General Terms and Conditions

 

Current information on the COVID-19 situation:

We have been running our online shop www.lamarina-shop.de for customers all over the world for many years. In the current situation, due to significant crisis surcharges, we are unfortunately unable to offer any shipments to the USA, France and Italy. We ask for your understanding if the delivery of your deliveries may take a few days longer than usual due to the corona pandemic.

 

1. Field of application

For both the protection of our customers and our company please take the time to review our Terms and Conditions carefully before purchasing products of lamarina-shop.de . The following contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. By using our website, your purchase of a product or service from lamarina-shop.de is governed by these terms and conditions. Using our website indicates your acceptance of these terms and conditions of sale and our terms for use of this site. La Marina reserves the right to make changes to this website and these terms and conditions of sale and our terms of use at any time, without notice.

LA MARINA provides website features and other products and services to you when you visit or shop at lamarina-kassel.de. Please see our Privacy Notice to understand how we collect and process your personal information.

 

2. Conditions of Use

Please read these conditions carefully. By using LA MARINA Online Shop, you signify your agreement to be bound by these conditions.

1. Electronic Communications When you send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically,too. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
2. Copyright, Authors Rights All content included in or made available through the Website lamarina-shop.de, such as text, graphics, logos, button icons and images is the property of LA MARINA or its suppliers and is protected by authors' rights. You may not extract or re-utilise parts of the content of lamarina-shop.de without our express written consent. All provided trademarks not owned by LA MARINA that appear on our Website are the property of their respective owners while we make reference to brand name merchandise we are in no way endorsed by or associated with these companies. LA MARINA respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Privacy Notice.
3. Our contact details This Website is owned and maintained by Astrid Scheffer, LA MARINA, Friedrich-Ebert-Str. 90, in 34119 Kassel.

4. Order Acceptance Policy lamarina-shop.de reserves the right to refuse services, to closed accounts, to cancel orders, or to terminate referral customer and other marketing programs that it deems harmful to the company. La Marina reserves the right to limit quantities products. La Marina also reserves the right to eliminate products from our website, cancel orders or prohibit access to certain pages at any time.

5. Risk of Loss LA MARINA is responsible for all products until such time that they leave the shop and are handed to a third-party carrier for final delivery, at which time all risk of loss passes to the customer.

6. Product Use Lamarina-shop.de (La Marina) shall not be held liable for any damages resulting from the misuse of any product. Therefore, it is the sole responsibility of the customer to read all product instructions carefully, to use the product strictly for the purpose it was designed for, and to ensure that the product is used in a safe and reasonable manner. Lamarina-Shop.de shall not be held responsible for any damages that occur due to an allergic reaction, or as the result of any other unforeseen occurrence.

7. Age of Use To purchase a product from lamarina-shop.de you must be the legal age of majority as stated by the law of the jurisdiction in which you reside.

8. Product Description Every effort has been made to clearly and fairly identify, and represent products on our website. Price comparisons and other product information are collected from manufacturers specifications, advertised prices, and manufacturers’ recommended retail pricing. Lamarina-shop.de (La Marina) does not guarantee the accuracy of this information.

 

3. Formal Contract

Your order is an offer to LA MARINA to buy the product(s) in your order. When you place an order to purchase a product from LA MARINA, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with LA MARINA in Kassel, represented by Astrid Scheffer. Without affecting your right of cancellation, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product.

You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the 'Your Account' area of the Website.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

 

4. Language of contracts

The languages, provided to conclude a contract with LA MARINA are German and English. We save the text of the contract and send you the order confirmation and the GTC per e-Mail. Any other legal regulations and conditions are provided in German language.

 

5. Payment Conditions

The payment of the goods has to be in EURO. The purchase price has to be paid immediately when the order is completed. For the payment we offer different payment methods.

The following payment methods are available in our shop:

 

Payment in advance

When selecting the payment method 'payment in advance', we will send you our bank details in separate e-mail ('order confirmation') and deliver the goods after receipt of payment. For transfers from other European countries, please use a free SEPA transfer and in non-European foreign countries a foreign bank transfer must be free of charge for La Marina. Failure to comply will result in additional bank charges being charged or delivery of the goods reduced accordingly.

