General terms and conditions of business
These general terms and conditions contain the regulations for all contracts that are concluded via the L'AMOTION online shop www.lamotion.com between us, GLAMIRA GmbH (hereinafter "L'AMOTION") and you in your capacity as a buyer.
L'AMOTION reserves the right to change or revise these General Terms and Conditions. The applicable version of the General Terms and Conditions published on the website at the time is decisive for all contracts concluded via the L'AMOTION online shop (GLAMIRA GmbH, Sontraer Strasse 19, 60386 Frankfurt am Main) and you as the buyer . Conflicting general terms and conditions are only effective if they have been expressly recognized in writing by L'AMOTION.
By ordering our products in our online shop, you agree to the General Terms and Conditions and confirm that you are capable of entering into legally binding contracts and that you are at least 18 years old.
2. Conclusion of contract
All our offers are subject to change and non-binding. The products presented in the L'AMOTION online shop do not yet represent a legally binding offer, but a non-binding online catalogue. By completing the ordering process in the online shop, which is done by clicking on the "Order with obligation to pay" button, you make a binding purchase offer for the products you have ordered selected item(s). The purchase contract is only concluded when we send you an e-mail in which we confirm the dispatch of the goods or the order.
After you have placed your order, you will receive an order confirmation from us by e-mail. We ask you to check your order carefully, as you can no longer change the order data after you have received our order confirmation.
L'AMOTION is not responsible for stock shortages and unavailability of products. All products are available while supplies last.
L'AMOTION also reserves the right to change the products specified in the online shop at any time and without prior notice and to limit the number of products that a visitor can buy.
4. Prices and terms of payment
All prices quoted always include the applicable statutory value-added tax. Before completing the order, the costs for shipping, processing and the associated VAT are displayed separately again in the overall overview. By confirming the order, you agree to the price of the goods. A subsequent adjustment of the prices is not possible.
The payment of the goods is possible by the following method(s):
- Credit card, debit card (Mastercard, Visa, MAESTRO)
If payment is made by credit card, it will be debited immediately. We also reserve the right to check the validity, the credit limit and the address details when paying by credit card. If L'AMOTION does not receive authorization, we have the right to cancel your order. We would also like to point out that for foreign payments by credit card, your credit card issuing institute may charge a fee on the foreign turnover (about 1-2%).
You only have the right to offset if your counterclaims have been legally established or acknowledged by L'AMOTION. You are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
The individual terms of delivery and shipping costs are in the menu item Shipping and delivery can be found under "Customer Service".
The ordered goods are delivered by the delivery service commissioned by us. The delivery times stated by us are always non-binding and will be adhered to as far as possible. The delivery period always begins with the date of our order confirmation.
Delays caused by unforeseeable operational disruptions, lack of energy, material and raw materials, official intervention, delays in transport and customs clearance as well as force majeure (e.g. war, conflagration, floods, earthquakes, etc.) extend the agreed deadlines by the corresponding period. If an upcoming delivery is hampered by the occurrence of an event of force majeure, we will notify you immediately.
If the goods cannot be delivered for reasons for which you are responsible (e.g. if the delivery address was not given correctly or the customer cannot be found at the delivery address given, although the delivery time was announced to the customer within a reasonable period of time), you have to bear the outward and return costs in the case of renewed delivery. If you cancel the order after unsuccessful delivery, we will refund the purchase price, but we will retain the shipping costs originally paid to compensate for the time and cost we have incurred.
Upon delivery to you, the shipment must be checked for correctness and completeness.
Detailed information and help with returning the ordered goods can be found under the menu item "Customer Service - Returns and Exchanges".
We incur increased costs for returns that are declared freight collect. We reserve the right to charge you for these additional costs in the event of non-free return.
When returning goods, they must always be in their original condition and packaging. The costs will only be reimbursed if the goods are received by our delivery partner in their original condition. The costs of the return are to be borne by the customer.
7. Right of Withdrawal
In accordance with consumer protection law, the customer has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period begins on the day on which the customer or a third party named by him who is not the carrier took possession of the last goods.
To exercise the right of withdrawal, the customer must contact the company (L'AMOTION, Tilsiter Str.17, 69502 Hemsbach, Germany Mail: email@example.com) by means of a clear statement (e.g. a letter sent by post or email) about the decision to withdraw from the contract. The sample cancellation form attached below can be used for this purpose.
To meet the cancellation deadline, it is sufficient for the communication regarding the exercise of the right of cancellation to be sent before the cancellation period has expired.
Consequences of revocation
If the contract is revoked, L'AMOTION is obliged to immediately repay all payments that the company has received from the customer (excluding delivery costs), but no later than fourteen days from the day on which L 'AMOTION has been received.
For this repayment, L'AMOTION uses the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; under no circumstances will fees be charged for the repayment.
L'AMOTION has the right to refuse repayment until the goods have been received or until the customer has provided proof that the goods have been properly returned, whichever is earlier.
The customer is obliged to return or hand over the goods to the address given on the company website under "Customer Service - Returns" immediately, but no later than fourteen days from the day on which the customer informs L'AMOTION of the cancellation of this contract. The deadline is met if the goods are dispatched before the period of fourteen days has expired. Additional information and help with returning the ordered goods can be found on the company's website under the menu item "Customer Service - Returns".
In order to ensure a safe return, the appropriate return instructions for packaging, postage and insurance must be followed.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the condition, properties and functionality of the goods or to try them on.
The customer must endeavor to return the products in their original condition, ideally in their original packaging, and the products must be accompanied by the return slip.
Sample cancellation form
If you want to revoke the contract, please summarize the following data and send it back.
Tilsiter Str.17, 69502 Hemsbach, Germany
I hereby revoke > Name of consumer(s) < the contract I have concluded for the purchase of the following product(s):____________________________________
ordered on / received on:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in the case of notification on paper):
End of revocation
The statutory warranty regulations apply to all goods from our shop. The warranty period is 24 months and starts from the date of receipt of the goods. An independent guarantee is not granted in addition.
The warranty does not cover normal wear and tear or wear and tear through use.
In the event of defects in the delivered goods, you can either decide to have the defect rectified/replace the goods (if the goods can still be delivered) or to cancel the contract. If a warranty claim occurs, you can return the goods to the contact address provided. However, if it turns out that there is no defect covered by the warranty, L'AMOTION will charge you for the expenses incurred.
Any defects that occur must be reported upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible has no effect on the consumer's warranty claims. If the purchase is a commercial transaction (B2B) for the customer, he must examine the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.
GLAMIRA GmbH is only liable for damages in the event of intent or gross negligence.
The above limitation of liability applies to all claims for damages, regardless of the legal basis, including tortious acts; it does not apply to damage to life, limb or health or to claims under the Product Liability Act. Furthermore, the limitations of liability do not apply to the breach of cardinal obligations, i.e. to contractual obligations that are indispensable for achieving the purpose of the contract.
L'AMOTION is also not responsible for the uninterrupted availability of the services and content offered by our website.
All messages, graphics and the design of our website are for the sole purpose of providing our customers with personal information and are protected by copyright.
11. Severability Clause
If individual provisions of these General Terms and Conditions should be ineffective, invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, instead of the ineffective provision, a new provision will be made that corresponds or comes closest to the economic purpose of the ineffective provision.
12. Written Form
Changes or additions to the contract must be in writing. This also applies to a change in the written form clause.
14. Contract Language
Contract language is German.