Terms and Conditions
§ 1 Identity
Contracting partner for all agreements entered into through lakarmen.com
Created by: Maria Teresa Sole
Lakarmen – Maria Teresa Sole
phone: +49 17666533419
§ 2 Scope of application
These General Business Terms and Conditions exclusively apply for the business relationship between Lakarmen and the customers in the current version valid at the time of contract conclusion, unless explicitly otherwise agreed. Deviating conditions of the orderer are not recognized unless Lakarmen explicitly consents to the applicability of those other conditions.
Contracts concerning the online offer are exclusively concluded with (end) consumers (“customers” in the following). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their self-employed professional work.
The right of revocation in § 8 of these General Terms does not apply to business relationships between Lakarmen and entrepreneurs according to § 14 BGB. Customers, who are unsure whether they are consumers or entrepreneurs, are recommended to exercise their right of revocation in a timely manner. Should it become apparent that the customer is an entrepreneur according to § 14 BGB, line 1 applies.
§ 3 Contract conclusion / technical process/ contractual language
The presentation of the products does not present a binding contract offer. The customer for his/her part does place a binding offer by submitting an order through the online shop. LK reserves the right to freely decide about accepting the offer. A contract offer is only accepted once the order confirmation has been sent to the customer, generally by email.
The products in the online shop of Lakarmen may marginally deviate from the product images in individual cases, as the pieces of jewelry are handcrafted. In general, the single product pages display the availability of products. However, this information is only tentative. After the order has been received, Lakarmen checks the actual availability and reserves the right to withdraw from a contract based on § 4 of these General Terms.
The customer can select single or multiple items on the respective pages of the goods offered in the online shop and place products into the virtual shopping cart by clicking the button “ADD TO CART” or the corresponding graphic icon. After placing all desired items into the shopping cart, the customer can access an overview of the items by clicking on the “CART” button or the corresponding icon. By clicking the button “CHECKOUT” or the corresponding icon, the customer can start the order process. On the following page, the customer enters his/her personal data. After submitting the email address, the delivery address as well as the payment data (credit card or PayPal) must be entered.
This page also shows the customer the delivery method utilized by Lakarmen as well as any potential shipment fees. Also will see the VAT fee.
Before sending off the binding order, the customer has the option to review the quantity and type of the selected items and may edit these if needed. Through the standard browser functions as well as by clicking on the single selected items or the icons the customer may view, remove or modify the goods as well as other data in the purchase procedure.
At the bottom of the page, the customer sends off all data of the order by clicking the “PURCHASE” button and thereby places a binding offer. A page subsequently opens that confirms the customer’s order. The offer is accepted by Lakarmen as specified in paragraph 1.
The contractual text is exclusively provided in English.
§ 4 Right of withdrawal
QQ reserves the right to withdraw from the sales contract,
– if products cannot be delivered due to a missing supply to LK and Lakarmen informs the customer of this instantly after concluding the contract;
– if an insured shipping is not possible to the order’s destination country as selected by the customer by means of the shipping company or the insurer chosen by LK and LK instantly informs the customer of this after concluding the contract.
§ 5 Prices
LK always makes efforts to display correct product prices in its online shop. Despite those efforts incorrect prices could be displayed in individual cases. LK checks the price again prior to shipping of any articles and will notify the customer in case an incorrect price was displayed. If the actual price is higher than the displayed price, the customer can cancel the order at no cost. If the actual price is lower than the displayed price, LK will only charge the lower price.
The displayed individual product prices include the statutory value added tax. The total tax amount of an order can be reviewed during checkout.
Applicable shipping charges that need to be paid by the customer are displayed during the checkout process and are included in the displayed order total during checkout.
LK reserves the right to adjust the pricing according to not maintainable increased costs for orders with an agreed upon delivery time of more than six weeks. Customers are granted the right to cancel the order if they do not accept the increased price.
§ 6 Terms of Delivery, Shipping Charges, Custom Duties, Return Shipping Charges
Generally, items are shipped with the shipping with Deustche Post. Deliveries with a total value of more than EUR 500 are shipped via DHL or UPS. Goods are shipped only after the full invoice amount has been received by LK.
LK reserves the right to split an order into partial deliveries within a reasonable extent.
Certain countries are excluded from insured shipping by LK shipping partner. If an insured shipment is not possible to the desired destination, LK will notify the customer after the order is received and potentially cancel the order according to § 4 of these terms and conditions.
The following shipping charges apply:
See Shipping Info
For shipments outside the European Union custom duties and taxes might apply. LK has no influence on those charges. Therefore all applicable charges or required actions are the sole responsibility of the customer.
