Terms And Conditions
1. Scope
These General Terms and Conditions apply to all orders made via our online shop by consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
For entrepreneurs, these Terms and Conditions also apply to future business relationships, without the need to reference them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their applicability is hereby rejected; they will only become part of the contract if we have expressly agreed to them.
2. Contractual Partner, Conclusion of Contract
The contract is concluded with La Fume GmbH.
The presentation of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalog. You can initially add our products to the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent to you via email immediately after the order has been submitted.
When the contract with us is concluded depends on the payment method you choose:
Prepayment: We accept your order by sending an acceptance declaration in a separate email within two days, in which we provide our bank details.
PayPal Plus: As part of the PayPal Plus payment service, we offer various payment methods via PayPal services. After placing the order, you will be redirected to the PayPal website, where you can provide your payment details and confirm the payment instructions to PayPal. The contract with us is concluded through this process.
Sofort: After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you will confirm the payment instructions. This concludes the contract with us.
Credit Card, Invoice Purchase via Klarna, Giropay: The contract is concluded with us as soon as the goods are shipped. Only then will the amount be charged.
3. Language of the Contract, Storage of the Contract Text
The language available for the conclusion of the contract is German.
The contract text is not stored by us.
4. Delivery Conditions
In addition to the prices for the products listed, shipping costs will apply. Details about the shipping costs can be found in the offers.
5. Payment
In our shop, the following payment methods are generally available:
Prepayment: If you choose prepayment, we will send you our bank details in a separate email and deliver the goods after receiving the payment.
PayPal Plus: As part of the PayPal Plus payment service, we offer various payment methods via PayPal services. You will be redirected to the PayPal website, where you can provide your payment details and confirm the use of your data by PayPal and the payment instructions to PayPal.
If you choose PayPal as a payment method, you must be registered with PayPal or register and authenticate with your access data in order to make the payment. The payment transaction is automatically carried out by PayPal immediately after confirming the payment instructions. Additional instructions will be provided during the order process.
If you choose the credit card payment method, you do not need to be registered with PayPal to make the payment. The payment transaction will be carried out immediately after confirming the payment instructions and after your authentication as the legitimate cardholder by your credit card company upon PayPal's request, and your card will be charged. Additional instructions will be provided during the order process.
Credit Card: You have the option to pay with MasterCard or AMEX. Your account will only be charged when the goods are shipped.
Invoice Purchase via Klarna: You can purchase your goods via Klarna's invoice purchase with us. Creditworthiness required. Your account will only be charged when the goods are shipped.
Installment Purchase via Klarna: You can purchase your goods via Klarna's installment purchase with us. Creditworthiness required. Your account will only be charged when the goods are shipped.
Giropay
Sofort: After placing the order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account with PIN/TAN procedure enabled, authenticate accordingly, and confirm the payment instructions to us. Additional instructions will be provided during the order process. The payment transaction will then be carried out by Sofort and your account will be charged.
6. Coupons / Discount Codes
Vouchers, discount codes, and other promotional price reductions (“Coupons”) issued by La Fume are valid only within the specified promotional period and can be redeemed exclusively in the LaFume online shop. Unless otherwise stated, coupons are valid for a single use per customer, are non-transferable, and cannot be combined with other discounts or promotional offers. Cash payment or retroactive application to completed orders is excluded. Certain products or product categories may be excluded from redemption; such exclusions will be indicated within the respective promotion. Unless otherwise specified, coupons apply only to private customers.
7. Retention of Title
The goods remain our property until full payment has been made.
For entrepreneurs, the following applies additionally: We retain ownership of the goods until the full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; any claims arising from this resale, regardless of whether the goods have been mixed or connected with a new product, are assigned to us in advance in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not fulfill your payment obligations.
8. Damaged Goods in Transit
For consumers:
If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to report a defect or contact us has no consequences for your statutory rights, particularly your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. Among merchants, the obligation to inspect and notify under § 377 of the German Commercial Code (HGB) applies. If you fail to notify us, the goods are deemed approved unless the defect was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
9. Warranty and Guarantees
Unless expressly agreed otherwise, the statutory warranty rights apply. For consumers, the limitation period for warranty claims for used goods is one year from the delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation periods for recourse claims under § 478 of the German Civil Code (BGB) remain unaffected.
Regarding entrepreneurs, only our own statements and the product descriptions provided by the manufacturer, which are incorporated into the contract, apply as agreements regarding the condition of the goods; we do not assume liability for public statements made by the manufacturer or other advertising statements.
If the delivered goods are defective, we will initially provide warranty by either repairing the defect (remedy) or delivering a defect-free item (replacement delivery) at our discretion.
The above limitations and shortened deadlines do not apply to claims due to damages caused by us, our legal representatives, or agents:
in case of injury to life, body, or health
in case of intentional or grossly negligent breach of duty and fraud
in case of violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contracting party regularly relies (cardinal duties)
within the scope of a guarantee promise, if agreed
as far as the product liability law applies.
Information about any applicable additional guarantees and their specific terms can be found on the product pages and on specific information pages in the online shop.
Customer Service: You can reach our customer service for questions, complaints, and claims on weekdays from 9:00 AM to 6:00 PM at the phone number +49 (0)5132 - 8214860 or by email at info@lafume.de.
10. Liability
We are fully liable for claims due to damages caused by us, our legal representatives, or agents:
in case of injury to life, body, or health,
in case of intentional or grossly negligent breach of duty,
for guarantee promises, if agreed, or
as far as the product liability law applies.
In case of breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract and on which the contracting party regularly relies, (cardinal duties) due to slight negligence by us, our legal representatives, or agents, liability is limited to the damage foreseeable at the time of contract conclusion, with which one can typically expect. Otherwise, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.
We are not obligated and not willing to participate in a dispute resolution procedure before a consumer dispute resolution body.
12. Severability Clause
If any provision of these Terms and Conditions is or becomes invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect. In place of the invalid, void, or unenforceable provision, the valid and enforceable provision shall apply that most closely reflects the economic intent of the parties. The same shall apply in cases where these Terms and Conditions prove to contain an omission.
13. Final Provisions
If you are an entrepreneur, German law applies excluding the UN Sales Convention.
If you are a merchant in the sense of the German Commercial Code (HGB), a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business location.
