9.2 The following applies to used goods: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the shortening of the liability period to one year does not apply
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses by the customer, and
– in the event that the seller denies the Has fraudulently concealed the defect.
9.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
10. Consumer information in distance contracts for the purchase of goods
10.1 The seller is not subject to any special codes of conduct not mentioned above.
10.2 The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions in the context of the internet offer. The language available for the conclusion of the contract is German and English.
10.3 Complaints and warranty claims can be submitted to the address given in the provider identification. Information on payment, delivery or fulfilment can be found in the offer.
10.4 In the online shop, first put the selected goods in the shopping cart. Once you have selected all the items you want, you can go to the checkout or go directly to PayPal.
10.4.1 Go to the checkout
If you choose the option “Checkout”, the order processing will be as follows: First you have to enter your contact details. You can then choose the shipping and payment method you want until you can finally place your order by clicking on the “buy now” button. Until then, you have the opportunity to recognize your entries, to check them and, if necessary, to correct them after pressing the “Back” button of your browser on the previous page or to cancel the order process by leaving the page.
10.4.2 Directly to PayPal
If you choose the option “Direct to PayPal”, the order processing is as follows: If you already have a PayPal account, you can log in by entering your email address and password. Otherwise you have to create a PayPal account first. If you are logged in, you can, if necessary, change your delivery address and select the bank details with which you would like to pay. By clicking on the “Next” button, you will be taken to the “Check order” page of our order process. In the last step, you can place your order by clicking on the “buy now” button. Until then, you have the opportunity to recognize your entries, check them and, if necessary,
10.5 The seller does not save the contract text after the contract is concluded and the seller does not make the contract text available to the customer himself. However, after the conclusion of the contract, we will send the customer an order confirmation with all the details to the e-mail address you provided, in which you will again be informed of all the essential data of your order, our terms and conditions, your cancellation policy. You have the option of printing out both the general terms and conditions and your order with all the data entered during the ordering process. The print function of your browser also gives you the option of printing out the text of the contract. You can also save the text of the contract by clicking the right mouse button to save the website on your computer.
11. Final provisions
11.1 The law of the Federal Republic of Germany applies to the contractual relationship between the seller and the customer and to the respective terms and conditions. If the customer is a consumer, the existing statutory regulations and rights in favor of the consumer under the law of the country of residence of the customer remain unaffected by this agreement. The application of UN sales law is excluded.
11.2 If the aforementioned provisions have not become part of the contract in whole or in part or are ineffective, the rest of the contract shall remain effective. If the provisions have not become part of the contract or are ineffective, the content of the contract is based on the statutory provisions.
12. Information for consumers on out-of-court dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts, in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
