Terms and Conditions (GTC)

Terms and Conditions (GTC)

between

– the company Lailinen GmbH, Wilhelm-von-Erlanger Str. 65a, 55218 Ingelheim, hereinafter referred to as “provider” –

and

the customer referred to in § 1 of the contract - hereinafter "customer" -

§ 1 Scope, Definitions

I. (1) The following general terms and conditions apply exclusively to the business relationship between the seller (hereinafter "supplier") and the customer (hereinafter "customer") in the version valid at the time of the order.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity.

On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

II. The following also applies to entrepreneurs:

Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of the contract

Sending an order via the provider's online shop represents a contract offer to the provider. The provider will confirm receipt of the order by email, with this confirmation representing acceptance of the contract.

§ 3 Delivery, availability of goods to entrepreneurs

The following applies to entrepreneurs:

1. The conclusion of the contract takes place under the reservation of self-delivery.

2. If the customer is in default of acceptance, fails to cooperate or if the supplier's delivery is delayed for other reasons for which the customer is responsible, the supplier is entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs) at a flat rate. For this, the provider calculates a flat-rate compensation of EUR 5 per calendar day, starting with the delivery period or - in the absence of a delivery period - with the notification that the goods are ready for dispatch.

Evidence of greater damage and our legal claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the lump sum is to be offset against further monetary claims. The customer is allowed to prove that the provider has suffered no damage at all or only a significantly lower damage than the above flat rate

§ 4 Subsequent delivery period for entrepreneurs

If an agreed delivery period expires, a subsequent delivery period for the duration of the delivery period, but no longer than eight weeks, will be set to run for entrepreneurs without explanation. After the expiry of the subsequent delivery period, the withdrawal from the contract is deemed to have taken place, with the exclusion of claims for damages. The withdrawal from the contract according to § 4 sentence 2 does not occur if the customer declares during the subsequent delivery period that he insists on the fulfillment of the contract. However, the provider is released from the delivery obligation if the customer does not comment on the provider's request within the subsequent delivery period as to whether he insists on the fulfillment of the contract. However, if the provider is unable to deliver, the withdrawal from the contract shall be deemed to have taken place, excluding claims for damages. Fixed transactions are not transacted.

§ 5 Retention of title

I. (1) The delivered goods remain the property of the provider until full payment has been made.

II. The following applies to entrepreneurs:

(1) We reserve ownership of the goods sold until all our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

(2) The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The customer must inform us immediately in text form if and to the extent that third parties access the goods belonging to us.

(3) If the customer acts in breach of contract, in particular if the purchase price due is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title. The demand for return does not include a declaration of withdrawal; on the contrary, we are entitled to only demand the return of the goods and to reserve the right to withdraw from the contract. If the customer does not pay the purchase price due, the provider may only assert these rights if he has previously unsuccessfully set the customer a reasonable deadline for payment or setting such a deadline is unnecessary under the statutory provisions.

(4) The customer is authorized to resell the goods subject to retention of title in the ordinary course of business.

§ 6 Prices, shipping costs, delivery time, terms of delivery

I. All prices stated on the provider's website include the applicable statutory sales tax.

II. The provider sends the goods with DHL. The applicable shipping costs can be found on the provider's website.

§ 7 Terms of payment for entrepreneurs

The customer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed.

§ 8 Cancellation policy for consumers

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal you must inform us,

Lailines GmbH 

Wilhelm-von-Erlanger Str. 65a

D-55218 Ingelheim

Telephone:  49 (0) 172 1552921

Email: info(at)lailinen.horse

Internet: http://lailinen.horse

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

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

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. The buyer bears the costs of the return.

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.

§ 8a model revocation

Sample revocation

(If you want to revoke the contract, then suspend the revocation as follows and send it back to us.)

On

Lailines GmbH

Wilhelm-von-Erlanger Str. 65a

D-55218 Ingelheim

Telephone:  49 (0) 172 1552921

Email: info(at)lailinen.horse

Web: http://lailinen.horse

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

date

____________________

(*) Delete where not applicable

§ 9 Extended, contractual right of withdrawal

I. In addition to the statutory right of withdrawal of two weeks, the customer has a contractual right of withdrawal for a further two weeks. The contractual cancellation period begins when the statutory cancellation period expires. The exercise of the right of withdrawal is based on the provisions of the statutory right of withdrawal in accordance with Section 8.

II. If, exceptionally, the statutory right of withdrawal exceeds the contractual right of withdrawal, there is no contractual right of withdrawal. Any other statutory rights of the customer, e.g. from the statutory warranty, remain unaffected.

§ 10 Return costs for consumer cancellation

I. When exercising the statutory and contractual right of cancellation, we bear the direct costs of returning the goods.

II. As far as shipments within the Federal Republic of Germany are concerned, the provider can, at its own discretion, refrain from asserting the return costs according to this regulation. If the provider waives the assertion of the return costs, he will inform the customer of this in the confirmation of receipt of the order.

§ 11 Statutory warranty claims, guarantee

I. Statutory warranty claims exist for all goods from the provider.

II. In relation to consumers, the statutory warranty rights are based on the applicable statutory provisions, in particular §§ 434 ff BGB.

III. The following applies to entrepreneurs:

(1) The warranty period is 12 months.

(2) The customer's claims for defects presuppose that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). Irrespective of this obligation to examine and give notice of defects, the customer must report obvious defects (including incorrect and short deliveries) in writing within two days of delivery. If the customer fails to carry out the proper examination and/or notification of defects, the liability of the provider for the non-notified defect is excluded.

(3) Returns will not be accepted without the prior consent of the provider. Opened packs and goods that are no longer salable are excluded from return. In the case of justified complaints, the provider has the right to choose whether to rectify the defect or to deliver replacement goods free of defects within the subsequent delivery period stipulated in Section 4.

(4) In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB) remain unaffected.

(5) A guarantee for the goods delivered by the supplier only exists if this was expressly given in the order confirmation for the respective article.

Section 12 Liability

I. (1) The provider is liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.

(2) The provider is liable for damages - for whatever legal reason - in the event of intent and gross negligence. In the event of simple negligence, the provider is only liable

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the breach of a material contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely)

(3) The limitations of liability resulting from paragraph 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.

II. The following also applies to entrepreneurs:

1. In the case of liability according to § 12 I, 2. b), the liability of the provider is limited to compensation for the foreseeable, typically occurring damage.

2. Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if the provider is responsible for the breach of duty. A free right of termination of the customer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements and legal consequences apply.

§ 13 Further processing of goods

The goods delivered by the provider are end products and not suitable for further processing. Further processing of the goods, whether by way of connection, mixing or other further processing, is not permitted.

In exceptional cases, further processing can be approved in writing in advance by the provider. In the case of further processing of the goods delivered by us by the customer or third parties, any liability towards entrepreneurs is excluded. Under no circumstances is the provider responsible for damage caused by further processing.

§ 14 Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here http://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes.

§ 15 Final Provisions for Entrepreneurs

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law.

(2) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective.