Terms
and Conditions E-Commerce Lascaux Europe GmbH
www.lascaux.de
/ www.lascaux.ch
Lascaux Colours & Restauro Europe
GmbH
Turmstrasse 11
D-78467 Konstanz
Ust-ID: DE301625528
1. General, Scope of Application
1.1 The following Terms and Conditions (hereinafter ‹Terms›) regulate
the contractual relationship between Lascaux Colours & Restauro Europe GmbH
(hereinafter ‹Lascaux›) and all persons located in Germany and European
Countries using EUR as legal tender, which make use of the offerings available
in Lascaux’ online shop (B2C, hereinafter ‹Customer›). Opposing or diverging
conditions set by the Customer are only applicable if Lascaux has expressly
acknowledged them in writing. The language of the contract is German.
1.2 These Terms apply exclusively to the offerings available through
Lascaux’ online shop. The presentation of products in the online shop does not
represent a legally binding offer, it is to be considered a non-committal
online catalogue.
1.3 The customer gives his approval to these Terms by clicking on the
respectively marked button ‹read› (I agree to the Terms and Conditions) or
similar.
1.4 The Terms apply to use of the websites www.lascaux.de and
www.lascaux.ch as well as all subdomains affiliated with these as well as the
online shop offerings available there.
1.5 Lascaux reserves the right to modify these Terms at any time. The
relevant version is always the version valid at the time the contract was
concluded.
The current version of these Terms is valid from 8 August 2021.
2.
Conclusion of Contract
2.1 A
contract is concluded with a Customer as soon as Lascaux accepts the order of
this Customer.The recognition of the
contract by Lascaux is realised by delivery of the ordered items. The written
copy of the order, which the Customer receives after the order has been
transacted, is only a confirmation of transaction, not acceptance of the order
by Lascaux. The Customer gives his consent to Lascaux accepting the order only
for such items that are in stock (orders not in stock will neither be delivered
later).
2.2 By
clicking on the purchasing button (‹Purchase›) the Customer transacts a binding
order for the items contained in the shopping cart. Before executing the
payment the Customer has the option of returning to the shopping cart and changing
his order if necessary.
3. Prices
3.1 All
offers in Lascaux’ online shop are at all times non-committal proposals. They
have no long-term validity provided they are not unambiguous offers presented
in writing. The offerings available in the web shop are subject to the
reservation that the items on offer are in stock.
3.2 The
relevant prices are the prices indicated in the web shop at the time an order
is submitted. All prices in the web shop represent gross prices in Euros
including VAT yet excluding packaging and shipping costs. The collective VAT
amount for the selected items is indicated in the overview of the shopping
cart. Shipping costs for the order are indicated before the confirmation of the
final order.
3.3 A
Customer buys items for the price indicated per article valid for the country
for which he provides a delivery address.
3.4 The
prices as well as the shipping costs charged to the Customer can vary from time
to time. The current range in the web shop as well as the applicable prices are
to be found on our website www.lascaux.de. Special offers and individual
arrangements are reserved.
External
Effects on Prices
3.5 If Lascaux is charged additional expenses
unknown at the time the contract was concluded owed to circumstances beyond
Lascaux’ scope of influence, such extra costs are fully at the expenses of the
Customer. This applies, for instance, to costs incurred due to regulatory or
governmental measures (such as changes in tariffs, taxes, rates, fees etc.).
4. Order
Processing and Delivery, Shipping
4.1 As a
principle Customers can process orders solely via the order feature in the web
shop. Delivery is effectuated by shipping the ordered items to the address
provided by the Customer. The invoicing address and the delivery address need
not be identical. Collection of ordered items at Lascaux’ headquarters is not
an option.
4.2 Usually
delivery to the Customer is carried out within 5 to 8 week days (Monday to
Friday) after receipt of the order confirmation. Information regarding the delivery
period is non-binding. Lascaux will assume no responsibility for possible
delays of delivery. Indemnification for such incidents is excluded.
4.3 If a
product is not available for delivery or not on offer at the time an order is
submitted, this will be indicated to the customer in the online shop. Products
that cannot be delivered will not be held in delay, nor will they be delivered
at a later time. It rests with the Customer to order such items at a later
point in time.
