Allgemeine Geschäftsbedingungen
General Terms and Conditions
1. Introduction
The following terms and conditions apply to all transactions between us, the LANIUS GmbH (hereinafter referred to as “LANIUS”) and the end consumer (hereinafter referred to as “customer”) and regulate the use of our website and the purchase of goods from our online shop. Our offer in our online shop is addressed exclusively to end consumer.
Your order will be executed by us based on our terms and conditions according to the valid version at the time of placing the order. For the entire business relationship apply only our terms and conditions. You should carefully read this before you use our online shop. By using our online shop or placing an order, you agree to our terms and conditions. If you do not agree to the terms, you unfortunately cannot use our online shop.
You can always view the latest version of the terms and conditions on our website www.lanius.com under the heading Terms and Conditions. You can print and save them by downloading the document as a PDF and save them directly on your computer. For this purpose you need Adobe Reader, which is available under www.adobe.de for free download.
The German language is business and contract language.
For all businesses that operate abroad, exclusively the following conditions apply as well.
The right to register is any person with unlimited legal capacity who is a legal person. Minors may not register.
2. Our Data
Our online shop under the domain www.lanius.com is operated by:
LANIUS GmbH (represented by the managing director Claudia Lanius)
Rolandstrasse 63
50677 Cologne
Tel. +49 (0) 2 21 - 80 111 84 - 0
Fax +49 (0) 2 21 - 80 111 84 - 15
E-Mail: shop@lanius.com
Register court: local court Köln, HRB 57889
In the event of a contract, the contract shall be concluded with LANIUS GmbH.
3. Your personal Data and registration
To simplify the use of our online shop, LANIUS offers the opportunity to register for a customer account. By creating a customer account and saving your data you do not need to fill in all your data for every order. These are stored in the customer database of LANIUS GmbH and automatically inserted into the new order. You can log in easily with your username and password and must not enter all details again.
For your registration as a customer LANIUS requires the following information:
- Surname
- First name
- Address
- Date of birth
- Any alternative delivery address
- A valid email address – your email address is automatically also your username.
- Afterwards you have to specify a password (at least 5 characters). You may change this password and your personal data in "my account" after you have logged in.
Please keep your personal login information confidential. It is obligated to protect your personal log in data against unauthorized access by third parties and not share it with any third party. For unauthorized abuse of your log in data you shall be responsible as a customer.
The information and personal data that you provide to us will be processed in consideration and in accordance with the applicable data protection provisions. The privacy statement of the LANIUS online shop can be viewed under “privacy policy” on our website at any time for you.
By clicking the "sign up now" button in the LANIUS online shop, this information is stored in the customer database of LANIUS. You assure that all information provided by you is up-to-date, correct and complete.
Should we have reason to believe that data or orders are false or fraudulent, LANIUS reserves the right to cancel the order, refuse and cancel your registration, to delete the account after a reasonable time and to inform the responsible authorities where appropriate.
After your registration LANIUS will send an automatic confirmation by e-mail that your account has been created.
You have the option to delete your account any time. Please read our Privacy Statement regarding the storage of data.
Of course you also have the opportunity to use our online shop as a guest without creating an account.
4. CONCLUSION OF CONTRACT AND THE ORDERING PROCESS
Our LANIUS online shop website www.lanius.com and the offered products represent no legally firm offer but a non-binding online catalogue. It is a non-binding invitation to you to make an offer concluding a sales contract for the presented goods. By ordering the desired goods, you place a binding offer. Slight color variations of the items displayed in the online shop are due to technical reasons.
The ordering process in our online store involves four steps:
- Please select the desired product and put it into the virtual shopping cart.
- Enter your customer data, including billing address and if applicable a different delivery address.
- Select a payment method.
- Now you have the possibility to review all the entered data once again (name, address, payment method, delivery address, ordered items, sizes and price) to check and correct if necessary before pressing the "buy now" button. By pressing “buy now” you submit the binding offer for purchasing the items in the shopping cart. Before submitting the order, you can always view and modify your data once again by clicking "shopping cart", "address " and "payment".
After submitting your order, you will receive an e-mail with the summary of your placed order. This e-mail is an automatic acknowledgment of receipt of your order. Since it is an automatic e-mail, this shall not constitute acceptance of the offer. It only serves as documentation of the receipt of your order by LANIUS.
Even when ordering by phone, email or fax, you place a binding offer.
LANIUS is entitled but not obliged to accept your contract offer within 14 calendar days of receipt of the offer by LANIUS. If your offer days will not be accepted within 14 calendar days, it can be regarded as rejected.
The contract shall only be sent to you by sending a written order confirmation by e-mail, which is identical to our shipping confirmation and is concluded at the latest with the delivery of the goods.
5. DELIVERY AND PRODUCT AVAILABILITY
In our shop there are delivery restrictions with regard to the countries to which we deliver, point 7. Shipping.
