Terms and Conditions

1. Scope of application:

The following General Terms and Conditions of Business and Delivery apply to all contracts, deliveries, and other services, as well as to future contract conclusions. We hereby expressly object to any provisions deviating from those of our contractual partners. All ancillary agreements require written confirmation. This also applies to any amendment of this written-form requirement itself.


2. Offer and conclusion of the contract:

Our offers are subject to change and non-binding. Minor deviations between the goods ordered and our illustrations or descriptions are possible, especially since some of our goods are not manufactured industrially and, if you wish, are sewn according to your individual specifications.

Before submitting your order, the order status for your order, “Place order with obligation to pay,” allows you to review all details (e.g., name, address, payment method, and ordered items) again and amend them if necessary. However, as soon as you click “Place order with obligation to pay,” you submit a binding, paid offer to lavendels. This offer is accepted by sending our confirmation by email.


3. Delivery and payment:

Delivery is made against advance payment (bank transfer, Klarna Sofort, or PayPal). We reserve the right to make a partial delivery, in which case the flat-rate shipping charge will be payable only once. Special shipping methods requested by our customers will be charged at the surcharge applicable at the place of shipment. We ship with Deutsche Post AG. The flat-rate shipping charge within Germany is € 2.19, € 3.90, or € 5.99, depending on the weight and size of the goods ordered. We reserve the right to charge increased shipping costs for orders weighing more than 4 kg.

Shipping costs for international orders are displayed during the ordering process before the order is submitted. For countries not listed on the order form, shipping costs will be determined upon consultation. For parcels weighing more than 4 kg shipped outside Germany, we reserve the right to increase the stated shipping costs.

Payments must be made within 10 days of concluding the contract. From the second reminder onward, expenses of € 3.00 per reminder are payable as a flat-rate charge.


4. Delivery time:

All information regarding delivery times is non-binding. Goods that are in stock will be dispatched no later than within 7 working days after receipt of payment. As our items are [sic], longer delivery times may occasionally occur. We are not liable for delivery delays arising solely from the supplier's sphere, nor for failure to meet delivery and performance deadlines in cases of force majeure, industrial action, or other circumstances beyond our control. In this case, the period will be extended appropriately. If the delivery deadline is not met for reasons other than those stated above, the buyer is entitled to withdraw from the contract under the statutory conditions. If delivery results from the fabric manufacturers' or another of our suppliers' failure to deliver or non-delivery, both we and the buyer may withdraw from the contract if delivery cannot take place even two months after conclusion of the contract. Claims for damages due to delay or impossible delivery are excluded unless the customer can prove that we acted with gross negligence or intent.


5. Right of cancellation:

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the last goods. However, the period does not begin until the purchase contract has become binding on you through your approval of the purchased item.

To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form for this purpose, but this is not mandatory. The cancellation must be sent to:


lavendels
Wessel & Werner GbR
13 Kreuzstraße
80331 Munich

Email: info@lavendels.de

To meet the cancellation period, it is sufficient to send the notification of exercising the right of cancellation before the cancellation period expires.

Consequences of cancellation

If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement. We may withhold reimbursement 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 the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.
You shall bear the costs of returning the goods.

The goods must be returned to: lavendels GbR, Kreuzstr.13, 80331 Munich

You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that was not necessary to examine their condition, properties and functionality.

Exclusion/expiry of the right of withdrawal:

Pursuant to Section 312g (2) of the German Civil Code, among others, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer's personal needs. The above right of withdrawal also does not apply to orders placed by businesses within the meaning of Section 14 of the German Civil Code.

End of the withdrawal policy

Model withdrawal form

(If you wish to revoke the contract, please complete this form and send it back.)

— lavendels GbR, Kreuzstr. 13, 80331 Munich, email: info@lavendels.de

— 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 the consumer(s) (only for notification on paper)

— Date


_______________
(*) Please delete as applicable



6. Warranty:


Your warranty rights are governed by the general statutory provisions unless otherwise specified below. The warranty shall lapse if you modify the delivered goods.

As part of our warranty, we have the right to make two attempts at rectification and, where applicable, to replace the item at our own discretion. If our rectification or subsequent performance by replacing the goods fails, you as the customer retain the rights provided by law (withdrawal, reduction, damages).

The limitation period for warranty claims for you as a customer is 2 years for consumers. The limitation period is 1 year vis-à-vis entrepreneurs. The above reduction of the limitation period does not apply to claims for damages by the customer arising from a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract; for example, the provider must hand over the item to the customer free of material and legal defects and transfer ownership of it. The above reduction of the limitation periods likewise does not apply to claims for damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Vis-à-vis entrepreneurs, the right of recourse under § 478 BGB is also excluded from the reduction of the limitation periods.


7. Retention of title:

The goods remain our property until payment has been made in full.


8. Information on recorded data:

We would like to point out that statistical programs are used on our pages which record times and IP addresses and the data associated with them. All personal data is generally treated confidentially in accordance with data protection legislation.



9. Electronic communication:

You agree that contract-related communication may take place in electronic form and therefore does not require written form, unless mandatory statutory provisions require another form of communication.


10. Disclaimer for external links:

Lavendels GbR refers on its pages by means of links to other websites on the Internet. The following applies to all these links: Lavendels GbR expressly declares that it has no influence whatsoever on the design or content of the linked pages. We therefore expressly distance ourselves from all content on all third-party linked pages on http://www.lavendels.de and do not adopt this content as our own. This declaration applies to all displayed links and to all content on the pages to which the links lead.


11. Image rights:

All image rights are held by Lavendels GbR. Use without express permission is not permitted.


12. Contract language/Storage of the order text:

The contract shall be concluded in German. We do not store the order text, and it can no longer be retrieved after the ordering process has been completed. However, you can print out your order data immediately after submitting your order.


13. Information pursuant to the German Packaging Ordinance:

Under the provisions of the German Packaging Ordinance, we are required to take back packaging for recycling or disposal if it does not bear the symbol of a nationwide disposal system (e.g., the "Green Dot" of DSD AG).

For further clarification regarding how such products can be returned, please contact us:

lavendels GbR, Kreuzstraße 13, 80331 Munich, email: info@lavendels.de

We will then provide you with the details of a municipal collection point or waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you may send the packaging to us (Lavendels GbR, Kreuzstr. 13, 80331 Munich). We will reuse the packaging or dispose of it in accordance with the provisions of the German Packaging Ordinance.


14. Miscellaneous:

This contract and all legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of performance and jurisdiction:

For merchants and legal entities, the place of jurisdiction is Munich or, at our discretion, the registered office of our customer. German law shall apply exclusively.

Severability clause

Should any individual provision of our General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In the event of partial invalidity, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. This shall also apply to any regulatory gaps.