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Contact address:
Laciga Innovation GmbH
Rebackerstrasse 7
3210 Kerzers
Switzerland
E-mail info(at)shop4well.eu
hereinafter referred to as “Seller”.
1. Scope
1.1 The following terms and conditions of sale and delivery, which you (hereinafter also referred to as the “buyer”) accept by placing your order via the website “www.shop4well.eu” (hereinafter referred to as the “website”), apply to the business relationship between you and the seller.
1.2 Buyers can be consumers or entrepreneurs. A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership that is endowed with the ability to acquire rights and incur liabilities that acts in the exercise of their commercial or independent activity when concluding a legal transaction.
2 Conclusion of contract
2.1 The Seller’s offers are non-binding and subject to change. A contract between the seller and the buyer is only concluded when the seller has confirmed the buyer’s order.
2.2 The Buyer can place goods for purchase in the shopping cart on the website by clicking on the “Add to cart” button. The items placed in the shopping cart are displayed in the shopping cart. An item can be removed from the shopping cart at any time by clicking on the word “Delete” after the respective item. If the buyer wishes to purchase the goods in the shopping cart, the purchase process is started by clicking on the “Checkout” button.
On the overview page, in order to proceed with the purchase, the buyer then has the choice of logging in as an already registered customer, ordering as a guest without registering or registering as a (new) customer for the purpose of placing an order.
If the buyer is not yet registered as a customer, he must provide details such as his name, address, telephone number and e-mail address.
By clicking on the “Continue” button, the buyer is then taken to the “Payment method” section where the customer can choose between the payment options offered.
Finally, in the “Check and place order” section, the customer can check all the details they have entered regarding the billing address and other information. The customer is also shown a summary of the contents of their order so that they can identify any input errors. The customer also has the opportunity to make comments on the order and delivery.
By calling up the general “Back” function in his Internet browser and/or by going back to the order steps already completed in the order process, the buyer can correct input errors in the order details.
The buyer finally submits a binding offer to the seller in the “Check & Order” area when he clicks on the“Buy” button.
2.3 After receipt of the order, the seller sends the buyer an automatically generated confirmation of receipt, which does not yet constitute acceptance of the offer, but merely serves to inform the buyer that the order has been received. A contract is only concluded when the seller declares acceptance of the contract. The seller can accept the customer’s offer within five days,
– by sending a written order confirmation or an order confirmation in text form (e-mail) to the buyer, the receipt of the order confirmation by the buyer being decisive, or
– by delivering the ordered goods, the receipt of the goods by the buyer being decisive in this respect, or
– by requesting payment from the buyer if advance payment has been selected.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.
The period for accepting the offer begins on the day after the offer is sent by the buyer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Buyer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Buyer is no longer bound by its declaration of intent.
2.4 The delivery to be made by the Seller is subject to the reservation of complete and timely delivery to the Seller itself. If the ordered goods are no longer available and/or can only be procured with unreasonable effort, the Seller is entitled to withdraw from the contract. In this case, the Seller shall immediately notify the Buyer of the unavailability and reimburse any payments received for the goods concerned.
3. Cancellation policy for consumers
3.1 If the customer is a consumer, the buyer has a right of cancellation.
3.2 Right of cancellation for purchase contracts for (physical) goods (including DVDs, data storage devices, etc.):
Right of withdrawal
You have the right to withdraw from this contract within fourteen days, giving reasons.
The withdrawal period is 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, you must inform us of your decision to withdraw from this contract by means of an unambiguous declaration (e.g. a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences 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. For this repayment, 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 repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
After expiry of this period, you are in default with the return shipment and are obliged to compensate for the damage caused by the delay. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
expiry of the right of withdrawal
If the customer has opened the packaging, the right of withdrawal is void.
Return address in case of use of the right of withdrawal or general returns:
Pakajo GmbH
Laciga Innovation GmbH
Reichsbahnstr. 96
22525 Hamburg
Deutschland
4. consumer information
Contract text Language / Storage
The contract is concluded in German. The contract text is not stored by the seller and cannot be retrieved after the order process has been completed. However, the buyer can print out the order data immediately after sending the order using the print function of his browser. After conclusion of the contract, the buyer receives an automated e-mail with further information on the processing of the contract. The buyer can also save the text of the contract by saving the corresponding web page on his computer using the save function (e.g. by clicking on the right mouse button).
Processing / Payment / Complaints
For the processing of the contract, the buyer will receive an e-mail with further information after conclusion of the contract.
Any complaints and/or warranty claims can be submitted to the seller using the contact details provided.
The statutory warranty rights apply.
