{"id":1362,"date":"2021-08-18T10:40:54","date_gmt":"2021-08-18T08:40:54","guid":{"rendered":"https:\/\/lemanja.de\/terms-customer-information\/"},"modified":"2021-08-18T12:28:26","modified_gmt":"2021-08-18T10:28:26","slug":"terms-customer-information","status":"publish","type":"page","link":"https:\/\/lemanja.de\/en\/terms-customer-information\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"<h1>General Terms and Conditions<\/h1>\n<h2>Table of Contents<\/h2>\n<ol>\n<li>Scope of Application<\/li>\n<li>Conclusion of the Contract<\/li>\n<li>Right to Cancel<\/li>\n<li>Prices and Payment Conditions<\/li>\n<li>Shipment and Delivery Conditions<\/li>\n<li>Reservation of Proprietary Rights<\/li>\n<li>Warranty<\/li>\n<li>Liability<\/li>\n<li>Redemption of Campaign Vouchers<\/li>\n<li>Redemption of Gift Vouchers<\/li>\n<li>Applicable Law<\/li>\n<li>Place of Jurisdiction<\/li>\n<li>Alternative Dispute Resolution<\/li>\n<\/ol>\n<h2>1) Scope of Application<\/h2>\n<p><b>1.1<\/b>\u2009These General Terms and Conditions of the company Lemanja Fashion GmbH (hereinafter referred to as &#8220;Seller\u201d) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as &#8220;Client\u201d) and the Seller relating to all goods and\/or services presented in the Seller\u2019s online shop. The inclusion of the Client\u2019s own conditions is herewith objected to, unless other terms have been stipulated.<\/p>\n<p><b>1.2<\/b>\u2009Regarding contracts for the delivery of vouchers, these Terms and Conditions apply accordingly, unless expressly regulated otherwise.<\/p>\n<p><b>1.3<\/b>\u2009For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.<\/p>\n<p><b>1.4<\/b>\u2009A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.<\/p>\n<h2>2) Conclusion of the Contract<\/h2>\n<p><b>2.1<\/b>\u2009The product descriptions in the Seller\u2019s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a a binding offer.<\/p>\n<p><b>2.2<\/b>\u2009The Client may submit the offer via the online order form integrated into the Seller\u2019s online shop. In doing so, after having placed the selected goods and\/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and\/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone, fax, e-mail, post or per online contact form.<\/p>\n<p><b>2.3<\/b>\u2009The Seller may accept the Client\u2019s offer within five days,<\/p>\n<ul>\n<li>by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or<\/li>\n<li>by delivering ordered goods to the Client, insofar as receipt of goods by the customer is decisive, or<\/li>\n<li>by requesting the Client to pay after placing his order.<\/li>\n<\/ul>\n<p>The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client\u2019s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.<\/p>\n<p><b>2.4<\/b>\u2009If the Client chooses &#8220;PayPal Express\u201d when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as \u201cPayPal\u201d). The PayPal terms of use will apply; they can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/useragreement-full. In case the Client has no PayPal account, the conditions for payments without PayPal account will apply; they can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax-full.<\/p>\n<p>If the Client chooses \u201cPayPal Express\u201d as payment method, he also initiates a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller hereby declares his acceptance of the Client\u2019s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.<\/p>\n<p><b>2.5<\/b>\u2009When submitting an offer via the Seller\u2019s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller\u2019s online shop prior to sending his order, the order data shall be stored on the Seller\u2019s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.<\/p>\n<p><b>2.6<\/b>\u2009Prior to submitting a binding order via the Seller\u2019s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.<br \/>\nThe Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.<\/p>\n<p><b>2.7<\/b>\u2009The German and the English language are exclusively available for the conclusion of the contract.<\/p>\n<p><b>2.8<\/b>\u2009Order processing and contacting usually take place via e-mail and automated order processing. It is the Client\u2019s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.<\/p>\n<h2>3) Right to Cancel<\/h2>\n<p><b>3.1<\/b>\u2009Consumers are entitled to the right to cancel.<\/p>\n<p><b>3.2<\/b>\u2009Detailed information about the right to cancel is provided in the Seller\u2019s instruction on cancellation.<\/p>\n<p><b>3.3<\/b>\u2009The right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside the European Union at the time of concluding the contract.<\/p>\n<h2>4) Prices and Payment Conditions<\/h2>\n<p><b>4.1<\/b>\u2009Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.