4.4 Orders
that have been triggered multiple times are treated like individual orders and
can as a matter of principle not be cancelled (notwithstanding every consumer’s
legal right of rescission).
4.5
Deliveries to Customers of Lascaux’
online shop are processed by a service provider to be chosen by Lascaux. Costs
for packaging and transport insurance are contained in the shipping fees that
are to be paid simultaneously with the payment of the order during the order
process.
4.6 As a
matter of principle merchandise ordered in Lascaux’ web shop under
www.lascaux.de or www.lascaux.ch is delivered to Germany. Lascaux reserves the
right to limit deliveries to European countries. Please observe that items
ordered in our online shop in EUR are delivered exclusively to member states of the EU.
4.7 For
technical reasons it may occur that an order needs to be divided into multiple
packages.
4.8 In case
where deliveries are affected by force majeure, i.e. for instance natural
disasters, governmental actions, delayed or erroneous supply, war, civil
unrest, industrial action, substantial interruption of operations, epidemics or
similar, delivery and service periods are extended reasonably. In the case of
extreme cold Lascaux reserves the right to reschedule deliveries. Whenever
possible the Customer is informed directly about such instances.
Indemnification for delayed deliveries due to the circumstances described above
or any resulting cancellation of contract is excluded.
4.9 If the
obstruction to our delivery of products and services prevails for more than
three months, both parties have the right to cancel the contract.
Shipping Costs for Web-Shop Customers
4.10 Up to an order
value of EUR 299.99 including VAT the shipping and packaging fee for deliveries
inside Germany amounts to EUR 10.00. For orders less than EUR 150.00 an
additional delivery charge of EUR 10.00 is billed.For delivery into other EU
countries extra costs and fees can be chargeable at the expense of the
Customer. Orders with a value above EUR 300.00 including VAT are free of
shipping charges except for articles that are unable to send with a regular
parcel service. Such large sized articles exceeding a girth of more than 300 cm
(for instance MasterPak transport boxes) that need to be shipped by freight
incur a shipping fee of EUR 40.00 per parcel up to 100 kg inside Germany. For
other countries individual shipping fees are calculated and charged. Shipping
costs are listed in the order and are always at the expense of the Customer.
5.
Transport, Transfer of Perils, Delay of Acceptance
5.1 Delivery is defined as the provision of
ordered goods at the Customer’ s location.
5.2 Use and
peril are transferred from Lascaux to the customer upon acceptance of the
order.
5.3 If the
ordered items cannot be delivered to the Customer at the specified delivery
address, the Customer owes Lascaux the additional amount of EUR 40.00 (per
order) as fee for efforts caused by the refusal to accept goods.
6. Terms of
Payment
6.3 Web shop
Customers need to pay in advance. Lascaux delivers ordered items after
receiving the invoiced amount, not before.
6.4 Payment
of the amount specified in the order is always transacted in advance in the web
shop by means of credit card when the order is concluded. Presently the
following credit cards are accepted: Visa and MasterCard. The order is
considered valid after the payment carrier has given consent. No orders
adhering to reseller conditions (B2) can be transacted in the web shop.
7. Damage of
Delivery
7.1 When
damages occur we ask Customers who have made an order as consumers to submit a
complaint to the shipping provider as soon as possible stating the nature of
the damages – including transport damages – and then to contact us. This helps
us to enforce our own claim against the shipping provider or, respectively, the
insurance company. Failure to submit such a complaint does not affect the
statutory rights of the Customer.
8. Right of
Revocation
Notice: The
right of revocation applies only to end consumers (B2C).
You have the
right to revoke this contract within a period of fourteen days without giving
any reasons. The period of revocation is fourteen days counted from the day
when you or your chosen representative, who is not the transport carrier, has
received and accepted the last item of the order.
In order to
use your right of revocation you need to inform Lascaux (Lascaux Colours &
Restauro GmbH, Turmstrasse 11 D-78467 Konstanz, Fax +49 7531 911 3997) through
an unambiguous written declaration (letter by post, fax, e-mail) about your
decision to revoke this contract. You need to attach a copy of your declaration
of revocation. In order to adhere to the revocation period it is sufficient to
send a notification stating your intention to use your right of revocation
before expiry of the fortnightly revocation period.