LANIUS delivers the goods in stock within 1-5 working days to your specified delivery address with the shipping company DHL GoGreen in Germany.
In this case, the deadline for the delivery begins in the event of payment in advance on the day after payment order to the bank commissioned with the transfer and for all other forms of payment the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or legal holiday at the place of delivery, the deadline shall end on the next working day.
The risk of the accidental loss and the accidental deterioration of the goods sold is transferred to the buyer only when the goods are delivered to the buyer.
When shipping the available items within Europe, the delivery time increases depending on the place of delivery on up to 14 business days.
If delivery is impaired by force majeure, the delivery time is extended accordingly. We will inform you about this.
As soon as the goods have been handed over to DHL GoGreen, you will receive a dispatch message, which contains a link to the shipment tracking. The DHL tracking number allows you to check the status of your order at any time.
If you order articles that are temporarily or permanently unavailable in whole or in part, we will also inform you in a separate e-mail.
A contract for unavailable goods does not come about.
6. Prices
The specified currency is EUR. All prices quoted on the LANIUS website are including the current value added tax. Possible postage and shipping costs will be listed in the chapter below. (7. Shipping costs).
7. SHIPPING COSTS
Within Germany
All orders within the Federal Republic of Germany are free of charge.
Within Europe, to the UK and Ireland, and to Switzerland:
For shipments within the EU and to Switzerland we charge EUR 11,95 per order.
The freight charges shall be in Switzerland EUR 11,95 (netto EUR 10,04). Please note that the order value for Switzerland is limited to a maximum amount of € 1,000.00 net per order.
LANIUS informs you about the accruing shipping costs in the order form. The shipment of the goods takes place by the LANIUS GmbH.
Please note that for orders with delivery countries outside the EU, possible additional costs such as customs duties and taxes must be covered by the buyer.
8. PAYMENT METHODS
You have the option of payment in advance, online bank transfer, PayPal or credit card / debit card.
If your place of residence is outside Germany, the payment is only possible in advance, PayPal and credit card.
- If you pay in advance, you must transfer the invoice amount within 7 days to the account indicated in the order confirmation by our payment provider Unzer (Unzer GmbH). Please indicate your order/order number. If the amount does not arrive within 7 days on the specified account, we can withdraw from the contract. The indicated delivery times are valid from the date of receipt of our account.
- In the case of payment via Sofortüberweisung, we are revocably authorized to collect the invoice amount from your specified account. If the amount is not settled due to a lack of accountability or incorrect information in the bank account, or if you dispute the debiting, although you are not entitled to do so, and you are responsible for this, you have to pay the costs and fees for the repayment. Your account will be charged before shipping.
- For payments with PayPal, they will be forwarded directly to PayPal at the end of the order process. If you are already a PayPal customer, you can quickly and securely make the payment after logging into your PayPal account. Without an already existing PayPal account, you can log in as a guest or open a PayPal account and then confirm the payment.
- When paying by credit card / debit card, you will be forwarded to HeidelPay (Heidelberger Payment GmbH) via a secure connection to the input mask of the customer during the ordering process. Your credit card account will be debited immediately after completion of the payment process. All entries and checks are made and stored by the payment provider.
All payments must be made without deduction to LANIUS GmbH. As soon as we are able to freely dispose of the amount, the payment is deemed to have been made.
Please note that discount and coupon codes cannot be combined nore considered and credited in retrospect. Discount and coupon codes and their value cannot be paid out.
9. RETENTION OF TITLE
The delivered goods remain in our ownership until we receive full payment of the purchase price. In case of a seizure of the goods or other interventions by a third party you shall inform us in written form immediately. The third party must be advised of the retention of title of LANIUS GmbH.
10. Copyrights
Our products, images, designs, logos and motifs that we sell or use are protected by copyright. Use, publication and duplication is only permitted with our express written consent.
11. Withdrawal
You as a consumer have a legal right of revocation. We would like to inform you about the scope of the right of revocation.
Revocation instructions
You have the right to revoke this contract within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate who is not the carrier who has or has taken possession of the goods. Should there be a contract for the delivery of a product in several partitions or pieces on the day on which you or a third party you designate who is not the carrier, the last part or the last piece, has or has possessed.
To exercise your right of revocation, you must contact us
Lanius GmbH
Rolandstrasse 65
50677 Cologne
Germany
Phone: +49 (0) 221- 801118480
Fax: +49 (0) 221- 801118415
E-mail: shop@lanius.com
By means of a clear statement (for example, a letter, fax or e-mail sent by mail) about your decision to revoke this contract.
