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Conditions of Use
Content
Section 1 - Scope of the terms and conditions1. The terms and conditions below apply to all deliveries, services and offers made Landig + Lava GmbH & Co. KG (hereinafter referred to as the Lava Company) supplied via this online shop on a contractual basis. We hereby declare that purchaser’s acknowledgements referring to the purchaser’s own terms and conditions will not be recognised. Any divergences from our own terms and conditions are valid only if they are confirmed by us in writing
Section 2 - Offer and contract1. All offers are subject to change. All information on this website is given without guarantee. We reserve the right to make technical changes, and are not liable for any typos or errors. All items are without decoration.
Section 3 - Notice of revocation1. Right of revocation You can send your notice of revocation within 1 month, without giving any reasons, in text form (e.g. by letter, fax or email) or if you have received the goods before the period of notice has expired – also by returning the goods. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver (in the case of recurring deliveries of goods of the same kind, not before the first part delivery has been received) and also not before we have performed our duty to provide information in accordance with Article 246 Section 2 combined with Section 1 paragraphs 1 and 2 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB ) and our duties in accordance with Section 312g paragraph 1 sentence 1 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) combined with Article 246 Section 3 EGBGB.
Landig + Lava GmbH & Co. KG Tel. 0049 7581 9043-0
2. Consequences of revocation In the case of a valid revocation, goods and payments mutually received and any performance received or emoluments taken (e.g. interest) are to be compensated for. If you cannot return to us the goods and payments received or compensate for performance (e.g. for use and employment) or can return or compensate for these only in part or in a deteriorated condition, you must compensate us accordingly for loss of value. You need only compensate us for the deterioration of goods received and for emoluments taken to the extent that the emoluments or deterioration are caused by treating the goods in a manner that exceeds testing the qualities and manner of function of the goods. "Testing the qualities and manner of function" is understood to cover the testing and trying out of the goods in question as would be possible and customary in a retail store. Items shippable by parcel are to be returned at our risk. You are obliged to bear the regular costs of return shipment if the goods delivered correspond to the goods ordered and if the price of the goods returned does not exceed 40 euros or if, in the case of a higher price for the goods, you had not at the time of revocation rendered consideration or made a contractually agreed part payment. In all other cases, the return shipment is free of charge. Items that cannot be shipped by parcel will be collected from your premises. All reimbursement obligations must be fulfilled within 30 days. The period of notice will begin for you with the dispatch of your revocation statement or of the goods, and for us with the receipt of these.
3. Important information on the return or collection of goods We (Landig + Lava GmbH & Co. KG) would be very pleased to collect goods from you. After receiving your notification by email at verkauf@la-va.com, by phone +49 7581 9043-0 or by fax on +49 7581 9043-100, we will collect the goods from you with our shipping partner DHL, unless another corresponding arrangement has been made.
4. Exclusions and special information There is no right to revocation for the delivery of goods made to customer specifications or clearly customised for personal requirements, or for goods that due to their properties are not suitable for return shipment or can decay quickly or whose use-by date has been exceeded.
End of notice of revocation
Section 4 - Delivery period1. The deadlines and delivery periods set by us for the products are binding, unless otherwise agreed in writing.
Section - 5 Prices1. Without log-in: Prices are gross prices in euros, including the German current valid VAT of 19 %, charged ex warehouse or works, including packaging unless other arrangements have been expressly agreed. The 19 % VAT is shown separately on invoicing.
Section 6 - Payment1.Payment in the Lava online shop is possible by cash on delivery, Paypal, payment in advance, credit card or on account. Cash on delivery is only possible for shipments within Germany. We reserve the right to accept or exclude certain types of payment in individual cases. Please note that for orders abroad payment on account is not possible.
Section 7 - Reservation of property1. All items supplied by us remain the property of the Lava Company until full payment has been made.
Section 8 - Guarantee1. The purchaser has the right to demand subsequent improvement if parts of the delivery are unusable or greatly limited in their function due to defects in material or fabrication.
Section 9 - Compensation1. If the purchaser, for whatever reason, does not accept the goods or does not fulfil his obligation to co-operate by stating dimensions, choosing the fittings or the colour, the Lava Company is entitled to withdraw from the contract and demand compensation to the amount of 40 % on grounds of non-performance.
Section 10 - Transfer of risk1.Risk is transferred to the purchaser as soon as the shipment has been handed over to the transporting carrier. If shipment should prove to be impossible through no fault of the vendor, risk will be transferred to the vendor when the goods are ready for dispatch.
