Conditions of sale, delivery and payment Consumers
Your contractual partner for all orders on our website is
LADA.shop
De Factorij 50
1689AL Zwaag
Netherlands
Е-Mail: [email protected]
Web: www.lada.shop
Phone: +31610919604
VAT no.: NL002096526B70
Commercial register: 60399465
The following general terms and conditions apply to all purchases made by consumers via the online shop www.lada.shop. As a consumer acts the one who according to § 13 BGB predominantly neither commercial nor self-employed professional becomes active. By clicking the button "Buy", the following terms of sale, delivery and payment are accepted by LADA.shop ("we") and apply to the further contractual relationship between us and the customer ("you").
1. conclusion of the contract in electronic business transactions
The presentation of the products in our online shop does not constitute a legally binding offer to conclude a sales contract. It is merely a request for the submission of a binding offer by you. You have to create a customer account for an order with us. We will guide you through the necessary input masks within the framework of order processing.
By clicking on the "Buy" button, you make a binding offer to conclude a purchase contract for the goods in the shopping basket ("Order"). As soon as we have received your order, you will receive an e-mail confirming receipt of your order and listing its details ("order confirmation").
The binding acceptance of your offer takes place by sending the ordered goods. When the goods leave our order warehouse and are dispatched to you, you will receive a dispatch and contract confirmation by e-mail. If goods from a single order are shipped in more than one package, you may receive a separate shipping and contract confirmation for each package. However, even then only one uniform contract is concluded.
Your orders will be stored by us after conclusion of the contract, but can no longer be retrieved by you after completion of the order process. Before sending your order, i.e. before clicking the "Buy" button, you will be given the opportunity to recognize and correct input errors. Please check your order carefully.
You can print out your order data immediately after submitting your order. If you wish to review your order documents again, please contact us by e-mail or telephone. We will be happy to send you a copy of the data relating to your order.
Only orders from customers who have reached the age of 18 will be processed.
2. revocation instruction
Consumers (§ 13 BGB) have a legal right of withdrawal with regard to the online purchase of goods in accordance with the following instructions.
Right of revocation for consumers
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (LADA.shop, De Factorij 50, 1689AL Zwaag, Netherlands, tel. +31610919604, email [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
For goods that can normally be returned by post:
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You must return or hand over the goods to the following address immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest: LADA.shop, De Factorij 50, 1689AL Zwaag, Netherlands, tel. +31610919604, email [email protected]
This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
For goods that cannot normally be returned by post (e.g. spare parts that cannot be packaged):
You only have to pay for any loss in value of the goods if this loss in value is due to handling them that is not necessary for checking the condition, properties and function of the goods.
- End of the revocation instruction -
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To: LADA.shop, De Factorij 50, 1689AL Zwaag, Netherlands, tel. +31610919604, email [email protected]
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
- date
________
(*) Delete as appropriate.
Exceptions to the right of withdrawal
There are legal exceptions to the right of withdrawal (§ 312g BGB), whereby we reserve the right to refer to the following regulations: A right of revocation does not exist for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
A right of revocation does not exist for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
Furthermore we point out to you that according to § 357 Abs. 7 Nr. 1 BGB (German Civil Code) you have to compensate us for the loss in value, which is due to a handling of the goods, which was not necessary for the examination of the condition, the characteristics and the functionality of the goods. In the jurisdiction it was decided that also the installation of motor vehicle parts is to be regarded as "not necessary".
3. costs, delivery and dispatch
Shipping costs depend on destination and weight.
We charge the applicable statutory value added tax (VAT) of the destination country.
Delivery time:
If in stock we will always deliver as soon as possible, the delivery time also depends on the delivery address and the country of destination.
For the delivery we depend on third parties, delivery time mentioned by us is therefore always an expected delivery time, based on averages to give an indication.
4. acceptance of the goods
For the dispatch of your order we use among other things parcel services. If a delivery arrives damaged, we would like to ask you for the following: If possible, complain the damaged goods directly to the employee of the parcel service and document the degree and extent of the damage. Your warranty rights will not be limited or affected.
You can refuse to accept damaged goods. Please contact us by telephone, e-mail or in person at the above addresses in the event of delivery of a damaged item. This will help us to assert our claims against the parcel service and at the same time improve our service to you.
5. terms of payment
Prepayment:
The amount to be paid will be transferred to our bank account.
Purpose of payment: Order number.
The order number will be sent to you by e-mail after an order has been placed. In addition, it will also be displayed directly after an order has been placed. The dispatch takes place after the payment on our account is received. This usually results in a bank term of up to 3 working days.
Credit card:
After you have chosen credit card as your payment method, please click on "Buy". You will then be redirected to a secure page where you can select your credit card type. Finally, you must enter the correct credit card details and confirm the payment. Your credit card account will be debited upon completion of the order.
PayPal:
After confirming your order you will be redirected to PayPal. Log in and make the payment. In order to make a payment via PayPal, you need a PayPal account. There are no further fees for you.
Sofortüberweisung(Klarna group), Ideal(NL) and Mr Cash (BE):
Payment procedures where you can easily transfer the respective amount from your online bank account and where we receive immediate notification of your payment.
6. delay/right of retention
If you are in arrears with payment, we reserve the right to charge you reminder fees for necessary reminders, unless you prove to us that the costs for the reminders did not arise at all or are significantly lower than the asserted reminder fees. The reminder charges for the 1st reminder amount to € 5.00 and for the 2nd reminder € 10.00.
In addition, we shall be entitled to claim interest in the amount of five (5) percentage points above the applicable base interest rate in the event of default in payment.
The assertion of further default damages is not excluded by the assertion of reminder fees and/or interest claims.
You are entitled to a right of retention (i) insofar as this is based on the same contractual relationship; and/or (ii) insofar as the counterclaims on which the assertion of the right of retention is based are undisputed or have been legally established.
Retention of title
The goods remain our property until full payment has been made (reservation of title according to § 455 BGB).
7. warranty
The statutory warranty provisions apply. The legal warranty period is 12 months and begins with the delivery of the goods to you. Excluded from the warranty are damages caused by natural wear and tear, improper use or insufficient or incorrect care of the goods. The warranty is excluded for defects and damage resulting from unsuitable or improper use (assembly), non-observance of application instructions or incorrect handling. The warranty expires if you carry out interventions and/or repairs on parts or have them carried out by persons commissioned by you who have not been authorised by us, to the extent that the defect that has occurred is due to this or the damage has been increased accordingly. In the event of a warranty claim, you are entitled, at your option, to assert a right to remedy the defect or to deliver defect-free goods (subsequent performance). If the chosen type of subsequent performance is associated with disproportionately high costs, the claim is limited to the remaining type of subsequent performance. We will point this out to you if necessary.
Further rights, in particular the rescission of the purchase contract or reduction, can only be asserted after expiry of a reasonable period for subsequent performance or after the subsequent performance has failed twice. If there is a special manufacturer's warranty which you can claim in addition to the warranty, this will be stated in the respective product description. This warranty only applies to the respective product.
8. the legal liability regulations apply.
9th Online Dispute Resolution (OS) Information
For Online Dispute Resolution (OS), the European Commission provides a platform, which can be found at https://ec.europa.eu/consumers/odr . Our company is generally not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Final provisions
The law of the Netherlands shall apply to this contract to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
We do not participate in any dispute resolution proceedings before a consumer arbitration body.
Zwaag, Netherlands, 2019