 

PayPal Plus

In the order process you will be handed off to the website of the online provider PayPal. With PayPal PLUS you can pay by PayPal, direct debit, credit card with the three most popular payment methods - even without a PayPal account. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You'll get more information during the ordering process. The goods leave our warehouse immediately after confirmation by Paypal, provided that the ordered goods are available.

 

6. Retention of title

With the delivery you will receive your invoice. The goods remain the property of La Marina until the claims due to the contract have been settled. A change of address of the buyer is to be communicated to us unsolicited until full payment of the invoice (s). Otherwise, the costs of address inquiries will be borne by the customer. The possibly required parcel tracking fee of € 4.00 per post actually delivered will be charged to the customer.

 

7. Delivery Terms

In addition to the stated product prices shipping costs are added. You can find out more about the amount of shipping costs in the offers. From an order value of € 35.00 you will receive free shipments within Germany. You have the option of picking up at La Marina, Friedrich-Ebert-Str. 90, 34119 Kassel, during the following business hours: Monday to Friday from 10am to 6pm except public holidays, and Saturday from 10am to 3pm. La Marina delivers the goods to the specified delivery address. Shipping is standard with our logistics partner DPD. For international shipments, shipping is standard via our logistics partner DHL. If all ordered products are in stock, we deliver, depending on the selected payment method, usually within 3 working days within Germany. For delays in delivery, for example, due to unavailable items, we will inform you immediately by e-mail, if we have a correct e-mail address, or by phone. If necessary, we will carry out a partial delivery. For the forwarding of a partial delivery, we assume the shipping costs. If items are no longer available or not available at the moment, we will inform you immediately. In this case, we reserve the right to withdraw from the contract and not deliver the ordered goods in case of unavailability. If the purchase price has already been paid, we will of course refund it immediately. In case of refusal to accept shipments that have been delivered properly and within a reasonable time, we must charge you for the costs incurred (shipping costs, expenses and bank charges). We deliver our products worldwide at the following conditions.

 

Destination

Shipping Type/ Costs

Shipping Time

Germany

DPD Standard 4,30€

3 - 5 working days

EU Europe

DPD Premium 15,00€

5 - 10 working days

Non EU Europe

DPD Premium 19,90€

5 - 10 working days

International

DHL Premium 36,00€

ca. 10 working days

We are shipping our products all over the world. For further information please contact us. If you order products outside of the European Union, there are possible import tariffs, which are taken when the package reaches your country. All of these additional fees have to be payed by the customer.

 

Place of delivery in the third country area

As a third country, the VAT Law refers to the territories which are not included in the domestic or other Community territory (European Union) for VAT purposes. If the delivery is therefore a delivery to a third country, the turnover according to §4 no. 1 a) in connection with § 6 sales tax law is tax-free as export delivery. As with deliveries within Germany, in the case of cross-border deliveries with the so-called third country, a distinction as to whether the delivery is made to a consumer or an entrepreneur is irrelevant for the location and controllability within the meaning of the VAT Act. Transactions with the third country by mail order should always be considered as tax-exempt export deliveries.

 

Shipping costs to a third country area

For deliveries that do not affect the domestic or the European Union (EU), we offer you shipping with DHL in the premium package. The costs depend on the tariff zones and the weight (maximum weight 31.5kg). By shipping in the premium package, the customs clearance* is already included, so there are no additional import fees for La Marina.

* Please note: Customs or import fees will be charged once the package reaches your country. Customs clearance fees are at your expense. We have no control over these charges and can not predict their amount. Customs regulations vary considerably from country to country. For more information, please contact your local customs office.

The delivery of goods takes place at the expense and risk of the customer to the known delivery and sales conditions. Orders are processed conscientiously as soon as possible in the order in which they are received. Only occasionally do we have to ask for understanding of unavoidable waiting times when an item is out of stock. The availability of the products is displayed in the shop area using the traffic light symbols.

 

8. Transport damages

If goods are delivered with obvious damage in transit, please complain such errors as soon as possible to the deliverer and please contact us immediately. The failure to file a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.