Section 11 - Acceptance of goods/transport damage1. In his own interests the purchaser must, on delivery of the goods, inspect the packaging for transport damage and unpack the goods in the presence of the deliverer. The purchaser should also check whether the appliances have been transported in the right position (marked on the packaging).
Section 12 - Limitation of liability1. Payment of compensation based on impossibility of performance, positive violation of contractual duty arising from culpa in contrahendo and from liability in tort is limited, with reference to the vendor and his auxiliary persons, to deliberate or grossly negligent actions. Liability for consequential damage, of whatever kind, is excluded.
Section 13 - Place of jurisdiction/partial nullity1. All disputes arising from this legal relationship are subject to the law of the Federal Republic of Germany. The United Nations Convention for the International Sale of Goods does not apply. The sole place of jurisdiction for all disputes, including note and cheque receivables, shall be Bad Saulgau (Germany), the head office of Lava. Bad Saulgau, 25.11.2019 | Landig + Lava GmbH & Co. KG | Mackstraße 90 | D - 88348 Bad Saulgau | Germany | Tel. 0049 - 7581 - 9043-0 | Fax: 0049 - 7581 - 9043-100
Section 14 - Information about online dispute resolutionThe EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
Data protectionWe are delighted by your interest in our home page and our company. Despite careful monitoring of content, we cannot accept any liability for external links to extraneous content. The protection of your personal data collected, processed and used in connection with your visit to our home page is very important to us. Your data are protected according to statutory provisions. Below, you can find information about which data are recorded during your visit to our home page and how these are used:
1. Collection and processing of dataEvery access to our home page and every call-up of one of the files stored on the home page is recorded. This storage is for internal system-related and statistical purposes. The following are registered: name of the file called up, date and time of call-up, quantity of data transferred, notification of successful call-up, web browser and requesting domain. In addition, the IP addresses of the requesting computers are registered. Further personal data are recorded only if you provide this information freely, for example as part of an inquiry or registration.
2. Use and passing on of personal dataInsofar as you have made personal data available to us, we use these only to answer your inquiries, to process agreements we have made with you and for technical administration. Address and order data are also collected for our own marketing and advertising purposes. Your personal data will only be passed on to third parties or transferred in any other way if this is necessary for the purposes of processing our agreement – in particular, in passing on order data to suppliers if it is required for accounting purposes or you have agreed beforehand. You have the right to revoke any agreement you have given with effect for the future. The personal data stored will be deleted if you revoke your agreement to their storage, when knowledge of these data is no longer required to pursue the purpose for which they have been stored, or when their storage proves to be inadmissible for other legal reasons. Note: You can countermand the use, processing and transfer of your personal data for marketing and advertising purposes informally at any time by letter to Lava Vakuumverpackung, Manfred Landig, Valentinstr. 35-1, D-88348 Bad Saulgau, or by email to verkauf@la-va.com. This does not, however, apply to the data required for processing your order. Once we have received your objection, we shall no longer use, process or transfer the data concerned for any purpose other than the processing of your order.
3. Use of cookiesWe employ cookies – little files with configuration information. They help us to determine and realise specialised user functions. We do not record any personal data through cookies. All the website functions can also be used without cookies, but some user-defined properties and settings are then not available.
4. Google AnalyticsThis website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable the analysis of your use of a website. The information created by the cookie about your use of this website (including your IP address) is transferred to a Google server in the US and stored there. Google will use this information to evaluate the use of the website, to put together reports on website activity for website operators and to provide further services in connection with website and internet use. Google may also pass this information on to third parties, to the extent that this is legally required or insofar as third parties are processing these data under contract from Google. In no case will Google link your IP address with other Google data. You can prevent the installation of cookies by activating the corresponding setting in your browser software; however, we have to point out that in such a case you may not be able to use all the functions of this website to their full extent. By using this website, you agree to the processing of your data collected by Google in the manner described above and for the purpose stated above.
5. Right to informationYou have the right to information at any time regarding your stored personal data, their origin and the receiver as well as the purpose of data processing. The webmaster will provide information about the stored data.
6. FacebookOur website also includes directions (links) to the external social network Facebook. This Internet presence is run exclusively by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The links are identified within our website by the Facebook logo or the addition “like” (no Facebook plug-ins are used).
Security note:We make every effort to store your personal data, using all the technical and organisational options, in such a way that they cannot be accessed by third parties. In email communications, we are unable to guarantee full data security, so we recommend that you send confidential information by post. |
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