<\/p>\n<p><b>4.2<\/b>\u2009Payment can be made using one of the methods mentioned in the Seller\u2019s online shop.<\/p>\n<p><b>4.3<\/b>\u2009In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union .<\/p>\n<p><b>4.4<\/b>\u2009When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as \u201cPayPal\u201d) subject to the PayPal terms of use which can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/useragreement-full. In case the client has no PayPal account, the conditions applicable for payments without PayPal account will be effective. They can be viewed at: https:\/\/www.paypal.com\/de\/webapps\/mpp\/ua\/privacywax-full.<\/p>\n<p><b>4.5<\/b>\u2009If the payment method &#8220;immediate bank transfer&#8221; is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienh\u00f6he 12,80339 Munich (hereinafter referred to as &#8220;IMMEDIATE&#8221;). In order to be able to pay the invoice amount via \u201cimmediate bank transfer,\u201d the Client must have an online banking account with the PIN\/TAN method that is activated for participation in \u201cimmediate bank transfer,\u201d he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client\u2019s bank account debited accordingly. Further information on the payment method \u201cimmediate bank transfer\u201d can be called up by the Client on the Internet at https:\/\/www.sofort.com\/ger-DE\/kaeufer\/su\/so-funktioniert-sofort-ueberweisung\/.<\/p>\n<h2>5) Shipment and Delivery Conditions<\/h2>\n<p><b>5.1<\/b>\u2009Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller\u2019s online order form, the delivery address specified in the online order form shall be decisive. However, in case the Client selects the payment method PayPal, the delivery address deposited with PayPal at the date of payment shall be decisive.<\/p>\n<p><b>5.2<\/b>\u2009Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client\u2019s control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.<\/p>\n<p><b>5.3<\/b>\u2009In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.<\/p>\n<p><b>5.4<\/b>\u2009The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.<\/p>\n<p><b>5.5<\/b>\u2009Personal collection is not possible for logistical reasons.<\/p>\n<p><b>5.6<\/b>\u2009Vouchers will be provided to the Client as follows:<\/p>\n<ul>\n<li>by download<\/li>\n<li>by e-mail<\/li>\n<\/ul>\n<h2>6) Reservation of Proprietary Rights<\/h2>\n<p>If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.<\/p>\n<p><b>6.1<\/b>\u2009If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.<\/p>\n<p><b>6.2<\/b>\u2009If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.<\/p>\n<h2>7) Warranty<\/h2>\n<p>Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:<\/p>\n<p><b>7.1<\/b>\u2009For traders,<\/p>\n<ul>\n<li>a marginal defect shall generally not constitute warranty claims defects,<\/li>\n<li>the Seller may choose the type of subsequent performance,<\/li>\n<li>for new goods, the limitation period for defects shall be one year from transfer of risk,<\/li>\n<li>for used goods, rights and claims for defects are generally excluded,<\/li>\n<li>the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.<\/li>\n<\/ul>\n<p><b>7.2<\/b>\u2009If the client acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.<\/p>\n<p><b>7.3<\/b>\u2009The aforementioned limitations of liability and the restrictions of limitation periods do not apply<\/p>\n<ul>\n<li>to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building\u2019s defectiveness,<\/li>\n<li>to claims for damages and reimbursement of expenses by the Client.<\/li>\n<li>If the Seller has fraudulently concealed the defect.<\/li>\n<\/ul>\n<p><b>7.4<\/b>\u2009Furthermore, for traders the statutory limitation periods for recourse claims pursuant to section 478 of the German Civil Code (BGB) remain unaffected.<\/p>\n<p><b>7.5<\/b>\u2009If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.<\/p>\n<p><b>7.6<\/b>\u2009If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.<\/p>\n<h2>8) Liability<\/h2>\n<p>The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:<\/p>\n<p><b>8.1<\/b>\u2009The Seller shall face unlimited liability regardless of the legal ground<\/p>\n<p>\u2013 in case of intent or gross negligence,<br \/>\n\u2013 in case of injuries of life, body, or health resulting from intent or negligence,<br \/>\n\u2013 in case of a promise of guarantee, unless otherwise provided,<br \/>\n\u2013 in case of liability resulting from mandatory statutory provisions such as the product-liability-law.<br \/>\n.<\/p>\n<p><b>8.2<\/b>\u2009If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.<\/p>\n<p><b>8.3<\/b>\u2009For the rest, the Seller\u2019s liability is excluded.<\/p>\n<p><b>8.4<\/b>\u2009The aforementioned provisions on liability apply also to the Seller\u2019s liability regarding his legal representatives and vicarious agents.