The customer needs to cover the costs of return shipments when exercising the right of withdrawal. (See § 8)
§ 7 Payments
The following payment options are available to the customer:
PayPal is an online payment service that offers fast and secure payments. With PayPal, the customer can choose for each transaction if he or she would like to pay via wire transfer, bank withdrawal, via available balance in his PayPal-Account or via credit card. Independent of the chosen PayPal method, no additional charges apply to the customer.
LK PayPal payment address is email@example.com
For payments via credit card, the customers’ card is charged immediately when the order is placed. After the card is charged successfully, the order is shipped once completed.
There are no additional charges for the customer when paying via credit card.
§ 9 Retention of title
Until the goods have been completely paid, they remain the property of LK.
§ 10 Warranty and liability
If there is a defect of the purchased goods, the customer may demand his/her nature of the subsequent performance, such as removal of the defect or subsequent delivery.
In case the subsequent performance fails twice or the customer has unsuccessfully set an appropriate deadline for the subsequent performance, the customer is entitled to freely choose between withdrawing from the contract and demanding a reduction.
The period of limitations is two years from delivery of the goods. In the case of used items, the period of limitation is one year from delivery of the goods.
Defect liability cases are to be promptly processed with LK. Negotiations with independent representatives who are not directly employed by LK do no constitute negotiations in terms of § 203 para. 1 BGB.
In the event of liability of defect claims based on malice or gross negligence, including malice or gross negligence of representatives or employees of LK, LK is liable under the statutory rule. Insofar as LK´s breach of contract is found to be neither malice nor gross negligence the liability is limited to the restitution of any foreseeable damages that typically arise. In the event of a breach of supplementary performance duties, LK is not liable for slight negligence.
Liability for culpable injury to life, body or health remains unaffected; This also applies to the mandatory liability according to product liability laws and other mandatory statutory regulations.
If LK is responsible for a delay in deliveries, the legal provisions determine the liability. However, damages due to delays are only compensated if LK, its legal representatives or vicarious agents are guilty of willful or grossly negligent actions. The compensation for damages caused by delay is limited to foreseeable, typically arising damages.
§ 12 Delivery Damages
If any damages are visible upon delivery, LK asks the customer to obtain a written notice from the transport company and to notify LK accordingly. This applies in particular to damages visible from the outside. The customers’ legal warranty rights remain unaffected also without a written note. The written note solely supports LK´s claims against the transport company or its insurance company. We kindly ask the customer to send any photos that show the damages to LK.
Lakarmen – Maria Teresa Sole
§ 13 Data protection
LK informs the customers that the data collected as part of the contract conclusion are acquired, processed and utilized according to the German Federal Data Protection Law (BDSG) and the German Tele-Media Law (TMG) by LK in order to fulfill the duties enshrined in the sales contract. This data may also be transmitted to commissioned partners (such as shipping companies) that have been carefully selected as per § 11 BDSG in order to fulfill the contractual duties.
The contractual text is saved by LK and will be sent to the customer with the order data by email.
When registering for the newsletter, the email address and the customer’s name is used by LK for promotional measures with the customer’s permission, until the customer unsubscribes from LK´s newsletter.
All data are only used for the intents and purposes described and are not shared with unauthorized third parties.
Privacy statement according § 13 Abs. 1 TMG
In order to record statistics as to when any contents of this website are accessed and viewed, the following data is recorded:
– URL of viewed site
– Referrer (Previously visited site that linked to the viewed site)
– Date and time of your request
– Duration of your request
The data recorded during the visit is solely used for internal purposes and not forwarded to third parties.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Objection, Cancellation, Disclosure, Correction, Blocking, Deletion
The visitor of LK website is granted the right to cancel the agreement to the usage of his data according to § 15 Abs. 2 Nr. 4 TMG as well as demanding information regarding the data collected related to their use of the website. Furthermore, the visitor is granted the right to demand the deletion, correction or blocking of this data within the legal framework. To exercise their rights, or to declare their objection to the creation of a user profile, the user sends an e-mail to firstname.lastname@example.org, with (if required for his demand) his IP-address and the time of his visit. Based on this, LK will provide the requested information and initiate the correction, blocking, or deletion of the data, if possible. The information can be upon request provided electronically.
§ 14 Final Provisions
The legal invalidity of any regulation in these terms does not affect the legal validity of the (other) regulations of these terms. In case of regulation in these terms is or becomes invalid, the remaining regulations shall remain unaffected. In lieu of the ineffective regulation, the pertinent statutory rules will apply.
The law of the Federal Republic of Germany shall exclusively apply – insofar as legally permissible – excluding rules and regulations of conflict of laws and private international law.
The exclusive place of contract fulfillment and jurisdiction for all disputes as well as delivery or payment conflicts is Berlin (Germany) – insofar as legally permissible.
For end consumers, the place of contract fulfillment and jurisdiction is the place of the buyers’ residency. If the buyer does not have his residency within the European Union the place of jurisdiction is Berlin. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.