Terms and Conditions
The business relationship between LamaLoLi GmbH (hereafter LamaLoLi) and the buyer is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order. Any other conditions by the buyer are not recognized by LamaLoLi, unless LamaLoLi has approved its validity explicitly in writing.
2. Conclusion of contract
Your order is a proposal for us to enter into a purchase contract. When you place an order with LamaLoLi, we will send you an e-mail in which we confirm receiving the order with its details (Order Confirmation). This Order Confirmation does not depict accepting the proposal, but should only inform you that we have received the order.
A purchase contract is only concluded when we deliver the ordered product to you and confirm sending it with a second e-mail (Delivery Confirmation).
Products from the same order which are not included in the Delivery Confirmation are not part of the Purchase Contract. The contract partner is LamaLoLi.
Please note that we sell all product only in amounts for private use. This also applies to the amount of the ordered products in one order as well as making several orders for the same product in which each order contain amounts for private use.
3. Purchase on Approval
At LamaLoLi you Purchase on Approval, i.e. you can return the delivered goods within 14 days, without any reason. The purchase contract will be concluded by your approval when you receive the goods, but not later that after the 14 day deadline for return expires.
The prices in the online catalogue include the legal Value Added Tax. The prices are subject to change.
5. Shipping costs
Independently from the order value, we include shipping costs for each order and delivery address.
Click here to view our delivery rates.
6. Right to Cancel
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation 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 ac-quires, physical pos-session of the goods.
To exercise the right to cancel, you must inform us, LamaLoLi GmbH, Rheinpromenade 6, 40789 Monheim, Germany, phone: +49 (0) 2173 8474 785 Fax: +49 (0)2173 8474 730, E-Mail: email@example.com of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. You can return any items you don't want to keep with just a few exceptions:
- Any items that have been personalised to your needs
- Any items that have passed their expiry date
- Any items whose health/hygiene seal has been removed
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least ex-pensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the 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 the 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
c/o Schiffer Service GmbH
without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation 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.
If not agreed otherwise, the goods are delivered from the warehouse of LamaLoLi to the delivery address stated by the buyer.
The delivery date is non-binding, if as an exception, the delivery date was committed to.
LamaLoLi delivers duty unpaid (DDU) which means the goods were not custom-cleared for import before delivered to the address to the purchaser. LamaLoLi is not responsible for any custom duty clearance or any other taxes and duties needed to be paid to the destination country. It is the Purchaser´s responsibility for all any costs and risks caused by his failure to clear the goods from import on time.
If LamaLoLi, without actual fault, is not able to deliver the ordered goods, because the supplier of LamaLoLi does not fulfill its contractual obligations, LamaLoLi has the right to decline the buyer’s order. In this case the buyer will be informed immediately that the ordered product is not available. The buyer's legal rights remain untouched.
If a delivery to the buyer is not possible, because the delivered goods do not fit the buyer’s entry door, or staircase, or because the buyer cannot be located at the delivery address stated by him, even if the delivery date was announced in ample time, the buyer will pay the costs for such unsuccessful delivery.
8. Due date and Payment, Default
The buyer may pay the purchase price via credit card (Mastercard or VISA Card) or via Pay Pal.
9. Offset, Withholding
The buyer is only entitled to offset payments if his counterclaim was legally confirmed or is not contested by LamaLoLi. Furthermore, a right to withhold only exists, if the counterclaim is based on the same contract relationship.
10. Retention of Title
The delivered goods remain property of LamaLoLi until full payment is received.
11. Liability for defects
If the purchase item is defect, the legal provisions apply.
A cessation of these rights by the buyer is excluded.
If not mentioned otherwise, further claims of the buyer, based on any legal claim, are excluded. Thus, LamaLoLi is not liable for damages apart from the delivered item itself, especially not for loss of profit or property damages of the buyer. In so far as the legal liability of LamaLoLi is excluded or limited, this also applies to the personal liability of employees, representatives and legal representatives.
The above mentioned limited liability does not apply in so far as the cause of damage is intent or gross negligence or a personal injury exists. Furthermore it does not apply if the buyer invokes claims governed by legal regulation.
If LamaLoLi violates a contract relevant obligation, the obligation to compensation for property damage is normally limited to the damage that was caused.
The defect goods must be returned as stipulated by law. LamaLoLi reserves the right to claim damages according to the legally defined conditions.
The limitation period is twenty four months from delivery.
12. Collection, processing and using our customer’s personal information
We will abide to all legal regulations during all steps in data processing (e. g. collection, processing and transfer). Your data necessary for processing the business transaction are stored and forwarded to our service providers, as far as necessary. In the legal framework and considering your rights to be protected, during the time of our business relationship, we may transfer address and credit data to other trade companies or service providers within the company or to SCHUFA 65203 Wiesbaden.
Furthermore, address and order date are collected and processed for internal marketing purposes. Third party marketing entities will only receive data permitted by law (publicized specific and summarized data lists according to § 28 Abs. 3 Nr. 3 Federal Data Protection Act (Bundesdatenschutzgesetz) or with your explicit permission).
Your data will help us to make your purchase experience with us more individual and increase it continuously. We use your personal data to process orders, to deliver the goods, to check creditworthiness, to process payment, and to be able to inform you about orders, products, services and special offers.
13. Applicable Law
The German Law applies, excluding the UN law (CISG).