General Terms and Conditions
1. The preambles of the general terms and conditions are hierarchically ranked above the further points in this text. In the event of a conflict between the preamble and a condition point, the preamble shall apply.
2. The items in the online shop are not currently being shipped. They can only be picked up in Darmstadt.
3. All cabinets are supplied as a kit. This means that the speaker and box are delivered separately. The customer must install the speaker into the otherwise finished box themselves. This involves simply screwing in screws and plugging in connectors. The effort takes about 10 minutes and can be done by anyone.
1.1 All services provided by the online shop for the customer are exclusively based on the following general terms and conditions. Deviating regulations shall only apply if they have been agreed in writing between the online shop and the customer.
2. Conclusion of contract
2.1 The offers from the online shop on the internet represent a non-binding invitation to the customer to order goods in the online shop.
2.2 By ordering the desired goods on the internet, the customer makes a binding offer to conclude a purchase agreement.
2.3 The seller immediately confirms the receipt of the order, no later than three business days after receipt of the order. The order confirmation and receipt of a telephone order do not yet constitute a legally binding acceptance. The acceptance of the offer by us only takes place when the goods are ready for shipment. The customer will receive a written shipping confirmation by email within three days. However, they are at most bound to their offer for seven days. The online ordering system generates an email to the customer and seller with the data entered by the buyer. This data is stored in the email system and locally by the seller and will not be passed on to third parties in any case.
2.4 The subject of the contract is the goods ordered by the customer. With regard to the nature, the offer description applies, in the rest, § 434 para. 1 sentence 3 of the German Civil Code (BGB) applies.
3. Return Shipping Costs Agreement, Right of Withdrawal, Exclusion of Right of Withdrawal
3.1 Agreement on Cost Allocation: If the customer makes use of his right of withdrawal, he shall bear the regular costs of returning the goods if the delivered goods correspond to the ordered goods and the price of the goods to be returned does not exceed 2,000.00 euros or if he has not yet fulfilled the consideration or a contractually agreed partial payment for a higher price of the goods at the time of withdrawal. In any other case, the return is free of charge for the customer.
3.2 Right of Withdrawal Instruction: The customer may revoke his contract declaration within 14 days without giving reasons in text form or if the goods have been handed over before the expiry of the deadline by returning the goods. The deadline begins after receipt of this instruction in text form. To comply with the right of withdrawal deadline, it is sufficient to send the revocation or the goods in a timely manner. The right of withdrawal must be addressed to LaRoqua Cabinets, August-Bebel-Str. 9, 63225 Langen, Germany, firstname.lastname@example.org
3.3 Consequences of Withdrawal: In the event of a valid withdrawal, both parties must return the services received and possibly any benefits drawn (e.g. interest). If the customer is unable to return the received services and benefits (e.g. use benefits) in whole, partially or only in a deteriorated state, he must compensate the seller to that extent. The customer must compensate the seller for deterioration of the goods only if the deterioration is due to handling of the goods that goes beyond testing the properties and functionality, as is customary in a retail store. Testing the properties and functionality means testing and trying out the respective goods, as is possible and customary in a retail store. Goods that can be shipped as a parcel must be returned to us at our cost and risk. Goods that cannot be shipped as a parcel will be collected. Obligations to refund payments must be fulfilled within 30 days. The deadline begins with the dispatch of the revocation statement or the goods, and for the seller with their receipt.
3.4 A right of withdrawal does not exist if the goods were manufactured according to the customer's specifications (custom order), are clearly tailored to your personal needs or are not suitable for return due to their nature and in other cases as stipulated in §312d paragraph 4 of the German Civil Code.
4.1 All items will be delivered immediately if available from stock. Delivery is made both within Germany and in EU countries.
4.2 The delivery time within Germany is, unless otherwise specified in the offer, a maximum of 5 working days for items in stock. For items built to customer specifications, the delivery time is up to 60 days.
4.3 If an item is not available on short notice, the seller will inform the customer via email about the expected delivery time. All legal claims remain unaffected.