<\/p>\n<h2>9) Redemption of Campaign Vouchers<\/h2>\n<p><b>9.1<\/b>\u2009Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter to as &#8220;campaign vouchers\u201d) can be redeemed onla in the Seller\u2019s online shop and only within the indicated time period.<\/p>\n<p><b>9.2<\/b>\u2009Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.<\/p>\n<p><b>9.3<\/b>\u2009Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n<p><b>9.4<\/b>\u2009In case of an order, several campaign vouchers can be redeemed.<\/p>\n<p><b>9.5<\/b>\u2009If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.<\/p>\n<p><b>9.6<\/b>\u2009The campaign voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n<p><b>9.7<\/b>\u2009The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.<\/p>\n<p><b>9.8<\/b>\u2009Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.<\/p>\n<h2>10) Redemption of Gift Vouchers<\/h2>\n<p><b>10.1<\/b>\u2009Vouchers which can be purchased via the Seller\u2019s online shop (hereinafter to as &#8220;gift vouchers&#8221;) can be redeemed only in the Seller\u2019s online shop.<\/p>\n<p><b>10.2<\/b>\u2009Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift vouchers\u2019 purchase. Remaining assets will be credited to the Client\u2019s voucher account.<\/p>\n<p><b>10.3<\/b>\u2009Gift vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.<\/p>\n<p><b>10.4<\/b>\u2009In case of an order, several vouchers can be redeemed.<\/p>\n<p><b>10.5<\/b>\u2009Gift vouchers can be used only for the purchase of goods and not for the purchase of other gift vouchers.<\/p>\n<p><b>10.6<\/b>\u2009If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.<\/p>\n<p><b>10.7<\/b>\u2009The gift voucher credit will not be redeemed in cash and is not subject to any interest.<\/p>\n<h2>11) Applicable Law<\/h2>\n<p><b>11.1<\/b>\u2009The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.<\/p>\n<p><b>11.2<\/b>\u2009Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a Member State of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.<\/p>\n<h2>12) Place of Jurisdiction<\/h2>\n<p>If the Client is a businessman, a legal entity of public law, or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller\u2019s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller\u2019s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract,provided that the contract or claims from the contract can be assigned to the Client\u2019s professional or commercial activities. In any event however, regarding the aforementioned cases, the Seller is entitled to appeal to the court which has jurisdiction over the area where the Client\u2019s place of business is located.<\/p>\n<h2>13) Alternative Dispute Resolution<\/h2>\n<p><b>13.1<\/b>\u2009The EU Commission provides on its website the following link to the ODR platform: https:\/\/ec.europa.eu\/consumers\/odr.<\/p>\n<p>This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.<\/p>\n<p><b>13.2<\/b>\u2009The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in priniciple ready for this.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>General Terms and Conditions Table of Contents Scope of Application Conclusion of the Contract Right to Cancel Prices and Payment Conditions Shipment and Delivery Conditions Reservation of Proprietary Rights Warranty Liability Redemption of Campaign Vouchers Redemption of Gift Vouchers Applicable Law Place of Jurisdiction Alternative Dispute Resolution 1) Scope of Application 1.1\u2009These General Terms and Conditions of the company Lemanja &#8230; <\/p>\n<div><a href=\"https:\/\/lemanja.de\/en\/terms-customer-information\/\" class=\"more-link\">Read More<\/a><\/div>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-blank-1.php","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"class_list":["post-1362","page","type-page","status-publish","hentry","no-post-thumbnail"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v21.2 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>General Terms and Conditions - Lemanja Fashion<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lemanja.de\/en\/terms-customer-information\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"General Terms and Conditions - Lemanja Fashion\" \/>\n<meta property=\"og:description\" content=\"General Terms and Conditions Table of Contents Scope of Application Conclusion of the Contract Right to Cancel Prices and Payment Conditions Shipment and Delivery Conditions Reservation of Proprietary Rights Warranty Liability Redemption of Campaign Vouchers Redemption of Gift Vouchers Applicable Law Place of Jurisdiction Alternative Dispute Resolution 1) Scope of Application 1.1\u2009These General Terms and Conditions of the company Lemanja ... 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