General terms and conditions
1. Basic Provisions
1.1 The following terms and conditions apply to all contracts that you conclude with us as a supplier (Lamyshop GmbH) via the website www.lamyshop.com/. Unless otherwise agreed, the inclusion of your own terms and conditions, if applicable, is contradicted.
1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
2. Conclusion of the contract
2.1 The subject of the contract is the sale of goods.
2.2 As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the item description.
2.3 The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data will then be displayed again on the order overview page. If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be taken to the website of the provider of the instant payment system forwarded. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be directed back to the order overview page in our online shop. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "Buy" button, you declare legally binding acceptance of the offer, which brings about the contract. here to check all the information again, to change (also via the "back" function of the internet browser) or to cancel the purchase. By submitting the order using the "Buy" button, you declare legally binding acceptance of the offer, which brings about the contract. here to check all the information again, to change (also via the "back" function of the internet browser) or to cancel the purchase. By submitting the order using the "Buy" button, you declare legally binding acceptance of the offer, which brings about the contract.
2.4 Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
2.5 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
3. Individually designed goods
3.1 You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.
3.2 You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of legal representation required in this context.
3.3 We do not check the transmitted data for correctness and we do not assume any liability for errors.
4. Special agreements on the payment methods offered
Credit check If we make advance payments, e.g. for payment on account or direct debit, your data will be sent to Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss. We reserve the right to refuse the payment method on account or direct debit as a result of the credit check.
5. Right of Retention, Retention of Title
5.1 You can only exercise a right of retention if it concerns claims from the same contractual relationship.
5.2 The goods remain our property until the purchase price has been paid in full.
5.3 If you are an entrepreneur, the following also applies:
- We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.
- You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.
- If the reserved goods are combined and mixed, we acquire joint ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
6.1 The statutory warranty rights apply.
6.2 As a consumer, you are requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.
6.3 If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
- Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
- In the event of defects, we guarantee, at our option, either repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else arises, in particular from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided the shipment does not correspond to the intended use of the goods.
- The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
for culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
as far as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
in the case of things that have been used for a building in accordance with their normal use and have caused its defectiveness;
in the case of legal recourse claims that you have against us in connection with warranty rights.
7. Choice of law, place of performance, place of jurisdiction
7.1 German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
7.2 The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
7.3 The provisions of the UN Sales Convention expressly do not apply.
1. Information on the formation of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions
2. Contract language, contract text storage
2.1 The contract language is German.
2.2 The full text of the contract will not be saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance sales contracts and the general terms and conditions will be sent to you again by email.
2.3 In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
3. Codes of Conduct
3.1 We have submitted to the buyer's seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at:
3.2 We have submitted to the Trusted Shops GmbH code of honor, which can be viewed at:
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Terms of delivery
5.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
5.2 As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise appointed to carry out the shipment.
6. Statutory warranty rights
The liability for defects is based on the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund specializing in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at:www.haendlerbund.de/agb-service