5. Packaging and Shipping Costs
5.1 We ship via DHL, Hermes, DPD, GLS or carrier.
5.2 For delivery within Germany and packaging costs, the shipping price specified in the offer will be charged. The shipping costs will be shown separately and communicated with each order.
5.3 For orders with an order value of over 2000.00 euros, we deliver within Germany free of shipping costs.
6. Payment and Reservation of Title
6.1 In accordance with §19UstG, the seller is exempt from value added tax (small business regulation).
6.2 The prices in effect on the order date apply.
6.3 The following payment methods are possible for deliveries within Germany: advance payment (the customer is obligated to pay the purchase price by bank transfer after the contract is signed) and advance payment via PayPal (a 2% surcharge on the purchase price applies). The customer will receive an email with the exact invoice data for payment.
6.4 Until full payment has been received, the goods delivered remain the property of the seller (reservation of title according to §§158, 449 BGB). If third parties take enforcement measures against the reserved goods, the customer must immediately inform the seller and provide the necessary documentation for intervention. This applies accordingly to any other type of impairment. Regardless of this, the customer must inform third parties beforehand of the rights existing on the goods.
7.1 If the remedy is carried out by means of a replacement delivery, the buyer is obliged to return the originally delivered goods to the seller within 30 days at the seller's cost. The return of the defective goods must be made in accordance with the legal provisions. The seller reserves the right to claim damages under the legally regulated conditions.
8. Liability for defects
8.1 The seller is liable in cases of intent or gross negligence according to the legal regulations. The liability for guarantees is independent of fault. The seller is only liable for slight negligence according to the provisions of the Product Liability Act due to injury to life, body or health or due to the breach of essential contract obligations. However, the claim for damages for the slightly negligent breach of essential contract obligations is limited to the typical, foreseeable damage, unless liability is incurred due to injury to life, body or health. The online shop is equally liable for the fault of its vicarious agents and representatives.
8.2 The provisions of the preceding paragraph (8.1) apply to damages in addition to performance, damages in lieu of performance, and claims for reimbursement of wasted expenses, regardless of the legal reason, including liability for defects, default or impossibility.
9. Data Privacy
9.1 The seller uses the customer's data to complete the registration process through a confirmation email and to send the customer a confirmation email regarding the orders placed.
9.2 No newsletters or other offers will be sent via email.
9.3 The customer can object to the corresponding use of the data at any time by a short written message.
9.4 Disclosing customer data to unauthorized third parties will not take place.
10.1 The content and works created by the website operators on these pages are subject to German copyright law. Reproduction, editing, distribution and any form of exploitation outside the limits of copyright require the written consent of the respective author. Downloads and copies of this page are only permitted for private, non-commercial use. If the content on this page has not been created by the operator, the copyrights of third parties are respected. In particular, third-party content is clearly marked as such. If copyright infringements should occur unintentionally, we kindly ask for a corresponding note. Upon notification of any legal violations, we will promptly remove such content.
11. Content and Links on Our Sites
11.1 The content on this site was created with the greatest care. However, we cannot guarantee the accuracy, completeness and timeliness of the content. As a service provider, we are responsible for our own content on these pages in accordance with the general laws under §7 para. 1 TMG. However, according to §§ 8 to 10 TMG, as a service provider we are not obligated to monitor transmitted or stored foreign information or to search for circumstances that indicate illegal activity. Obligations to remove or block the use of information under general law remain unaffected. Liability in this regard is only possible from the time of knowledge of a specific violation of law. If any violations of law become known, we will immediately remove such content.
11.2 Our offer includes links to external third-party websites, the content of which we have no influence on. We cannot therefore guarantee this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, permanent content control of the linked pages is not reasonable without concrete evidence of a legal violation. If any legal violations become known, we will immediately remove such links.
12. Concluding Provisions
12.1 The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. German law shall apply. By placing an order, the customer acknowledges the seller's general terms and conditions.
12.2 If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's business location in Langen.