GENERAL TERMS AND CONDITIONS
General Terms and Conditions with Customer Information of LAWÉ GmbH
1. Scope
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Right of withdrawal
9. Warranty for material defects and guarantee
10. Liability
11. Storage of the contract text
12. Collaboration with influencers
13. Taking pictures and videos at the seller's events
14. Final provisions
1. Scope
1.1. The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between LAWÉ GmbH, Emil-Andresen-Strasse 105, 22529 Hamburg (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”).
1.2. A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed predominantly to their commercial or independent professional activity, Section 13 of the German Civil Code (BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction, Section 14 of the German Civil Code (BGB).
1.3. Individual contractual agreements take precedence over these General Terms and Conditions. Differing, conflicting or supplementary terms and conditions of the customer will not be recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Descriptions of services in catalogues and on the seller's websites do not constitute a representation or guarantee.
2.2 All offers are valid "while stocks last" unless otherwise stated for the products. Otherwise, errors remain reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to cart" button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart using the "Checkout" button. The customer can choose whether to log into their existing customer account to place the order, or whether to create a new customer account for the order or to shop as a guest.
3.2. By clicking on the 'Pay now' or 'Pay with Paypal' button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser's 'back' function to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the shipment to the customer within 2 days with a second email, express order confirmation or sending of the invoice. Acceptance can also be made by a payment request addressed to the customer by the seller and at the latest by completing the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
3.5. In the event of conclusion of the contract, the contract is concluded with LAWÉ GmbH, Emil-Andresen-Strasse 105 in 22529 Hamburg.
3.6. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If payment is not received by the seller within 10 calendar days of the order confirmation being sent, even after a further request, despite being due, the seller will withdraw from the contract, with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without any further consequences. The item is therefore reserved for a maximum of 10 calendar days when paying in advance.
4. Prices and shipping costs
4.1. The prices shown in the online shop at the time of the order apply. All prices stated on the seller's website include the applicable statutory sales tax and other price components and exclude any delivery/shipping costs.
4.2. Shipping costs are included in sales prices of 50 euros and above and are therefore not charged separately to the buyer. Orders with a value of less than 50 euros will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1 If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer's fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Delivery is only possible within the EU. Unless otherwise stated in the offer, shipping is carried out with DHL GoGreen in Germany and with GLS abroad. The delivery time is 3-7 days, unless otherwise stated in the offer.
5.5 Without prejudice to the statutory warranty for material defects (see below), the risk of accidental loss and accidental deterioration of the goods passes to the consumer when the purchased item is handed over to the consumer. This also applies to sales by dispatch if the buyer has commissioned the forwarding agent, the carrier or another person or institution designated to carry out the dispatch and we have not previously named this person or institution to the buyer.
5.6. In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, the carrier or the other person or institution designated to carry out the shipment; the delivery dates and deadlines specified are not fixed dates, unless otherwise agreed and agreed.
5.7. The seller is not responsible for delays in delivery and performance due to force majeure and unforeseeable events that make delivery significantly more difficult or impossible for the seller, even if binding deadlines and dates have been agreed. In this case, the seller is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and are neither the responsibility of the customer nor the seller. During the duration of this hindrance, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by written declaration after a reasonable deadline set by him or after mutual consultation with the seller.
5.8. We ask that you report obvious material or manufacturing defects in delivered goods directly to us or to the employee of the carrier who delivers the goods. Failure to make this complaint does not affect the consumer's legal claims. The entrepreneur must report obvious defects in the goods immediately, but no later than within 7 days, in writing with a return slip. The deadline begins upon receipt of the goods. To meet the deadline, it is sufficient to send the notification of defects in a timely manner. If the entrepreneur fails to comply with the obligation to report defects, the goods are deemed to have been approved with regard to the defect.
6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods on a separate information page.
6.2. If third parties are commissioned to process payments, e.g. Paypal, Klarna, etc., their general terms and conditions apply.
6.3. If the due date for payment is determined according to the calendar, the customer will be in default simply by missing the deadline. In this case, the customer must pay the statutory default interest.
6.4 The Customer’s obligation to pay default interest does not exclude the Seller from claiming further damages caused by default.
6.5. The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
6.6. When paying by direct debit, the customer may be required to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrect bank details provided by the customer.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made. The following also applies to customers who are entrepreneurs: The seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full. The buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. Before ownership has been transferred, pledging, transferring ownership by way of security, processing or alteration is not permitted without the consent of the seller. Access by third parties to goods owned or co-owned by the seller must be reported immediately by the customer. The customer shall bear the costs of a third-party objection action or costs for an out-of-court release arising from such interventions. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns in full to the seller as security any claims arising from resale or other legal grounds relating to the reserved goods (including all balance claims from current accounts). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all of the seller's outstanding claims from the business relationship by more than 10% (or more than 50% if there is a risk of realization). The selection of the securities to be released is the responsibility of the seller. When all of the seller's claims from delivery transactions have been settled, ownership of the reserved goods and the assigned claims are transferred to the buyer. The selection of the securities to be released is the responsibility of the seller.
