Terms and conditions of purchase agreements concluded via the webshop

between

Lama HealthCare UG
Kieler Straße 22
D 14532 Stahnsdorf near Berlin

and

the customer named in §1 of the contract (hereinafter referred to as "customer")

will be closed.

 

§ 1 Scope, Definitions

(1) The following General Terms and Conditions, in their version valid at the time of the order, apply exclusively to the business relationship between Lama HealthCare UG (hereinafter "LaMaHC") and the customer (hereinafter "Customer"). Any differing terms and conditions of the Customer are not recognized unless expressly agreed otherwise by LaMaHC. expressly agrees to its validity in writing.

(2) A customer is a consumer insofar as the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or self-employed professional activity.

 

§ 2 Conclusion of Contract

(1) The customer can select products from the LaMaHC range and add them to a shopping cart. By clicking the "Place order" button, they submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can view and change their information at any time. However, the order can only be submitted if the customer accepts these terms and conditions by clicking the "By placing your order, you agree to our terms and conditions and cancellation policy" button, thereby incorporating them into their order.

(2) The LaMaHC LaMaHC then sends the customer an automatic order confirmation by email, which lists the customer's order again and which the customer can print using the "Print" function. The automatic order confirmation merely documents that the customer's order has been received by LaMaHC. The receipt of the offer does not constitute acceptance of the offer. The contract only comes into effect upon LaMaHC issuing a declaration of acceptance. The contract is concluded upon receipt of a separate email (shipping confirmation). In this email, or in a separate email, but at the latest upon delivery of the goods, we will send the customer the contract text (consisting of the order, terms and conditions, and shipping confirmation) on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(3) The contract shall be concluded in German.

 

§ 3 Delivery, product availability

(1) Delivery times stated by us are calculated from the date of our shipping confirmation, provided that the purchase price has been paid in advance (except in the case of payment by invoice). Unless a different delivery time is specified for the respective goods in our online shop, the following applies: It takes 3 working days .

(2) If no copies of the product selected by the customer are available at the time of the order, LaMaHC will inform the customer of this immediately in the shipping confirmation. If the product is permanently unavailable, LaMaHC will refrain from issuing an acceptance of the order. In this case, no contract will be formed.

(3) If the product specified by the customer in the order is only temporarily unavailable, LaMaHC will inform the customer. The customer will also be informed of this immediately in the shipping confirmation.

(4) The following delivery restrictions apply: The LaMaHC delivers only to customers who have their habitual residence (billing address) in Germany and can provide a delivery address in Germany .

§ 4 Retention of Title

The delivered goods remain the property of LaMaHC until full payment has been received.

 

§ 5 Prices and shipping costs

(1) All prices quoted on the LaMaHC website include the applicable statutory value added tax.

(2) The shipping costs amount to 3,- Euro . The LaMaHC delivers to the customer 40,- Free shipping on orders over €100.

(3) Goods are shipped via postal service. LaMaHC bears the shipping risk if the customer is a consumer.

(4) In the event of a cancellation, LaMaHC shall bear the direct costs of returning the goods. A return label is included in the shipping package .

 

§ 6 Payment terms

(1) The customer can make payment via PayPal, direct debit (bank transfer), credit card (Visa, Mastercard), SOFORT transfer, Giropay or Paydirekt.

(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by calendar date, the customer is in default upon missing the deadline. In this case, he owes LaMaHC Default interest of 5 percentage points above the base interest rate is payable for the year.

(3) The customer’s obligation to pay default interest does not preclude LaMaHC from claiming further damages for default.

 

§ 7 Warranty for defects, guarantee

LaMaHC is liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For business customers, the warranty period for goods supplied by LaMaHC is 12 months.

 

§ 8 Liability

(1) The customer's claims for damages are excluded. This exclusion does not apply to claims for damages arising from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), nor to liability for other damages resulting from an intentional or grossly negligent breach of duty by LaMaHC, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, LaMaHC shall only be liable for the foreseeable damage typical for this type of contract if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, body or health.

(3) The limitations set out in paragraphs 1 and 2 shall also apply in favor of the legal representatives and agents of LaMaHC if claims are brought directly against them.

(4) The limitations of liability arising from paragraphs 1 and 2 do not apply if LaMaHC has fraudulently concealed the defect or has assumed a guarantee for the quality of the goods. The same applies if LaMaHC and the customer have reached an agreement regarding the quality of the goods. The provisions of the Product Liability Act remain unaffected.

 

§ 9 Cancellation Policy

(1) Consumers generally have a statutory right of withdrawal when concluding a distance contract, about which LaMaHC provides information below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

 

Cancellation policy

Right of withdrawal

You have the right to withdraw from 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 named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Lama HealthCare UG, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but this is not obligatory.

Return address:

LaMa HealthCare UG
Kieler Straße 22
D 14532 Stahnsdorf near Berlin

Telephone: +49-30-720 200 200
Fax: +49 30-613 090 32
Email: shop@lactolux.com

To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

 

Consequences of the revocation

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our standard, cost-effective option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement.

We may refuse reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over 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 your withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

We will bear the costs of returning the goods.

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

 

(2) The LaMaHC provides information about the model withdrawal form in accordance with the legal regulations as follows:

 

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

To: LaMa HealthCare UG
Kieler Straße 22
D 14532 Stahnsdorf near Berlin

Telephone: +49-30-720 200 200
Fax: +49 30-613 090 32
E-mail: shop@lactolux.com

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 consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notifications on paper)

Date

(*) Delete as appropriate

 

§ 10 Consumer Arbitration Board, Dispute Resolution

We do not participate in dispute resolution proceedings (according to VSBG) before a consumer arbitration board.

The European Commission provides a platform for online dispute resolution. (OS) is available, which you can find at https://ec.europa.eu/consumers/odr/ .

 

§ 11 Final Provisions

(1) Contracts between LaMaHC and its customers are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer, as a consumer, has their habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and LaMaHC shall be the registered office of LaMaHC.

(3) The contract remains binding in its remaining parts even if individual provisions are legally invalid. Where applicable, statutory provisions shall replace the invalid provisions. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.