General Terms and Conditions for our online shop at www.laure-lay.com
§ 1 Scope, Definitions
(1) These Terms and Conditions shall exclusively apply between us,
Roman Laure GmbH,
represented by its managing director Mr Roman Laure,
registered in the commercial register of local court (Amtsgericht) Neuss HRB 20971,
phone: +49 (0) 2132 / 9685204,
VAT identification no.: DE329746446,
and you as our customer as regards all contracts concluded in our Online Shop at www.laure-lay.com. Any diverging general terms and conditions of the customer shall not apply unless we agree expressly in writing.
(2) These General Terms and Conditions shall apply irrespective of whether you are a consumer or an entrepreneur. Consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. Whereas an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§ 2 Conclusion of Contract
(1) By placing our product in our Online Shop we bindingly offer you to purchase our products, in particular high-quality ladies´ shoes. You can choose products placed in our Online Shop and collect them in a so-called shopping cart by clicking the button “Add to cart”. By clicking the button “Order and Pay” (zahlungspflichtig bestellen) you accept our offer to buy regarding products in the shopping cart (“Order”).
(2) Before submitting your Order you may at any time review and alter your Order details by using the buttons provided for this purpose or the Back button in your browser. You are only able to send us your Order if prior to this you click the button “Accept General Terms and Conditions” and thereby accept these General Terms and Conditions und integrate them in your Order.
(3) After transmission of your Order we will send you an acknowledgement of receipt by email. This email will show your Order details again. You may print the acknowledgement of receipt by using the function “Print”. Either with this or a separate email, however not later than upon delivery of the goods, we will provide you the text of the concluded contract (consisting of the Order and these General Terms and Conditions) on a durable medium. The text of the concluded contract will be stored in accordance with data protection.
(4) The conclusion of the Contract is made in German or English (upon your choice).
§ 3 Delivery
(1) Each delivery period indicated by us shall start on the first working day after the Contract between you and us came into force and the agreed payment has been arranged by you. Delivery period shall be 7 working days at most in case no or no alternative delivery period is specified in our Online Shop. By derogation from the foregoing sentence delivery period for personalized products (e.g. charms) shall be 14 working days at most unless otherwise stated in our Online Shop.
(2) The following restrictions shall apply: We only deliver to customers that have their habitual residence (billing address) in a country of the European Union, Switzerland or Norway and are able to indicate a delivery address in the respective country. Furthermore, per Order not more than two pair of shoes can ordered.
(3) The goods shall be transported uninsured and in any event at your risk unless you are a consumer. The selection of the means of transport shall be subject to our reasonable discretion and be without liability for the cheapest and fastest transport unless agreed otherwise.
(4) We shall have the right to reasonable delivery in instalments.
(5) Our delivery obligation shall always be subject to timely and orderly receipt of the goods from our own suppliers. This shall only apply if we are not responsible for the non-availability and the non-availability is not only temporary, in particular in case of a prior entering into a congruent covering transaction with our supplier. In case of non-availability of performance, we will inform you without undue delay. In case of non-availability, we shall reimburse any considerations already rendered by you without undue delay.
§ 4 Retention of Title
Until full payment of the purchase price we retain legal title to the delivered goods.
§ 5 Prices and Delivery Charges
(1) All prices shown in our Online Shop include applicable statutory VAT.
(2) If you order as an entrepreneur who is residing in another Member State of the European Union our deliveries shall be VAT-exempt. In such cases the purchase price shall be calculated by deducting German VAT from the prices shown in our Online Shop. This requires that you provide us a valid value added tax identification number in the context of the Order.
(3) For deliveries to countries outside the European Union we shall not invoice any VAT. In such cases the purchase price shall be calculated by deducting German VAT from the prices shown in our Online Shop.
(4) Delivery charges are shown in our Online Shop in the section regarding delivery. The purchase price and delivery charges are also shown in the order form before you submit your Order.
(5) Delivery charges shall be borne by you unless you exercise your right of withdrawal as a consumer (see § 9).
(6) If you are a consumer and you exercise your right of withdrawal (see § 9) direct costs of returning the goods shall be borne by you.
§ 6 Payment Terms
(1) You may pay by prepayment, direct debit, credit card or PayPal.
(2) In case of prepayment we will send you our bank details after your Order.
(a) In case you chose payment by direct debit you do not need to be registered at PayPal in order to be able to pay the amount invoiced. By confirmation of the payment order you give PayPal a direct debit mandate.
