General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Term and Termination of Subscription Contracts for Goods
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Place of Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution
    

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Laverana Digital GmbH & Co. KG (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this regard.

1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.

1.4 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.5 Depending on the seller's product description, the subject matter of the contract may be either the purchase of goods by way of a single delivery or the purchase of goods by way of ongoing deliveries (hereinafter "subscription contract"). Under a subscription contract, the seller undertakes to deliver the goods owed under the contract to the customer at the contractually agreed intervals for the duration of the agreed contract term.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve as the basis for the submission of a binding offer by the customer.

2.2 The customer may submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding offer to conclude a contract for the goods contained in the shopping basket by clicking the button that completes the ordering process.

2.3 The seller may accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day following the day on which the customer sends the offer and ends at the end of the fifth day following the day on which the offer is sent. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out through the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that completes the ordering process, the customer also issues a payment order to Amazon. In this case, the seller hereby declares acceptance of the customer's offer at the time when the customer initiates the payment transaction by clicking the button that completes the ordering process.

2.6 When ordering via the seller's online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g. email, fax or letter) after the customer has submitted their order. The seller does not make the contract text accessible in any additional manner. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the relevant login details.

2.7 Before submitting the order on a binding basis via the seller's online order form, the customer can identify any possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the ordering process.

2.8 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.

2.9 Order processing is generally carried out automatically by email. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs incurred will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange-rate fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The available payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the payment method “Sofortüberweisung” is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). To pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is then carried out immediately by Klarna and the customer’s bank account is debited. The customer can find more detailed information on the payment method “Sofortüberweisung” online at https://www.klarna.com/sofort/.

4.6 If the customer selects a payment method offered via the “Shopify Payments” payment service, payment processing is carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online shop. Shopify may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately, where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments/de.

4.7 If the customer selects a payment method offered via the “Apple Pay” payment service, payment processing is carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay are communicated to the customer in the seller’s online shop. Apple may use additional payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately, where applicable. Further information on Apple Pay is available online at https://www.apple.com/de/apple-pay/.

4.8 If a payment method offered via the payment service “Google Pay” is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay are communicated to the customer in the seller's online shop. Google may use other payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information on Google Pay is available online at https://pay.google.com/intl/de_de/about/.

4.9 If a payment method offered via the payment service "Mollie" is selected, payment processing shall be carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter: “Mollie”). Mollie may use other payment services to process payments, for which special payment terms may apply and of which the customer may be informed separately. Further information on "Mollie" is available online at https://www.mollie.com/de/.

4.10 If a payment method offered via the payment service “Klarna” is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna's terms and conditions in this regard can be viewed here:
https://www.lavera.de/kundenservice/zahlungsarten

5) Delivery and shipping conditions

5.1 If the seller offers shipment of the goods, delivery shall take place within
of the delivery area specified by the seller to the address specified by the customer
delivery address, unless otherwise agreed. When processing the transaction
the delivery address specified in the seller's order processing shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible,
the customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs of delivery if the customer exercises their
right of revocation is effectively exercised. In the event of an effective exercise
the revocation right exercised by the customer, the information provided in the seller's instructions on revocation
the provision agreed for this purpose.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss of and accidental deterioration to the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss of and accidental deterioration to the goods sold shall generally pass to the customer only upon delivery of the goods to the customer or a person authorized to receive them. By way of derogation, the risk of accidental loss of and accidental deterioration to the goods sold shall also pass to the customer as a consumer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the customer commissions the forwarding agent, carrier or other person or institution designated to carry out the shipment to execute the shipment and the seller has not previously designated this person or institution to the customer.

5.4 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this shall apply only if the failure to deliver is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, the customer shall be informed without delay and the consideration shall be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers shall be provided to the customer as follows:
- by download
- by email

6) Contract term and termination of contracts for the subscription of goods

6.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected of the terminating party.

6.2 Termination may be effected in writing, in text form (e.g. by email) or electronically via the termination facility (termination button) provided by the seller on its website.

7) Retention of title

If the seller makes advance performance, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

8) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

8.1 If the customer acts as an entrepreneur,
- the seller shall have the choice of the type of subsequent performance;
- in the case of new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
- in the case of used goods, claims based on defects shall be excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 The above-regulated limitations of liability and reductions of time limits shall not apply
- for the customer's claims for damages and reimbursement of expenses,
- if the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.

8.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.4 If the customer acts as a commercial trader within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and inform the seller thereof. Failure to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

9) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tort claims, as follows:

9.1 The seller shall have unlimited liability on any legal basis
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- based on mandatory liability, such as under the German Product Liability Act.

9.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:
If the seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations which, according to the content of the contract, the contract imposes on the seller in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on compliance with which the customer may regularly rely. In all other respects, the seller's liability is excluded unless it has unlimited liability pursuant to the preceding clause.

9.3 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and statutory representatives.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online shop and only during the specified period.

10.2 Promotional vouchers may only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.4 Promotional vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.5 Only one promotional voucher may be redeemed per order.

10.6 If the promotional voucher relates to a specific value rather than a percentage price reduction, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the difference.

10.8 The balance of a promotional voucher will neither be paid out in cash nor bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher pursuant to their statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may discharge its obligation by making payment to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller knows, or is grossly negligently unaware, that the respective holder is not entitled to redeem the voucher, lacks legal capacity, or lacks authority to act as a representative.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") may only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

11.2 Gift vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

11.3 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.

11.4 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

11.5 The balance of a gift voucher shall neither be paid out in cash nor bear interest.

11.6 The gift voucher is transferable. The Seller may discharge its obligation by making payment to the respective holder who redeems the gift voucher in the Seller's online shop. This shall not apply if the Seller is aware, or is grossly negligently unaware, that the respective holder is not entitled to redeem it, lacks legal capacity or lacks authority to represent the holder.

12) Applicable law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

13) Place of jurisdiction

If the Customer acts as a commercial enterprise, a legal entity under public law or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activities. However, in the aforementioned cases, the Seller shall in all cases also be entitled to bring an action before the court at the Customer's registered office.

14) Code of conduct

The Seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at https://business.trustedshops.de/quality-criteria-de.

15) Alternative dispute resolution

The Seller has agreed to comply with the Trusted Shops quality criteria, which can be viewed online at https://business.trustedshops.de/quality-criteria-de.