General Terms and Conditions of Business (TOB) for Purchases in the online shop at lauensteiner.de

 
 

§ 1 General, Scope of Application of the TOB

1.1 All deliveries and services are performed solely and exclusively on the basis of the General Terms and Conditions of Business (hereinafter “TOB”) as most recently revised at the point in time the order is placed. Unless otherwise expressly agreed in writing, deviating terms and conditions of business do not apply.

1.2 Contract partner in the online shop www.lauensteiner.de is the company Lauenstein Confiserie GmbH, Lauensteiner Strasse 41, 96337 Ludwigsstadt, represented by the managing director Thomas Luger, Commercial Register of the Coburg Local Court, HRB 1536, VAT identification number DE132454759 (hereinafter the “seller”).

1.3 Customer within the sense of these Terms and Conditions of Business can be either consumers or entrepreneurs (hereinafter the “customer”). Consumers within the sense of the Terms and Conditions of Business are natural persons who conclude contracts for a purpose which cannot be attributed either to their commercial or professional activities. Entrepreneurs in the sense of the Terms and Conditions of Business are natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or self-employed professional activity when they conclude a contract with the seller.

1.4 Pursuant to Section 9 of the German Act for the Protection of Children and Youth (JuSchG), the sale of alcoholic beverages (e.g. beer, wine and sparkling wine) to children and young people under the age of 16 is prohibited. The minimum age for the sale of spirits is 18. Your placement of an order is simultaneously your confirmation that you are entitled to purchase alcoholic beverages.

When orders include goods containing alcohol, we are obliged by law to undertake an age verification procedure. We do validate age through a verified process, which undertakes a personal identity and age verification. The allocated companies delivering goods may only deliver goods once the verification process was undertaken. They also deliver solely to the customer who placed the order and has been registered.
 

§ 2 Conclusion of the Contract

2.1 The presentation of the products in our online shop represents a binding offer to you to conclude a contract with us. You can accept this offer by placing an order. The contract is deemed concluded upon the submission of your order to us.

2.2 When you have found a product you would like to have, you can view the related details at no obligation by clicking on the product name or picture. Clicking on the button [Put in shopping cart] will place the item in your shopping cart. You can view the content of your shopping cart at any time without obligation by clicking on the link/icon [Shopping cart]. You can remove products from the shopping cart or make changes in its content by clicking on the icons [Remove] and [Update]. If you want to buy the products in the shopping cart, click on the button [Check-out] on the page “Shopping cart”.
During the following steps of the order placement, you will be asked to enter your personal data and to select the type of shipping and payment. When you click on “Review”, you will see an overview of your order data and can once again review all of the information you have entered and correct, delete or modify it. You can also correct errors in your entry by pressing the “Back” button on your browser or by cancelling the order process and starting over. Conclude the purchase by accepting our General Terms and Conditions of Business and clicking on the button [Buy]. This will send your order to us. We will send you an e-mail confirming receipt of your order.
 

§ 3 Saving the Text of the Contract

We save your order and the order data entered with it. We will send you an e-mail confirming your order and subsequently a formal order confirmation containing all of your order data. You will also have the opportunity to print out both the order and the General Terms and Conditions of Business before you send the order to us. Finally, you can at any time view all of the orders you have placed by going to your customer account.
 

§ 4 Consumers’ Revocation Right

Only consumers have the following revocation right:

Legal Instructions Regarding Revocation Right

Revocation Right

You have the right to revoke this contract without giving your reasons within 14 days.

The revocation period of fourteen days begins on the day on which you or a third party you have designated who is not the forwarding agent has accepted or is in possession of the goods.

If you wish to exercise your revocation right, you must notify us (Confiserie Burg Lauenstein GmbH, Lauensteiner Strasse 41, 96337 Ludwigsstadt, Phone: +49 92 63 / 9 45 – 0, Fax: +49 92 63 / 9 45 – 45, E-mail: info @ lauensteiner.de) and submit an unambiguous statement (e.g. a letter sent by post, a fax or an e-mail) expressing your decision to revoke the contract. You may use the attached form for a declaration of revocation, but its use is not mandatory.

