Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Lamiano, info@lamiano.com, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 The subject of the contract are products offered in our online shop.
Incorrect Address: It is the buyer's responsibility to ensure that the delivery address provided is correct. Errors can occur, for example if your computer uses autofill and automatically adds a different address. Therefore, we ask that you notify us immediately if you believe the address is inaccurate in any way, so that we can correct it before fulfillment.
Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but rather serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer's offer within two business days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the close of the second business day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "PayPal Express," payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the Customer selects "PayPal Express" as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer simultaneously issues a payment order to PayPal. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is saved by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer has placed the order, together with these GTC. However, the contract text can no longer be accessed by the Customer via the Seller's website after the order has been placed.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.
Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may apply are separately indicated in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and are to be borne by the Customer. These include, for example, costs for money transfers by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers even if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.
4.4 When paying via a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. The provider remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, withdrawal declarations and shipments, or credits, even when credit card payment is selected as the payment method.
Delivery and Shipping Terms
5.1 Goods are delivered by shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. By way of derogation, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.
5.3 Self-collection is not possible for logistical reasons.
Contract Duration and Termination for Subscription Contracts
Retention of Title
If the Seller makes an advance delivery, the Seller retains ownership of the delivered goods until the full purchase price owed has been paid.
Liability for Defects (Warranty)
6.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
6.2 By way of derogation, the following applies to used goods: Claims for defects are excluded if the defect only appears after 30 days from delivery of the goods. Defects that appear within this period from delivery of the goods can be asserted within the statutory limitation period.
6.3 The Customer is requested to report delivered goods with obvious transport damage to the delivery agent and to notify the Seller accordingly. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
7.1 Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
Alternative Dispute Resolution
8.1 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.
8.2 The Seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.