GENERAL TERMS AND CONDITIONS FOR SALES ON THE LAIAS-ORGANIC.COM WEBSITE.
We have briefly summarized the main points for you below:
- The Consumer must pay the price and any other amounts due under the Agreement in advance. The Consumer can make digital payment by credit card or by bank transfer. If no (deviating) delivery time is specified for the respective goods on the Webshop, the expected delivery time will be 3 working days.
- Shipping within Germany is free when the order value exceeds €50 EUR and shipping towards the Netherlands is free when the order value exceeds €75 EUR. If the order value does not exceed these amounts, flat DHL rate shipping costs apply.
- The Consumer has the right to return their purchases within 14 days without the need to provide any reason. In order to exercise the right to return the products, the Consumer must notify the Seller of their decision to withdraw from the contract through a clear declaration. If the Consumer decides to return the purchases, the Seller must repay all payments that they have received from the Consumer. The Consumer will however be responsible for the direct costs of returning the goods. The Seller will repay the Consumer without delay and at the latest within 14 calendar days from the moment on which the Seller receives the returned Products. The returned products should be undamaged and, if possible, should be returned in their original packaging. If the original packaging is no longer in the buyer’s possession, other suitable packaging should be used to ensure sufficient protection against potential damages in transit.
In diesen Allgemeinen Geschäftsbedingungen werden die folgenden Definitionen für die in Großbuchstaben geschriebenen Begriffe verwendet:
Terms & Conditions: General Terms and Conditions
Consumer: A natural person who purchases products or services for purposes outside their commercial or independent professional activities.
Seller: Laia's Proteinhanf GmbH, Wühlischstraße 56, 10245 Berlin, Tel. (+49) 173 675 56 78, registered in the Commercial Register of the District Court of Charlottenburg (Berlin) 155164, represented by the Managing Director Sebastian Kamphorst, VAT Identification No. DE2570 39165.
Contract: The agreement for purchase, sale and delivery concluded between a Consumer and Laia’s Proteinhanf GmbH.
Product/Products: The goods Laia’s offers for sale on its website.
Webshop: The online sales channel of Laia’s Proteinhanf GmbH - https://laias-organic.de/en/shop/
2. Scope of application
1) The following General Terms and Conditions apply exclusively to the business relationship between the Seller and the Consumer in the version valid at the time of the order. Deviating General Terms and Conditions of the Consumer are not recognised unless the Seller expressly agrees to their validity in writing.
2) These General Terms and Conditions apply to all Contracts between the Seller and the Consumer via the online Webshop. Contracts concluded between the Seller and Consumers who are not consumers via sales channels other than those mentioned in this paragraph are not covered. Separate GTCs shall apply in these situations.
3. Conclusion in contract
1) The Consumer can select products from the Seller's Webshop and collect them in a so-called shopping cart by clicking the button "add to shopping cart". By clicking on the button "order subject to payment", the Consumer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the Consumer can change and view the data at any time. However, the application can only be submitted and transmitted if the Consumer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
2) The Seller then sends the Consumer an automatic confirmation of receipt by e-mail, in which the Consumer's order is listed again and which the Consumer can print out using the "Print" function. The automatic receipt merely documents that the Seller has received the Consumer's order and does not constitute acceptance of the application. The Contract is not concluded until the Seller issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the Contract (consisting of the order, the GTC and the order confirmation) will be sent to the Consumer on a durable medium (e-mail or paper printout). The Contract text will be stored in compliance with data protection laws. Reference is made to our data protection declaration.
3) The Contract shall be concluded in German or English.
The Consumer must pay the price and any other amounts due under the Agreement in advance. The Consumer can make digital payment by credit card or by bank transfer. The payment method stored in his user account can be changed at any time.
5. Prices and shipping costs
1) The prices of all Products that can be ordered on the Webshop are inclusive of the applicable statutory value added tax.
2) The corresponding shipping costs are indicated to the Consumer on the order form and are to be paid by the Consumer unless the Consumer exercises his right of withdrawal. Shipping within Germany is free when the order value exceeds €50 EUR and shipping towards the Netherlands is free when the order value exceeds €75 EUR. If the order value does not exceed these amounts, flat DHL rate shipping costs apply.
3) The Products will be sent via postal service. If the customer is a Consumer, the Seller will bear the shipping risk.
4) In the event of a cancellation, the Consumer is responsible for the direct costs of returning the Products.
6. Delivery and availability of the goods
1) Delivery times stated on the Website are calculated from the time of the order confirmation, subject to prior payment of the purchase price. If no (deviating) delivery time is specified for the respective goods on the Webshop, the expected delivery time will be 3 working days.
2) If, at the time of the Consumer's order, the ordered Product is not available in whole or in part, the Seller will inform the Consumer of this immediately. If the Product is permanently unavailable, the Seller will refrain from issuing a declaration of acceptance. In this case, a Contract is not concluded.
3) If a Product ordered by Consumer is only temporarily unavailable, the Seller will also inform the Consumer of this without delay.
4) The Seller can only deliver to Consumers who have their habitual residence (billing address) in either Germany or the Netherlands and can provide a delivery address in one of these countries.
7. Warranty for material defects
The Seller is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. An additional warranty exists for the Products delivered by the seller only if this was expressly given in the order confirmation for the respective item.
1) Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of material contractual obligations, the Seller will only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence.
2) Other claims of the customer for damages are excluded. These include claims for damages by the Consumer arising from injury to life, limb or health or claims from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the Seller, his legal representatives or vicarious agent.
3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the Seller if claims are asserted directly against them.
4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the Seller and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
9. Right of withdrawal and repayment
1) The Consumer has the right to return their purchases within 14 days without the need to provide any reason. The 14-day withdrawal period begins on the day the Consumer, or a third party designated by the Consumer, takes possession of the Product(s). Days mean calendar days and include weekends and public holidays. In order to exercise the right to return the products, the Consumer must notify the Seller of their decision to withdraw from the contract through a clear declaration. This declaration can be sent via:
Post: Laia’s Proteinhanf GmbH, Wühlischstrasse 56, 10245 Berlin.
Fax: (+49) 173 675 5678
The Consumer is welcome to use the model withdrawal form for this purpose, however this is not required.
(1) Example withdrawal form:
If you wish to return your product(s), please complete and return this form:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
(2) If the Consumer decides to return the purchases, the Seller must repay all payments that they have received from the Consumer. This includes the delivery costs, with the exception of the additional costs resulting from the fact that the Consumer has chosen a type of delivery other than the cheapest standard delivery offered by the Seller. The Consumer will however be responsible for the direct costs of returning the goods. The Seller will repay the Consumer without delay and at the latest within 14 calendar days from the moment on which the Seller receives the returned Products. For this repayment, the Seller will use the same means of payment that the Consumer used for the original transaction, unless expressly agreed otherwise with the Consumer; in no case will the Consumer be charged for this repayment.
(3) The returned products should be undamaged and, if possible, should be returned in their original packaging. If the original packaging is no longer in the buyer’s possession, other suitable packaging should be used to ensure sufficient protection against potential damages in transit. The Consumer will need to pay for any loss of value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition properties and functioning of the goods.
10. Final provisions
1) Contracts between the Seller and the Consumer are governed by the laws of the Federal Republic of Germany. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
2) The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The invalid points shall be replaced by the statutory provisions, if any. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.