You will have been deemed to have exercised your revocation right in good time provided that you dispatch the notification of exercise of the revocation right before expiration of the revocation period.
 

Consequences of Revocation

If and when you revoke this contract, we must reimburse to you any and all payments we have received from you, including delivery costs (with the exception of additional costs we have incurred because you have requested a delivery method deviating from the lowest-price standard delivery method we offer), immediately, i.e. no later than fourteen days after the day on which we have received your notification of the revocation of this contract. We will use the same means of payment for the reimbursement which you used for the original transaction unless otherwise expressly agreed with you; under no circumstances will you be charged any fees for this reimbursement. We may refuse the reimbursement until either we have received the returned goods or you have submitted proof that you have returned the goods, whichever point in time is earlier.

You must return or surrender the goods to us immediately and under no circumstances later than within fourteen days of the day on which you notify us of the revocation of this contract. You will be deemed in compliance with the deadline provided that you have dispatched the good before the expiration of the fourteen-day period. We bear the costs for the return of the goods.

You must pay compensation for any loss of value of the goods solely if and when the loss of value is the consequence of your unnecessary handling of the goods to examine their quality, properties and functions.
 

§ 5 Sample Revocation Form

(If you wish to revoke the contract, please fill out this form and send it to us.)

To

Confiserie Burg Lauenstein GmbH
Lauensteiner Straße 41
96337 Ludwigsstadt
Phone: +49 92 63 / 9 45 – 0
Fax:     +49 92 63 / 9 45 - 45
E-mail: info @ lauensteiner.de

I/We (*) hereby revoke the contract I/we (*) concluded for the purchase

of the following goods (*)/performance of the following service (*).

Ordered on (*)/Received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (required only for notifications submitted in paper form)

Date
(*) Strike through where inapplicable.
 

§ 6 Prices and Shipping Costs

6.1 All prices are shown including value-added tax and excluding shipping costs. We ship the consignments by DHL or another forwarding agent of our choice.

6.2 Your order will be delivered to you free of shipping costs within Germany if it has a value of €50.00 or more.
We charge a minimum quantity surcharge of €5.00 for any orders with a value less than €15.00.

 

§ 7 Terms and Conditions of Delivery

7.1 Unless otherwise specified in the offer, the products will be dispatched within 2 workdays after receipt of payment.

 

§ 8 Terms and Conditions of Payment

8.1 Payment may be made by credit card or payment in advance. We reserve the right to exclude certain payment methods. If payment is made by credit card, your credit card will be charged when the order confirmation is sent to you. If you use PayPal, you will be directed immediately to PayPal from the order process, where you can instruct the payment yourself.

8.2 We retain title of ownership to all of the delivered products until payment has been made in full.

8.3 If and when there is default of payment, default interest in the amount of 5% above the base interest rate will be charged on the purchase price for the duration of the default. We reserve the right to prove a greater loss due to the default and to claim compensation.

 

§ 9 Warranty and Liability

Terms and conditions of warranty are governed by legal statutes.

 

§ 10 Customer Service

Please contact us if you have any questions, complaints or claims. You can reach us by calling +49 92 63 / 9 45 – 0 between 8 am and 5 pm on business days or by sending an e-mail to info@lauensteiner.de.

 

§ 11 Proper Law, Venue

11.1 Proper law of the contact is German law, excluding application of the United Nations Convention on the International Sale of Goods (CISG).

11.2 If the customer has concluded the contract for a purpose which cannot be attributed to professional or commercial activities (consumer), this provision regarding proper law is without prejudice to mandatory legal statutes in the country in which the customer has his/her usual domicile.

11.3 Venue for any and all claims arising from contractual relationship is 96337 Ludwigsstadt, provided that the customer is a merchant, a legal entity under public law or a public-law special fund.

 

§ 12 Miscellaneous

12.1 The contractual language is German.

12.2 If one or more provisions of these GTB are invalid, the contract as a whole remains effective. If and when provisions are invalid, the content of the contract shall be governed in accordance with legal statutes.
 

Stand:

14.11.2017