You can use the enclosed template revocation form, but this is not required. You can download and save it on our homepage at www.lanius.com under Revocation.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Template Revocation Form
To:
LANIUS GmbH
Rolandstrasse 65
50677 Cologne
Germany
Phone: +49 (0)221- 801118480
Fax: +49 (0)221- 801118415
E-Mail: shop@lanius.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: ___________________ (*) /Recieved on: _______________________(*)
Name of consumer(s) __________________________________________
Adress(es) of consumer(s)
Date Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate
12. Consequences of withdrawal
If you revoke the contract, we return you every payments that we received, including the delivery costs (except for the additional costs due to another way of delivery chosen by you other than our offered, favourable standard delivery), immediately and latest within 14 days starting from the day we received your declaration of revocation of contract.
The consumer bears the costs of returning the goods.
For the repayment we use the same payment method you have used for your original transaction, except we explicitly agreed otherwise; in no case we will charge a fee for the repayment.
We may refuse the repayment, until we receive the goods back or the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
You have to return or hand over the goods immediately and in any event not later than 14 days from the date on which you inform us about the cancellation of this contract. The deadline is met if you send off the goods before expiration of the 14 days deadline.
You shall only be liable for diminished value of goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.
End of revocation instructions
13. Exchange
Unfortunately, an exchange is not possible. Please return the item to us and reorder the item.
14. Returns
For returns within Germany, we will provide you with a free DHL shipping label. For returns from abroad we cannot provide a DHL return label. Please understand that the direct costs of returning goods from abroad are to be borne by the customer.
In the event of a return, you can now conveniently access our paperless online returns portal.
Returns:
ONLINE RETURN PORTAL - DETAILED INSTRUCTIONS
Log in
Click HERE or use the link you received with your order confirmation and following status emails to access the returns portal. Simply log in with your email address and order number.
Select article and reason
After logging in, you will be shown all the items in the corresponding order. Simply select the desired item(s) and the reason for return and help us to continuously optimize our products and service.
Do you have any further comments, suggestions or criticism regarding your order? A comment field gives you the opportunity to inform us about it.
Register return
Now you can send your return registration and you will receive, if you return the goods within Germany, your addressed and postpaid DHL label for immediate download and as an e-mail. You can print this out yourself or have it printed out directly at your DHL location or at a DHL packing station using QR codes.
We cannot provide a DHL return label for returns from abroad. Please understand that the direct cost of returning goods from abroad is the responsibility of the customer and arrange for an insured return.
Pack and ship the item(s)
Now all you need to do is pack and ship the unworn item(s), conveniently use a DHL store near you. HERE you can find the nearest DHL store.
RETURN FROM FOREIGN COUNTRIES
Register the return online as described above. Please then arrange for a registered return so that your package can be tracked via a tracking number in the event of loss and keep the shipping receipt for tracking purposes.
Clearly mark the package as RETURN. This is especially important in case of customs clearance! Packages that are not properly marked may be detained by customs and incur further processing charges. Collection from customs or payment of the costs incurred as a result cannot be covered by LANIUS.
The address for return shipments from abroad is:
OneWorldLogistics GmbH
LANIUS Online Shop Returns
Ettore-Bugatti-Strasse 39 - 41
51149 Cologne
Germany
15. WARRANTY
You have the right of warranty for defects of the goods purchased pursuant by the statutory provisions of. The guarantee is granted in accordance with statutory regulations, §§ 437ff (German Civil Code).
Minor, technically unavoidable or customary deviations of the quality, color, width, weight, shape, equipment or design of samples are not a defect. You are not obliged to prove that these deviations are significant for you.
All warranty claims expire, you should have altered the goods or otherwise invaded the goods or you prove that you were not responsible for the intervention or the change for the defect.
16. Care
Please refer to the wash instructions on the labels of our articles. In the event that care instructions are not followed correctly, changes have been made to the products and treated with care products which we have discouraged or which have been expressly declared unsuitable, there is no guarantee.
17. protection of your personal data
The protection of your personal data which you communicate with Lanius when using our online shops is very important to us. We transfer the data via an HTTPS connection, which is an additional security layer used by the browser to transfer data from your site to the server. This SSL encryption is used to ensure the confidentiality of the communication.
We adhere strictly to data protection. You agree to the storage, processing and use of the data provided by your order according to the provisions of the Federal Data Protection Act for the processing of your order.
Your order and address data are used for the purposes of order processing, also for the transfer of the data to the participating partners (Heidelberger Payment GmbH) and shipping partners (DHL GoGreen).
The exact data protection regulations can be found here.
18. LIABILITY
Claims for damages are excluded. This excludes claims for damages resulting from injury to life, limb, health or from the violation of essential contractual obligations, as well as liability for other damages arising from intentional or grossly negligent breach of duty by LANIUS GmbH, legal representatives or vicarious agents.
19. FINAL PROVISIONS
The contract and all changes to the contract requre the written form. The law of the Federal Republic of Germany applies to the exclusion of the UN purchase law. The place of jurisdiction is the domicile of LANIUS GmbH, Cologne.
The court of jurisdiction is the domicile of LANIUS GmbH, Cologne, insofar as the customer is a merchant, a legal person of public law or a public special fund.