These General Terms and Conditions of Business apply to all orders submitted by consumers (Section 13 German Civil Code (Bürgerliches Gesetzbuch, hereinafter “BGB”) to the online shop of
(hereinafter referred to as “Lambert”).
A consumer is every natural person who concludes a legal transaction which is not attributable to his/her commercial or self-employed professional activities. Our customer service is available to you for inquiries, complaints or comments on weekdays from 9:00 until 17:00 under telephone number +49(0)2166 86 83 170 and by e-mail at firstname.lastname@example.org
2.1 The products are displayed in the online shop to enable you to submit an offer to purchase. By clicking on the “Submit order” button at the last stage of the ordering process, you make a binding offer to purchase. Our products are sold for personal use only in usual household quantities.
2.2 We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods within ten days. Receipt of the order is confirmed by an automatic e-mail sent to you directly after you submit your order but does not yet constitute any acceptance of the contract.
2.3 Should our order confirmation contain spelling or printing mistakes or our price calculation be wrong due to technical transmission problems, we are entitled to rescind the order confirmation in which case we must prove our mistake to you. Any payments already made by you will be refunded without delay.
2.4 We store the text of the contract and send you your order data and our General Terms and Conditions of Business by e-mail. You can read our General Terms and Conditions of Business at all times on this website.
The prices quoted on the product pages include the statutory rate of VAT and other price components but do not include postage which is added separately.
4.1 For delivery within Germany, we charge a flat rate of EUR 6.90 EUR per order. For an order value of EUR 100.00 upwards, we deliver free of charge within Germany. We charge a flat rate of EUR 12.50 for delivery to other European countries. For an order value of EUR 200.00 upwards, we deliver free of charge to other European countries. 4.2 For COD payments, an additional charge of EUR 5.00 is made which the delivery agent collects on the spot. No other costs or taxes are incurred.
5.1 Delivery is made within Germany. Deliveries to other European countries are made by individual agreement. 5.2 The delivery period, unless otherwise stated at the time of the offer, lasts up to 24 working days. 5.3 If not all products ordered are in stock, we are entitled to make part-deliveries at our expense, provided this is reasonable for you. 5.4 If delivery of the goods fails despite three attempts, we may withdraw from the contract. Any payments already made by you will be refunded without delay. 5.5 If the product ordered is not available because our supplier has not supplied us with this product, without there being any fault on our part, we may withdraw from the contract. In this event, we will inform you without delay and, if appropriate, suggest delivery of a comparable product. If no comparable product is available or you do not wish to have a comparable product delivered, we will refund any payments made by you without delay.
6.1 Payment is made optionally by COD, advance payment, credit card or credit card via PayPal. 6.2 If you select Advance payment as the type of payment, we give you our bank account details in the order confirmation. The invoice amount must be paid into our account within 14 days. If payment is made by credit card or by credit card via PayPal, then on completion of the order. 6.3 If you get into default with payment, interest in the amount of 5% above the basic rate of interest must be paid on the selling price during the default period. We reserve the right to verify and claim higher default damages. 6.4 You have a right of set-off only if your counterclaims are final and non-appealable or undisputed or we have acknowledged the same in writing. 6.5 From the second reminder level onwards, all discounts and reductions granted to you will become due and payable and will be invoiced to you separately. 6.6 You can exercise a right of retention only if your claims arise from the same contractual relationship.
The goods remain our property until payment in full. Before ownership is transferred, the goods may not be pledged, assigned as security, processed or altered without our consent.
8.1 Consumers have a fourteen-day right of withdrawal. If you purchase as a consumer, i.e. place the order for a purpose that is not attributable to your commercial or self-employed professional activities, you have a 2-week right of withdrawal about which we inform you below: Right to withdraw You have the right to withdraw from this contract within fourteen days without stating a reason. The withdrawal period is fourteen days from the day - on which you or a third party named by you, who is not the carrier, has taken possession of goods in several parts or pieces as part of a single order and delivered separately; - on which you or a third party named by you, who is not the carrier, has taken possession of the goods in the case of a contract for several goods ordered as part of a single order and delivered separately; - on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece. In the case of more than one of the alternatives outlined above, the withdrawal period begins when you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece of merchandise. To exercise your right to withdraw you must inform us, by means of an unequivocal declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. Please send your notice of withdrawal to:
Fax: 02166/86 83 83 170
You may use the attached sample withdrawal form for this purpose, but you are not obligated to do so. It is sufficient for compliance to the withdrawal terms if the declaration of exercising the right of withdrawal is sent before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we will reimburse to you all payments received from you, including the delivery costs (with the exception of additional costs resulting from your decision to use a delivery method other than the least expensive type of standard delivery offered by us), without any undue delay and within no more than fourteen days after receipt of your notification to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received back the goods or until you have provided evidence that you have returned the goods, whichever is earlier. You are obliged to return the goods without undue delay and in any event no later than two weeks after the day on which we are informed about your decision to withdraw from this contract, to
Lambert GmbH c/o Vetten Lagerlogistik GmbH & Co. KG Oppelner Straße 2 41199 Mönchengladbach Germany
The deadline is met if you send the goods before the withdrawal period of 14 days has expired. We shall bear the cost of returning the goods. You are only liable for any diminished value of the goods resulting from any unnecessary handling of the goods on your part to establish the nature, characteristics and functioning of the goods. Exclusion from the right to withdraw The right to withdraw does not apply to contracts for the supply of goods bought at a distance which are “made to order”, i.e. goods produced according to customer specification or clearly tailored to a customer’s personal requirements ; furthermore the right to withdraw does not apply to goods that are not suitable for return due to their condition, or goods likely to deteriorate rapidly or which have passed their best before date. End of instructions on withdrawal Notification of withdrawal form
8.2 There is no right of withdrawal if the goods delivered were made according to customer specifications or clearly tailored to your personal requirements. 8.3 If, after exercising the right of withdrawal, you are unable to return items received to us either wholly or in part or can do so only in a diminished state, you must compensate us for any loss of value. This does not apply if the diminished state of the goods is due solely to their examination in the manner that would have been possible for you in a shop. You can avoid the duty to compensate the value of the diminishment for use for the intended purpose if you do not use the item as your property and refrain from doing anything that impairs its value. 8.4 Please return the goods postage-paid and keep your proof of posting in a safe place. We can refund the costs of postage to you in advance on request, unless they are payable by you. 8.5 Costs of return postage when exercising the right of withdrawal: If you exercise your statutory right of withdrawal (see Notification of the right of withdrawal), you must pay the normal costs of return postage if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed the amount of 40 euros or if, in the event of the item having a higher price, you have not made payment or a contractually agreed part-payment at the time of cancellation. Otherwise the return of the goods is free of charge for you.
9.1 If the goods are delivered with obvious transport damage, please complain about such damage immediately to the delivery agent and contact us as soon as possible on the service line +49(0)2166 86 83170 or by e-mail to email@example.com. 9.2 Failure to make a complaint or to contact us has no consequences whatsoever for your statutory warranty rights. However, you do help us to make our own claims against the freight forwarder or transport insurer.
We exclude liability on our part for slightly negligent breaches of duty provided that these do not affect any major contractual duties or damages arising from harm to life, physical injury or harm to health or guarantees or any claims under the German Product Liability Act (Produkthaftungsgesetz). The same applies to breaches of duties of our employees and agents.
Should any provision of these General Terms and Conditions of Business be or become invalid, this shall not affect the validity of the remainder of the contract. The pertinent statutory provisions apply instead of the invalid provision.
Valid from 30 October 2012