Terms and Conditions

§1 scope
(1) These general terms and conditions (hereinafter: GTC) apply to all contracts concluded between us via our online shop,
LA NICA GmbH,
Hohenzollernstrasse 78,
80801 Munich,
Managing Director: Christoph Thiem,
Phone: +49 89 95464586
E-mail: info@lanica.de
and you as our customer.
Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted. (2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

§2 Subject matter of the contract The subject of the contract is the sale of goods. The details, in particular the essential features of the goods, can be found in the item description and the additional information on the provider's website.

§3 conclusion of contract
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract, but an invitation to order.
(2) The customer can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". The customer can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering personal data as well as the terms of payment and shipping, all order data is then displayed again on the order overview page. If the customer uses an instant payment system (e.g. PayPal) as the payment method, he is either in our online -Shop is led to the order overview page or it is first redirected to the website of the provider of the instant payment system. If the forwarding to the respective instant payment system takes place, the customer makes the appropriate selection or input of his data there. Finally, the customer is returned in our online shop to the order overview page. Before submitting the order, the customer has the opportunity to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase. By submitting the order using the "order with obligation to pay" button, the customer submits a binding offer to the provider. The customer first receives an automatic email about the receipt of his order, which does not yet lead to the conclusion of a contract.
(3) You can order goods or services in our online shop as a guest or as a registered user. As a registered user you do not have to provide your personal data every time, you can simply log into your customer account with your e-mail address and the password you freely selected when registering before or when placing an order. With the registration alone there is no purchase obligation with regard to the goods offered by us. For information on the processing of your data, please read our Data protection information, which you can access under the following link https://lanica.de/policies/privacy-policy. When you register, you choose a personal username and password. You may not pass on the password for your customer account to third parties. In the event of a transfer, you are responsible for orders from a third party and the resulting claims if the latter orders via your customer account.
(4) The acceptance of the offer (and thus the conclusion of the contract) takes place either by means of confirmation in text form (e.g. email), in which the processing of the order or delivery of the goods is confirmed to the customer, or by sending the goods or the provision of the ordered goods to Download. If the customer has not received an order confirmation or notification of delivery or no goods within 7 days, he is no longer bound to his order. Your right of withdrawal remains unaffected. In this case, any services already rendered will be reimbursed immediately.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. The customer must therefore ensure that the email address he has stored with the provider is correct, that the receipt of the emails is technically ensured and, in particular, is not prevented by SPAM filters.

§4 Contract language, contract text storage The contract language is German. The full text of the contract will not be saved by the provider. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After the order has been received by the provider, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to the customer again by email.

§5 prices, shipping costs
(1) The prices quoted in the respective offers including VAT and shipping costs represent final prices. They include all price components. Only the payment methods indicated to the customer during the ordering process will be accepted. These are prepayment, invoice (Klarna), credit cards (VISA, MASTERCARD, AMERICAN EXPRESS), PayPal, Apple Pay, Google Pay. If the delivery takes place in non-EU countries, additional duties, taxes or fees may be payable by the customer, but not to the provider, but to the customs or tax authorities responsible there. The customer is advised to ask the customs or tax authorities for details before ordering.
(2) The shipping costs incurred are not included in the purchase price. They are based on the respective specific purchase offer and the shipping information provided therein, are shown separately in the course of the ordering process, can be called up via a separate button on the website and are to be borne by the customer in addition, unless free shipping has been promised.

§6 Payment and Shipping Conditions
(1) The customer has the payment options mentioned in the specific offer and the payment options that can be called up via a separate button on our website.
(2) Unless a different period is specified in the item description or the shipping information of the supplier, the delivery of the goods takes place within 1-3 working days after conclusion of the contract, in the case of advance payment only after receipt of the full purchase price and the shipping costs.
(3) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(4) For consumers, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred when the goods are handed over to the customer, regardless of whether the shipment is insured or uninsured.

§7 Right of Retention, Retention of Title, License
(1) The customer can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain the property of the provider until the purchase price has been paid in full.

§8 warranty
(1) The statutory warranty rights apply.
(2) As a consumer, the customer is asked to check the goods for completeness, obvious defects and transport damage immediately upon delivery and to notify the provider and the forwarding agent of any complaints as soon as possible. If the customer does not comply, this has no effect on the statutory warranty claims.

§9 liability
(1) The provider is fully liable for damage resulting from injury to life, limb or health, in all cases of willful misconduct and gross negligence, in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the object of purchase, in the event of damage the Product Liability Act and in all other legally regulated cases.
(2) If essential contractual obligations are affected, the liability of the provider in the case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract and on compliance with which the customer can regularly rely.
(3) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(4) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, the provider is not liable for the constant or uninterrupted availability of the website and the services offered there.
(5) This liability regulation does not cover claims under data protection law.

§10 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the existing business relationships with the provider as well as the place of jurisdiction is the seat of the provider, insofar as the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.

§11 Dispute resolution consumer information according to Regulation (EU) No. 524/2013: http://ec.europa.eu/consumers/odr/ Our email is: info@lanica.de
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.