Consequences of Revocation
In case of
successful revocation we are obliged to repay to you all payments we have
received from you including shipping costs (except extra costs related to your
possible choice of a different method of delivery than the low cost standard
delivery offered by us) immediately yet at the latest fourteen days after the
day we received your notification of revocation of the contract. For repayment
we use the same payment method that was applied for the original transaction
unless something else has expressly been agreed with you. Under no
circumstances will you be charged fees for this repayment.
We can
refuse repayment until we have received your ordered goods back or you have
provided proof that the ordered goods have been sent back to us depending on
which of these events occurs first.
You must
return or hand over the ordered goods, in any case at the latest within
fourteen days from the day you informed us about your revocation of this
contract, to us immediately, under this address:
Lascaux
Colours & Restauro Europe GmbH,
Turmstrasse 11
D-78467 Konstanz
Timely
return is complied with when the merchandise is dispatched by you before
expiration of the fourteen days period.
You carry
the immediate costs for return shipping of the goods. For merchandise that
cannot be returned regularly by post due to specific properties the costs will
be considered approximately 50.-- EUR maximum.
You will
only be charged for a possible loss of value of your ordered merchandise if
this loss of value can be proved to arise from any handling of the merchandise
beyond checking the quality, properties and functionality of the items by you.
Return
deliveries that cannot be assigned to any specific Customer will be stored for
two months and then disposed of; the respective file will be closed. After this
period all refund or replacement demands expire.
Reasons for Exclusion from the Right of Revocation
Only
unopened products with an undamaged individual protective packaging in
accordance with this right of revocation purchased via the online shop will be
refunded. The right of revocation does not apply to products which
- are not prefabricated and substantially require an individual choice or determination by end consumer or which are individually adapted to the personal requirements of the consumer,
- for reasons of health protection or hygiene are not suitable for resale as soon as their sealing has been removed upon delivery,
- after delivery due to their properties have been mixed with other products in such a manner that they no longer can be separated or isolated
- are manufactured according to the Customers specifications,
- have been damaged or opened/partly consumed by the Customer.
Until all accounts connected with the delivery contract have been settled, ordered merchandise remains the exclusive property of Lascaux without exception.
10. Exclusion of Liability
10.1 Lascaux
is exclusively liable for damages arising from injury of contractual
obligations incumbent on Lascaux, or if Lascaux has caused such damages with
gross negligence or intent.
10.2 The
maximum amount to be paid for damages is limited to the amount agreed as the
purchasing price for the respective delivery.
10.3 Lascaux
is not liable for purely financial losses as well as consequential damages
and/or reflex damages.
10.4 Changes
of price, delivery options, errors, misprints, technical changes remain
reserved. Provided samples/images are non-binding. Divergences in appearance
and dimensions are permissible.
11. Data
Privacy
Our data
privacy practices are in accordance with the General Data Protection Agreement
(GDPR). Lascaux is obliged to treat a Customer’s personal data for permissible purposes,
discretely and in accordance with the legal requirements. Approval of these
Terms and Conditions comprises consent with the processing of the Customer’s
personal data.
Detailed
information regarding data privacy is to by found on the data privacy page.
12. Changes
/ Additions
12.1 Lascaux
expressly reserves the right to adjust these Terms to changing conditions at
any time and apply the changed Terms immediately.
12.2
Therefore the Customer needs to inform himself/herself about the respectively applicable
Terms for every order.
13.
Severability Clause
13.1 If any
clause proves to be ineffective the other provisions remain effective.
13.2 The
legal regulations apply in place of the ineffective clause.
14
Applicable Law, Place of Jurisdiction
14.1 The
present Terms as well as all sales they apply to are subject to German law.
Every legal dispute based on or connected to the present Terms or any sales
they apply to is to be processed in accordance with German law, regardless of
whether the problem is related to contract law or liability law, or whether it
is based on any other clause. The application of the United Nations Convention
on Contracts for the International Sale of Goods (CISG) is excluded.
14.2 For
possible disputes arising from or in connection with these Terms as well as the
affiliated contract the place of jurisdiction is the Lascaux location in
Constance (Konstanz). Lascaux reserves the right to take legal action at the
Customers place of residence.