Terms and Condition of LENOX GmbH & Co KG

General terms and conditions (GTC) and customer information

(The following terms also include legal information on your rights under the provisions of e-commerce and home deliveries.)

1. Area of validity
2. Offers and descriptions of services and products
3. Ordering and contract completion
4. Prices and shipping costs
5. Delivery, product availability
6. Payment terms
7. Retention of title
8. Warranty for defects and warranty
9. Liability
10. Withdrawal
11. Storage of contract details
12. Privacy policy
13. Online Dispute Platform
14. Jurisdiction, applicable law, contractual language

 

1. Area of validity

1.1. For the business relationship between LENOX GmbH & Co KG, Managing Director: Dirk Ahlers, Theodorstr. 42-90 House 4, 22761 Hamburg (hereinafter “Seller”) and the customer (hereinafter “Customer”) only the following terms and conditions are applicable, valid at the time the order is placed.
1.2. You can contact our customer service for questions and complaints on weekdays from 10:00 clock until 17:00 clock under the telephone number +49 (0) 40 897 121720 or by e-mail at hallo@solino-coffee.com.
1.3. Consumers in the sense of these GTC shall mean any natural person who enters into a legal transaction for a purpose that can be attributed mostly neither commercial nor as an entrepreneurial activity (§ 13 BGB).
1.4. Differing conditions of the customer are not accepted, unless the seller agrees to them explicitly.

2. Offers and descriptions of services and products

2.1. The presentation of products in our online shop is not a legally binding offer but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of a firm offer or a warranty.
2.2. All offers are “while stocks last”, if not stated otherwise in the products. Errors are omissions excepted.

3. Ordering and contract completion

3.1. The customer can choose from the range of products of the seller and collect them on the [add to basket] in a so-called basket.
3.2 Subsequently, the customer can terminate the order by choosing the option [Proceed to checkout].
3.3. By a click on the button [Buy], the customer makes a binding offer to purchase the goods in the basket. Before sending the order, the customer can change the data at any time. Required details are marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print using the “print” button (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the Seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller ships in 2 days to the customer the ordered products, confirms within 2 days with a second e-mail the order, or sends the invoice.
3.5. Should the seller provide an advanced payment option, the contract is completed with the provision of banking information and payment request. If the payment is not received after the due date and even after sending payment reminders for more than 10 calendar days after the order confirmation was sent by the seller, the seller cancels the contract with the result that the order was null and void and the seller has no delivery obligation. The order is then settled for the buyer and seller with no other consequences. Therefore, a reservation of a product which is paid by advance payment is maintained for a maximum period of 10 calendar days.

4. Prices and shipping costs

4.1. All prices indicated on the merchant’s website are inclusive of applicable VAT taxes.
4.2. In addition to the indicated prices, the seller charges for shipping costs. Shipping costs are communicated to the buyer clearly on the delivery terms page and are part of the ordering process. Deliveries within Germany, for a product value of up to 20.00 Euro, a shipping charge of € 2.50 is charged. Orders within Germany over 20,00 EUR value of product are free of shipping costs. For deliveries abroad the seller charges 15,00 Euro (free of shipping costs for orders above 150 Euro).

5. Delivery, product availability

5.1. If at the time of the customer’s order the selected products are not available, the seller shall notify the Customer of this in the Order Confirmation. If the product is permanently unavailable, the seller does not accept any order. A contract is not concluded in this case.
5.2. Partial deliveries: The seller is entitled to make partial deliveries if this is reasonable for the customer. Additional shipping costs are not charged unless an explicitly agreed upon.
5.3. If a product is temporarily not available, the seller shall inform the customer immediately in the order confirmation. For a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, also the seller, is entitled to withdraw from the contract. In this case, the seller will immediately refund the customer for any payments which are already made. As far as pre-payment is agreed, delivery is made after receipt of the invoice amount.