Contact details for questions and explanations regarding the concluded contract
For all questions and explanations regarding the contract concluded with the seller, in particular for questions regarding warranty rights, at the following email address: info(at)shop4well.eu
Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the item description.
5. delivery
5.1 Shipment is made by a transport company to be selected by the seller to the delivery address specified by the buyer when ordering.
5.2 If the goods do not reach you within the time specified by us due to an unforeseeable delay at the commissioned shipping company, please inform us immediately so that we can investigate this with the commissioned shipper.
6. transfer of risk
6.1 The risk is transferred to the buyer when the goods are handed over to the buyer. If the delivery is delayed for reasons for which the Buyer is responsible, the risk shall pass to the Buyer if the Buyer is in default of acceptance.
6.2 If the Buyer is not a consumer, the risk shall pass to the Buyer as soon as the goods are handed over to the person carrying out the transportation.
7. prices, terms of payment, delivery costs for returns, invoice
7.1 The amounts stated as purchase prices are without exception final prices and include all price components including applicable taxes (in particular including VAT). The buyer will be informed of the shipping costs on the website when placing the order.
7.2 The Seller shall inform the Buyer on the website of the specific payment options available and their terms and conditions.
7.3 For deliveries to countries outside the European Union, further costs may be incurred which are to be borne by the buyer. These include, for example, costs for the transfer of money by credit institutions, import duties or taxes (such as customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
7.4 If the Seller and the Buyer agree on advance payment, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
7.5 Further information on the payment service providers and institutions with which we cooperate in the context of payment can be found in our privacy policy.
7.6 The Buyer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
7.7 The Buyer shall only have a right of set-off if its counterclaims are undisputed by the Seller or disputed by the Seller but legally established.
7.8 Delivery costs for returns shall be borne in full by the buyer.
7.9 The Buyer agrees to receive invoices electronically. Electronic invoices are provided in PDF format. The Seller shall indicate for each delivery in the shipping confirmation whether the invoice is available (only) in electronic form.
8. warranty
The statutory provisions apply to the buyer’s claims against the seller due to defects.
9. warranty towards companies
9.1 If the buyer is not a consumer, the following applies in addition to the statutory warranty provisions:
9.2 If the buyer is entitled to claims due to a defect, the seller is entitled, at his own discretion, to remedy the defect free of charge for the buyer or to deliver defect-free goods as a replacement.
9.3 Warranty claims shall become time-barred within 12 months from the time of the transfer of risk. The rights of the company remain unaffected by this. The shortening of the warranty period to one year shall also not apply if the obligation to pay compensation is based on physical injury or damage to health due to a defect for which the Seller is responsible or on gross negligence on the part of the Seller or its vicarious agents and/or if the relevant defect was fraudulently concealed and/or if the Seller has assumed special guarantees in the form of a manufacturer’s warranty. Notwithstanding the above, the Seller shall be liable under the Product Liability Act
10. Liability
10.1 Liability for any indirect damages and consequential damages is completely excluded. Liability for direct damages is limited to the amount of the service, product or license purchased by the customer.
The customer is obliged to report any damage to the company immediately. Any liability for auxiliary persons is completely excluded.
10.2 The seller is only liable for other damages if a duty is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal duty) and if the damages are typical and foreseeable due to the contractual use of the services. Any liability under the Product Liability Act remains unaffected.
10.3 Any liability of the Seller beyond the above is excluded.
11. Retention of title
11.1 The goods shall remain the property of the Seller until full payment has been made.
11.2 If the Buyer is an entrepreneur, the following shall apply in addition: The Seller shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. The Buyer may resell the goods subject to retention of title in the ordinary course of business; the Buyer assigns to the Seller in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and the Seller accepts this assignment. The Buyer shall remain authorized to collect the claims, but the Seller may also collect claims itself if the Buyer fails to meet its payment obligations.
12. final provisions
12.1 The Seller does not recognize any general terms and conditions of business or contract of the Buyer that conflict with or deviate from these General Terms and Conditions of Sale and Delivery unless their validity is expressly agreed to in writing. These General Terms and Conditions of Sale and Delivery shall also apply if the Seller carries out the delivery to the Buyer without reservation in the knowledge that the Buyer’s terms and conditions conflict with or deviate from these General Terms and Conditions of Sale and Delivery.
12.2 In commercial transactions, the parties agree that the exclusive place of jurisdiction for all disputes arising in connection with the implementation of this contract is the registered office of the seller. The registered office of the seller is also the place of jurisdiction in non-commercial transactions if the buyer does not have a general place of jurisdiction in the country or moves his place of residence or habitual abode outside the scope of the Federal Republic of Germany after the conclusion of the contract. This also applies if the buyer’s place of residence or habitual abode is not known at the time the action is brought.
12.3 The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
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