9. Warranty and guarantees

Unless explicitly agreed otherwise below, the statutory warranty rights apply. The limitation period for claims for defects amounts to one year from delivery of the goods.

The above limitations and shortened terms do not apply to claims for damages caused by us, our legal representatives or vicarious agents

•    in case of injury to life, body or health,
•    in case of intentional or grossly negligent breach of duty as well as malice,
•   in case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner may regularly rely (cardinal obligations)
•  as part of a guarantee promise, as far as agreed or

    as far as the scope of application of the Product Liability Act is opened.

In consumer transactions, we can in the case of a generic debt from the claims of the customer to cancel the contract or to reduce the price by the fact that we replace the defective goods against a defect-free within a reasonable period. Unless we are dealing with a generic debt, we may also be exempted from the obligation to provide reasonable price reductions by providing a reasonable improvement in a reasonable manner for the consumer, or supplementing the lack thereof. If it is not a consumer business, then in the sense §§ 377 f HGB the goods are to be examined immediately after delivery at the latest within 6 working days. Any defects found must be reported in writing immediately, but no later than 3 working days after their discovery, stating the nature and extent of the defect. Hidden defects must be reported immediately, but no later than 3 working days after their discovery, in writing. If a complaint is not made or not collected in time, the goods are considered approved.

 

10. Dispute settlement

The European Commission provides an online dispute resolution (OS) platform, available here https://ec.europa.eu/consumers/odr/. We are ready to participate in an out-of-court conciliation procedure before a consumer arbitration board.

 

11. Cancellation policy

You can cancel your contract within 14 days without giving reasons in writing (for example, letter, fax, e-mail) or - if the case before the deadline - by returning the goods. The period begins on receipt of this instruction in writing, but not before receipt of the goods at the recipient and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB and our obligations under § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.

The revocation by returning the goods must be sent to: La Marina, Friedrich-Ebert-Str. 90, 34119 Kassel, Germany, or by e-mail: info@lamarina-kassel.de                                                                                                                                                                                                                         Consequences of Withdrawal                                                                        In the case of an effective revocation, the mutually received benefits shall be returned and any benefits (such as interest) that may have been deducted. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the transfer of goods if the deterioration of the goods is solely due to their examination - as would have been possible in a shop, for example. Incidentally, you can avoid the obligation to pay compensation for the deterioration caused by the intended use of the item by not using the item as if it were your own and refraining from doing anything that would impair its value. You have to bear the regular costs of the return, if the delivered goods correspond to those ordered. Obligations to reimburse payments must be fulfilled within 30 days. The period begins, for you with the dispatch of your revocation or in the case of the return of the object of purchase, with their receipt by us.

 

Exchange or return of good ordered online in our Store

An exchange of products, which were ordered in our Onlineshop, is exclusively possible with La Marina, Friedrich-Ebert-Str. 90, 34119 in Kassel, Germany (www.lamarina-kassel.de). The products can only be exchanged in their original packaging, including any promotional products (gifts) and unopened. An exchange is only possible for a higher or the same amount of the original purchase value (without shipping costs). If the amount exceeds the original purchase value, the customer must pay the difference.

1. Return Time Frame - Your returned item must be returned within 14 days of purchase.

2. Proof of Purchase - all returns, refunds, credit or exchange requests must be accompanied by any of the following Proof of Purchase document: Tax Invoice / Invoice Number

3. Conditions of goods

- The item has not been used

- The item is in resealable condition in its original packaging

- The product or packaging must not be damaged

- The product must not be refilled, mixed or tampered with.

- Freight charges on returned goods will not be paid by www.lamarina-kassel.de (La Marina)

- Seal and secure all goods to ensure unbroken arrival or loss in transit.

 

12. Place of Fulfillment

Place of fulfillment is the seat of our company in Kassel.

 

13. Place of Jurisdiction

German law applies. The applicability of the UN Sales Convention is expressly excluded. The contract language is German. The contracting parties agree on German domestic jurisdiction. If it is not a consumer business, the competent court at the registered office of our company has exclusive local jurisdiction to decide on all disputes arising from this contract.