8. Right of withdrawal
Consumers have a right of withdrawal of fourteen days. Consumers within the meaning of Section 13 of the German Civil Code (BGB) and the terms and conditions of this online shop are natural persons with whom the seller enters into business relations without this being predominantly attributable to a commercial or independent professional activity.
cancellation policy
You have the right to cancel 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 other than the carrier designated by you took possession of the last goods. To exercise your right of cancellation, you must inform the seller (LAWÉ GmbH, Emil-Andresen-Strasse 105, 22529 Hamburg, telephone: 01705560700, 017623225283, email: hello@lawebeauty.com) of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email). You can use the attached sample cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, the seller must refund all payments that he has received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which the seller received notification of your cancellation of this contract. For this refund, the seller will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. The seller may refuse to refund until the seller has received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier. You must return or hand over the goods to the seller promptly and in any event no later than fourteen days from the date on which you notify the seller of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling that is not necessary to check the quality, properties and functioning of the goods. The right of cancellation is completely excluded if goods that have been specially sealed for hygienic or copyright reasons are put into use in accordance with Section 312g Paragraph 2 No. 3 and No. 6 of the German Civil Code (BGB) if the seal has been removed by the consumer.
sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.) – LAWÉ GmbH, Emil-Andresen-Strasse 105, 22529 Hamburg Telephone: 01705560700, 017623225283, Email: hello@lawebeauty.com
– I/we (*) hereby revoke the contract concluded by me/us (*) for the
Purchase of the following goods (*)/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 if notification is on paper)
- Date
(*) Delete as appropriate.
9. Warranty for material defects and guarantee
9.1 The warranty (liability for defects) is determined according to statutory provisions, subject to the following regulations.
9.2. The seller does not generally provide a guarantee. A guarantee only exists for the goods delivered by the seller if this has been expressly given. Customers are informed of the guarantee conditions before initiating the order process.
9.3 If the customer is an entrepreneur, he must inspect the goods without delay, without prejudice to statutory obligations to give notice of defects, and report any identifiable defects to the supplier in writing without delay, at the latest within two weeks of delivery, and any non-identifiable defects without delay, at the latest within two weeks of discovery. Customary, permissible or minor deviations in quality, weight, size, thickness, width, equipment, pattern and color are not defects.
9.4 If the Customer is an entrepreneur, the Seller shall choose between repairing or replacing defective goods.
9.5 Without prejudice to the liability provisions of these General Terms and Conditions, material defects generally expire one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are mandatory by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty for customers who are entrepreneurs is excluded. 9.6 If the customer who is an entrepreneur has installed the defective item in accordance with Section 439 Paragraph 3 of the German Civil Code in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for removing the defective item and installing or attaching the repaired or delivered defect-free item as part of the subsequent performance. Accordingly, the Seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item in the context of recourse by the Customer within the framework of the supply chain (i.e. between the Customer and its customers).
10. Liability
10.1. The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, without prejudice to any other statutory requirements for claims.
10.2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
10.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5. To the extent that the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. Storage of the contract text
11.1 The Customer can print out the contract text before submitting the order to the Seller by using the print function of his browser in the last step of the order.
11.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than when the goods are delivered, the customer also receives a copy of the general terms and conditions along with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your placed orders in your profile area. We also save the contract text, but do not make it available on the Internet.
11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing or by reference to an online source
12. Collaboration with influencers
12.1. Posts, photos and videos from cooperation partners and/or influencers about the seller's products, who have received them at a discount or for free, may be used by the seller to promote its products on the seller's social media appearances, the seller's website, in print advertising and other possible marketing appearances of the seller. The seller may share the contributions of the cooperation partner and/or influencer on the Internet. To this end, the cooperation partner and/or influencer grants the seller a simple license to use the recordings he/she has created.
12.2. The cooperation partner/influencer remains the sole owner of the rights to his/her contributions and his/her brand.
13. Taking pictures and videos at the seller's events
13.1 The Seller creates or has third parties create photographs and video recordings at the Seller’s events.
13.2 Participants in the Seller’s events agree to the taking of pictures or videos in which the participants can be recognized.
13.3. Participants in the seller's events agree to the use of these recordings by the seller on its social media appearances, its website, in print advertising and other possible marketing appearances of the seller. 13.4. Participants can revoke their consent to the seller at any time without giving reasons for the future, but not for the past. The seller's contact details that can be used for this purpose can be found in the imprint.
14. Final provisions
14.1. If the buyer is an entrepreneur, the place of performance is the seller's registered office, subject to other agreements or mandatory legal provisions, while the place of jurisdiction is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the buyer has no general place of jurisdiction in the seller's country of residence. The seller reserves the right to choose another permissible place of jurisdiction.
14.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, as long as there are no mandatory statutory provisions to the contrary. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
14.3. The contract language is German.
14.4. Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/ . We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14.5. Should individual clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining clauses. The relevant statutory provisions shall apply in place of the invalid provisions. This shall also apply in the event of a regulatory gap.