(b) In case you chose payment by credit card you do not need to be registered at PayPal in order to be able to pay the amount invoiced.
(c) Using the payment method PayPal requires that you open or already have a PayPal-account.
§ 7 Warranty for Material Defects, Guarantee
(1) We shall be liable for material defects under the applicable statutory provisions, in particular §§ 434 et. seq. German Civil Code (BGB).
(2) Vis-à-vis entrepreneurs the warranty period shall be 12 months upon delivery of the goods.
(3) There shall be no additional guarantee unless we expressly state otherwise for a particular product.
§ 8 Liability
(1) We shall be liable without limitation
– in case of intent or gross negligence,
– in case of a culpable breach of duty leading to death, personal injury or damage to health,
– under the provisions of the German Product Liability Act (Produktsicherheitsgesetz),
– in case of a guarantee assumed by us.
(2) In case we breach our primary obligations (such duties which form the essence of the contract, which were decisive for the conclusion of the contract and on the performance of which you may rely – Kardinalpflichten) by simple negligence, then our ensuing liability shall be limited to the amount which was foreseeable for us and is typical due the type of the respective transaction.
(3) Any more extensive liability beyond the foregoing para. 1 and 2 is excluded.
(4) The aforementioned restrictions of liability under para. 1 – 3 of liability shall also apply to a personal liability of our employees, agents or legal representatives.
§ 9 Statutory Right of Withdrawl
(1) If you order as a consumer, see § 1 para. 2, you have a statutory right of withdrawal to the extend defined below:
Instruction on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this Contract within fourteen days without giving any reason.
The withdrawal period shall be fourteen days as of the day on which you or a third party indicated by you, other than the carrier, have respectively has acquired the material possession of the goods.
To exercise your right of withdrawal, you must inform us (Roman Laure GmbH, Ossum 14, 40668 Meerbusch, phone: 02132 / 9685204, email: firstname.lastname@example.org) of your decision to withdraw from this contract by an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). Therefor you may use the attached model withdrawal form which is not mandatory, however.
To meet the withdrawal deadline, it is sufficient that you send off your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Legal consequences of withdrawal
If you withdraw from this Contract, we shall reimburse to you all payments received from you, including the delivery charges (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 fourteen days from the day on which we have received your communication about your withdrawal from this Contract. For such reimbursement we will use the same means of payment as you used for the initial transaction, unless something alternative has been expressly agreed with you; in no event you will be charged with any fees because of such reimbursement. We may withhold the reimbursement until we have received the goods back or you have provided proof that you have 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 fourteen days from the day on which you communicate the withdrawal of this Contract to us. The deadline is met if you send off the goods before expiration of the deadline of fourteen days.
You shall bear the direct cost of returning the goods. You shall only be liable for any diminished value of the goods if this diminished value results from the handling of the goods in other manner than that necessary to establish the nature, characteristics and functioning of the goods.
(2) As regards the model withdrawal form for consumers who have a statutory wright of withdrawal we inform you as following:
Model withdrawal form
(If you wish to withdraw from the contract please complete and return this form.)
– To Roman Laure GmbH, Ossum 14, 40668 Meerbusch, phone: 02132 / 9685204, email: email@example.com:
– I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if message is on paper)
(*) Delete where inapplicable.
(3) A right of withdrawal for consumers as described in para. 1 does not exist as regards off-premises contracts for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer.
§ 10 Final Provisions
(1) The contract shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on the Sale of Goods. If you submit your Order as a consumer and your habitual residence at the time of the Order is in a different country other than Germany, the application of mandatory legislation of this country shall remain unaffected by the choice of law under the foregoing sentence.
(2) For all disputes arising from, or in conjunction with, the Contract the courts where we have our registered office shall have jurisdiction if you are a merchant, legal person under public law, special asset (Sondervermögen) under public law or if you have no general venue in Germany.
(3) Place of performance shall be our seat.
(4) In case of a dispute you may contact the European ODR platform as regards the possibility of using the ODR platform for resolving the dispute: https://ec.europa.eu/consumers/odr/. Beyond that we do not participate in any alternative dispute resolution schemes with a consumer arbitration panel and are not required to do so.
(5) The invalidity of any provision of these General Terms and Conditions of sale shall not affect the validity of the other provisions. Instead, the parties shall endeavor to agree on a valid provision which comes closest to what the parties had intended with respect to the economic purpose under the invalid or void provision.
Version: 29 September 2022