1. Scope:
The following General Terms and Conditions of Business and Delivery apply to all contracts, deliveries, and other services and also to future contract conclusions. We hereby expressly object to any deviating provisions of our contractual partners. All side agreements require written confirmation. This also applies to any amendment of this written form itself.
2. Offer and conclusion of the contract:
Our offers are non-binding and without obligation. Small deviations of the ordered goods compared to our illustrations or descriptions are possible, especially since our goods are partly not industrially manufactured and, if you wish, are sewn according to your individual specifications.
Before submitting your order, you will have the opportunity in the order status "Order with obligation to pay" to review and, if necessary, change all details (e.g., name, address, payment method, and ordered items). However, as soon as you click "Order with obligation to pay," you make a binding, payable offer to lavendels. Acceptance of this offer occurs by sending our confirmation via email.
3. Delivery and payment:
Delivery is made against prepayment (bank transfer, Klarna-Sofort, or Paypal). We reserve the right to make partial deliveries, whereby the shipping flat rate is charged only once. Special shipping methods requested by our customers will be charged with the surcharge required at the shipping location. We ship with Deutsche Post AG. The shipping flat rate within Germany is € 2.19, € 3.90, or € 5.99 depending on the weight and size of the ordered goods. We reserve the right to charge increased shipping costs for orders exceeding a weight of 4 kg.
Shipping costs for international orders are displayed during the ordering process before submitting the order. Shipping costs for countries not listed in the order form are arranged after consultation. For packages weighing over 4 kg outside Germany, we reserve the right to increase the stated shipping costs.
Payments must be made within 10 days after the conclusion of the contract. From the 2nd reminder onwards, expenses of a flat rate of € 3.00 per reminder are owed.
4. Delivery time:
All information regarding delivery times is non-binding. Goods that are in stock will be shipped no later than 7 working days after receipt of payment. Since our items are, occasionally longer delivery times may occur. We are not liable for delivery delays that arise solely from the supplier's sphere, nor for failure to meet delivery and performance deadlines due to force majeure, labor disputes, or other circumstances beyond our control. In such cases, the deadline will be extended appropriately. If the delivery deadline is not met for reasons other than those mentioned above, the buyer is entitled to withdraw from the contract under the legal conditions. If the delivery results from incorrect or non-delivery by the fabric manufacturers or another of our suppliers, both we and the buyer may withdraw from the contract if delivery cannot be made even two months after the contract conclusion. Claims for damages due to delay or impossible delivery are excluded unless the customer can prove grossly negligent or intentional behavior on our part.
5. Right of Withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, takes possession of the last goods. However, the period does not begin before the purchase contract becomes binding for you through your approval of the purchased item.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory. The withdrawal should be addressed to:
lavendels
Wessel & Werner GbR
Kreuzstraße 13
80331 Munich
E-Mail: info@lavendels.de
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund you all payments received from you, including delivery costs (except for the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. We will use the same payment method that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this refund. We may withhold the refund until we have received the goods back or you have provided proof that you have sent the goods back, whichever is earlier.
You must return the goods to us immediately and in any case no later than fourteen days from the day on which you inform us about the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the costs of returning the goods.
The goods are to 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 due to handling them in a way that was not necessary to examine their condition, properties, and functioning.
Exclusion/Expiration of the Right of Withdrawal:
A right of withdrawal does not exist according to § 312g para. 2 BGB, among others, for contracts for the delivery of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. For orders from companies within the meaning of § 14 BGB, the above right of withdrawal also does not apply.
End of the revocation instruction
Sample revocation form
(If you want to revoke the contract, please fill out 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 communication on paper)
— Date
_______________
(*) Please delete if not applicable
6. Warranty:
Your warranty rights are governed by the general statutory provisions unless otherwise specified below. The warranty expires if you alter the delivered goods.
Within the scope of our warranty, we have a double right to remedy, possibly also replacement of the item at our own discretion. If our remedy or subsequent performance by replacement of the goods fails, you as a customer retain the rights under the statutory provisions (withdrawal, reduction, damages).
The limitation period for warranty claims for you as a customer is 2 years for consumers. For entrepreneurs, the limitation period is 1 year. The above shortening of the limitation period does not apply to claims for damages by the customer due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract, e.g., the provider must deliver the item to the customer free of material and legal defects and transfer ownership of it. The above shortening of the limitation periods also does not apply to claims for damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. For entrepreneurs, the recourse claim according to § 478 BGB is also excluded from the shortening of the limitation periods.
7. Retention of title:
The goods remain our property until full payment is made.
8. Note on recorded data:
We would like to inform you that statistical programs are used on our pages that record times and IP addresses and related data. All personal data is generally treated confidentially in accordance with data protection law.
9. Electronic communication:
You agree that contract-related communication can take place electronically and therefore does not require written form, unless mandatory legal provisions require a different form of communication.
10. Disclaimer of liability for external links:
Lavendels GbR refers on its pages to other pages on the Internet with links. For all these links, Lavendels GbR expressly declares that it has no influence on the design and content of the linked pages. Therefore, we hereby expressly distance ourselves from all content of all linked third-party pages on http://www.lavendels.de and do not adopt this content as our own. This declaration applies to all displayed links and all content of the pages to which the links lead.
11. Image rights:
All image rights are held by Lavendels GbR. Use without express consent is not permitted.
12. Contract language/Storage of the order text:
The contract is concluded in German. The order text is not stored by us and cannot be retrieved after the order process is completed. However, you can print your order data immediately after submitting the order.
13. Notes according to the Packaging Ordinance:
We are obliged under the provisions of the Packaging Ordinance to take back packaging for recycling or disposal if it does not bear the mark of a system for comprehensive disposal (e.g., "Green Dot" of DSD AG).
For further clarification regarding the method of return for such products, please contact us:
lavendels GbR, Kreuzstraße 13, 80331 Munich, email: info@lavendels.de
We will then provide you with a municipal collection point or a disposal company in your area that accepts the packaging free of charge. If this is not possible, you have the option to send the packaging to us (Lavendels GbR, Kreuzstr. 13, 80331 Munich). The packaging will be reused by us or disposed of in accordance with the provisions of the Packaging Ordinance.
14. Miscellaneous:
This contract and the entire legal relationship between the parties are subject to the law of the Federal Republic of Germany excluding the UN Sales Convention (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. Exclusively German law applies.
Severability Clause
Should individual provisions of our General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In the case of partial invalidity, the invalid provision shall be replaced by a valid one that comes closest to the economic purpose of the invalid provision. This also applies to any regulatory gaps.