§ 1. Basic provisions
The following terms and conditions apply to all contracts between
Langer und Chen GmbH, Wittelsbacherstraße 3, 82319 Starnberg , Germany (hereinafter referred to as the provider or “LangerChen”)
and
the customer (hereinafter referred to as "customer"),
which are concluded via the provider's website langerchen.com. Unless otherwise agreed, the inclusion of the customer's own terms and conditions is hereby excluded.
b) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
c) The contract language is German. The contract text is not stored by the provider and is no longer accessible to the customer after the order has been submitted. The customer can print the contract text using the browser's print function or save it electronically before submitting the order.
The order details and the general terms and conditions will be sent to the customer independently by email.
§ 2. Subject matter of the contract
The subject of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on the provider's website.
§ 3. Conclusion of the contract
(1) The product presentations of the provider on the Internet do not constitute a binding offer to conclude a contract, but an invitation to place an order (customer offer). When purchasing via the online order form, the goods intended for purchase are placed in the "shopping cart." The customer can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering personal information as well as the payment and shipping conditions, all order details are displayed again on the order overview page.
Before submitting the order, the customer has the opportunity to review all information again, change it (also via the "back" function of the Internet browser), or cancel the purchase. By submitting the order via the corresponding button, the customer submits a binding offer to the provider. The customer will first receive an automatic email confirming the receipt of their order, which does not yet lead to the conclusion of a contract.
(2) Acceptance of the offer (and thus conclusion of the contract) takes place in any case by confirmation in text form (e.g. email), in which the customer is confirmed that the order has been processed or the goods have been delivered, or by sending the goods.
If the customer has not received an order confirmation or notification of delivery or no goods within 5 days, they are no longer bound to their order. Any services already provided will be refunded immediately.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email.
The customer must therefore ensure that the email address he has provided to the provider is correct, that the receipt of emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.Langer und Chen GmbH does not accept orders from customers under 18.
§ 4. Presentation on the website
The colors of the products shown on the website may vary slightly for technical reasons.
§ 5. Shipping/Shipping Conditions
Unless otherwise agreed, all products will be shipped to the shipping address provided by the customer. Delivery will be made within 3 to 4 business days, as agreed in the contract.
§ 6. Prices/Shipping costs
The prices and shipping costs listed in the respective offers represent final prices. They include all price components, including all applicable taxes.
If the delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer. These fees are not payable to the provider, but rather to the relevant customs or tax authorities there. Customers are advised to check with the customs or tax authorities for details before placing an order.
The applicable shipping costs are not included in the purchase price. They can be found on the "Shipping" page, are listed separately during the ordering process, and are to be borne by the customer in addition, unless free shipping has been promised.
The customer receives an invoice with VAT shown.
SALE RETURNS: For returns of discounted products, shipping costs will not be refunded.
§ 7. Payment and shipping conditions
(1) The terms and conditions for payment and shipping can be found under the "Shipping" button in the navigation.
(2) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
(3) If, contrary to expectations, a product ordered by the customer is not available for reasons beyond the control of the provider despite the timely conclusion of an adequate hedging transaction, the customer will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(4) For consumers, the law stipulates that the risk of accidental loss and accidental deterioration of the goods sold during shipment shall only pass to the customer upon delivery of the goods to the customer, regardless of whether the shipment is insured or uninsured.
§ 8. Right of retention, retention of title
(1) The customer may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain the property of the seller until the purchase price (including shipping costs or any delivery costs incurred) has been paid in full.
(3) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.
(4) If the customer defaults on any payment obligations to us, all outstanding claims shall become due immediately.
§ 9. Warranty
(1) The statutory provisions shall apply.
(2) As a consumer, the customer is requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to report any complaints to the provider and the carrier as soon as possible. Failure by the customer to do so will not affect the statutory warranty claims.
§ 10. Liability
(1) The provider shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee for the quality of the purchased item, in the case of damages under the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the provider's liability for slight negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential obligations arising from the nature of the contract, the violation of which would jeopardize the achievement of the contractual purpose, as well as obligations that the contract imposes on the provider to achieve the contractual purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.
(3) In the event of a breach of non-essential contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.
(4) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The provider is therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 11. Choice of law, place of performance, place of jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
The place of performance for all services arising from the business relationship with the provider as well as the place of jurisdiction is the registered office of the provider, provided that the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law.
§ 12. Information on online dispute resolution
The EU Commission provides an internet platform for online dispute resolution (the "ODR platform"). The ODR platform is intended to serve as a central point of contact for consumers and businesses to resolve disputes arising from online legal transactions out of court. The following link leads to the ODR platform:
http://ec.europa.eu/consumers/odrEmail address: hello@langerchen.com
§ 13 . Cancellation policy
The right of withdrawal applies exclusively to consumers according to Section 13 of the German Civil Code (BGB).
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, please use our digital returns portal:
To the returns portal
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will refund all payments we have received from you, less the cost of return shipping, immediately and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. The customer bears the costs 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 of the goods which is not necessary to check their quality, properties and functioning.
REASONS FOR EXCLUSION OR EXPIRY OF THE RIGHT OF WITHDRAWAL
The right of withdrawal only applies to items that have not been customized or modified. The right of withdrawal expires for personalized products.