6. Payment Terms

6.1. The customer can, before completing the ordering process, choose from the available payment methods (prepayment, PayPal payment, credit card payment, SEPA Direct Debit (only certain countries of delivery), delivery at reception (“Nachname” – only for delivery in Germany).
6.2. Is the payment by invoice possible, the payment must be made within 15 days of receipt of the goods and the invoice.
6.3. Is prepayment agreed, payment is due immediately after contract completion.
6.4. If you choose the payment method “PayPal” payment processing via the payment service provider PayPal takes place (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
6.5. If you choose the payment SEPA direct debit payment, the processing is made via the technical service Paymill GmbH, St.-Cajetan-Strasse 43, 81669 München in cooperation with Lufthansa AirPlus Service Card GmbH, Dornhofstr. 10, 63263 Neu-Isenburg or Wirecard Bank AG, Einstein Ring 35, 85609 Aschheim. The invoice amount is due after grant of a SEPA Direct Debit mandate, but not before the deadline for the preliminary information for payment. The collection of the debit is executed, if the ordered goods leave the warehouse of the seller, but not before the deadline for the preliminary information. Preliminary information (“pre-notification”) is any communication (eg invoice, Police, contract) from the seller to the customer, heralding a burden by SEPA Direct Debit. If the customer is a consumer, so the deadline for preliminary information is reduce to five days in case of a first direct debit, and to two days in case of a subsequent direct debits. If the customer is an entrepreneur, the deadline for advance information is reduced to one day, both for first direct debits as well as for subsequent direct debits. The deadline for advance notice shall begin to run on the following day and ends in case of consumers for first direct debits on the fifth day, in the case of subsequent direct debits on the second day and for entrepreneurs on the day which follows the preliminary information. If the last day of the period falls on a Saturday, Sunday or on the customer’s nationally recognized public holiday, the next working day takes the place of such a day. If the direct debit is not paid due to insufficient funds or because of specifying an incorrect bank account or because the customer reverses the payment authorization without being entitled to do so, the customer has to bear the costs of the reversal of the relevant bank charges, if he is responsible for it.
6.6. The customer’s obligation to pay default interest does not exclude additional charges for damages the seller might require from the customer.
6.7. The customer has the right to offset a claim only if his counterclaims are legally established or recognized by the seller. The customer can only exercise a lien, if the claims relate to the same contractual relationship.

7. Retention of title

Until full payment, the delivered goods remain the property of the seller.

8. Warranty for defects and warranty

8.1. For the products offered in the shop of the seller the applicable legal warranties are valid. In case of a defect of a product, the valid legal provisions apply.
8.2. A guarantee of a product of the seller exists only if this has been expressly stated.

9. Liability

9.1. For a liability of the seller for damages the following limitations apply (independently of any other general legal rules of liability):
9.2. The seller has unlimited liability if the damage was caused by intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of essential duties, which endangers the purpose of the contract, or for the breach of duties the fulfillment of which makes the proper execution of the contract and on whose fulfillment the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, typical damage. The seller is not liable for the negligent breach other than those mentioned in the preceding sentences obligations.
9.4. The above limitations shall not apply to injury to life, limb and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the product liability law remains unaffected.
9.5. As far as the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

 

10. Right of withdrawal

– Start of Right of withdrawal for Consumers –

Withdrawal
Consumers are entitled with a right of withdrawal under the following conditions, where consumer is any natural person who enters into a legal transaction for a purpose that can be attributed mostly neither commercial nor its independent vocational activity.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right of withdrawal, you must inform us (LENOX Handels- und Speditionsgesellschaft mbH, Theodorstrasse 42-90, 22761 Hamburg, Tel.: +49 (0) 40 897 121720, Fax: +49 (0) 3222 4268 109, Email: hallo@solino-coffee.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website http://www.solino-coffee.com/media/widerrufsformular-solino.pdf. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by e-mail) without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

– End of Right of withdrawal for Consumers –

The operator may exclude the right of withdrawal from the consumer. Exclusion of the right of withdrawal is only possible for products which have been made to the consumer’s specifications by the entrepreneur – that are clearly personal in nature – that can not be returned due to their nature – that spoil or age quickly.

General information

  1. Please avoid damage and contamination of the product. Send the product as possible in original packaging with all accessories and with all packaging components to us. Use a protective outer packaging. If you no longer have the original packaging, please provide a suitable package for adequate protection from damage during transit.
  2. Please send the goods not unfree back to us.
  3. Please note that the above paragraphs 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

11. Storage of contract

11.1. The seller stores the contract text of the order. The terms and conditions are available online. The customer can print out the text of the contract prior to the delivery of the order to the seller by using the print function of their 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, the customer receives also a copy of the Terms and Conditions, together with the right of cancellation and the instructions about shipping and delivery and payment. If you should have registered in the shop of the seller, you can see your orders placed in your profile area. In addition, the seller collects the contract text, but will not make it accessible on the internet.

12. Privacy Policy

12.1. The seller shall process personal data of the customer for appropriate purposes and according to statutory provisions.
12.2. The personal data of the customer (such as name, email address, mailing address, payment data) are used by the seller only for the fulfillment and handling of the contract. These data will be kept confidential and not disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
12.3. The customer has the right to obtain information free of charge about the personal data that have been stored by the seller about him. In addition, he has the right to correct inaccurate data, blocking and deletion of his personal data, insofar as there is no legal obligation to retain.
12.4. For more information about the type, scope, place and purpose of collecting, processing and use of personal data required by the seller can be found in the Privacy Policy.

13. Online Dispute Platform

Link to the future EU platform for online dispute resolution: https://ec.europa.eu/consumers/odr. The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

14. Jurisdiction, Applicable Law, Contract Language

14.1. Jurisdiction and place of performance is the location of the seller, if the buyer is a merchant, legal entity under public law or public law special fund.
14.2. The law of the Federal Republic of Germany applies. This does not apply if mandatory consumer protection rules are in conflict with the application of the German law.
14.3. Contract language is German.

Date of general terms and conditions: May 2016

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