1.1 For all contracts, deliveries, and other services (e.g., purchase of vouchers) between LAFORT Sp. z o.o., Chodakowska 53/57 / 22A, 03-816 Warszawa, Poland (hereinafter referred to as "seller") and the customer, the following General Terms and Conditions ("GTC") in their version valid at the time of the order apply; they can be accessed and printed on the seller's website at https://www.spryterium.com/en/terms-condition/index.html. Deviating terms and conditions do not apply unless expressly agreed in writing.
1.2 Customers within the meaning of these terms and conditions are both consumers and entrepreneurs ("customer"). Consumers within the meaning of the terms and conditions are natural persons who conclude legal transactions for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 BGB - German Civil Code). Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or self-employed professional activity when concluding the contract (§ 14 BGB).
2. Conclusion of Contract
2.1 The offers and product presentations of the seller in the online shop do not constitute legally binding offers by the seller but rather a non-binding invitation to the customer to order goods.
2.2 Orders can be placed by the customer through the online shop of the seller at https://www.spryterium.com.
2.3 Once the customer has found the desired product, they can view it in more detail by clicking on the product name or image. By clicking the button [BUY], the customer can add the desired product to the shopping cart. The content of the shopping cart can be viewed at any time by clicking the icon [SHOPPING CART] located in the upper right corner. The customer can remove products from the shopping cart by clicking the icon [REMOVE] located to the right of the respective product. The quantity of desired products can be changed in the corresponding text field by clicking the [+] or [-] sign located to the right of the respective product; the desired product quantity will be automatically updated. To proceed with the order of the products in the shopping cart, the customer must click the [PROCEED TO CHECKOUT] button. In the shopping cart, the customer has the option to remove products from the cart by clicking the icon [REMOVE] located to the right of the respective product or to change the quantity of desired products in the corresponding text field by clicking the [+] or [-] sign located to the right of the respective product; the desired product quantity will be automatically updated. After confirming the checkbox regarding the acknowledgment and acceptance of our GTC, as well as the acknowledgment of the right of withdrawal, the customer can proceed either by clicking the [PROCEED TO CHECKOUT] button or the [PAYPAL] button.
2.3.1 By clicking the [PROCEED TO CHECKOUT] button, the customer can enter their personal order data (email address, name, shipping address, etc.) in the next step [INFORMATION]. The customer also has the option to enter a gift card or discount code in the text field [GIFT CARD OR DISCOUNT CODE] located on the right side and redeem it by clicking the adjacent [APPLY] button. After clicking the [PROCEED TO SHIPPING] button, the customer can select the shipping method. Furthermore, the customer can change the previously provided order data and shipping address. After clicking the [PROCEED TO PAYMENT] button, the customer can select the desired payment method and enter the corresponding payment details in the next step [PAYMENT]. Input errors can be corrected by navigating backward in the browser or canceling the order process and starting again. To complete the purchase, the customer must click the [BUY NOW] button. This will send the order to us.
2.3.2 By clicking the [PAYPAL] button, the customer will be automatically redirected to our payment service provider PayPal via another button. If the customer has a PayPal account, they can log in and select the desired shipping address and payment method in the following input mask. If the customer does not have a PayPal account, they can either open a new PayPal account and then complete the payment process with PayPal or choose an alternative payment method. After clicking the [CONTINUE] button, the customer will be automatically redirected back to our shop, where they can select the desired shipping method. Furthermore, the customer has the option to enter a gift card or discount code in the text field [GIFT CARD OR DISCOUNT CODE] located on the right side and redeem it by clicking the adjacent [APPLY] button. The customer can also change the previously provided order data and shipping address here. After clicking the [PROCEED TO PAYMENT] button, the customer can select the desired payment method and enter the corresponding payment details in the next step [PAYMENT]. Input errors can be corrected by navigating backward in the browser or canceling the order process and starting again. To complete the purchase, the customer must click the [BUY NOW] button. This will send the order to us.
2.4 By placing an order, the customer submits a binding offer to conclude the contract, which can be accepted by the seller. The confirmation of receipt of the order will be sent to the customer's email address immediately after the order has been submitted. The order confirmation does not yet constitute acceptance of the contract by the seller. The seller can accept the customer's offer within 48 hours after receipt of the order by sending an order confirmation to the customer, whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer. If several of the aforementioned alternatives are available, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent. If the customer selects "PayPal" or "advance payment by bank transfer" as the payment method in the order process through our online shop, the contract with the customer is concluded at the time of confirmation of the payment instruction to PayPal or upon placing the order (advance payment by bank transfer).
2.5 The contract is concluded with: LAFORT Sp. z o.o., Chodakowska 53/57 / 22A, 03-816 Warszawa, Poland, represented by Ruslans Zubkins. VAT identification number according to § 27a UStG (German Value Added Tax Act): PL1133049365.
2.6 The customer agrees to receive invoices electronically. Electronic invoices will be sent to the customer in PDF format via email or made available for download within the customer account.
3. Storage of Contract Text
The seller stores the contract text and sends it to the customer, along with the general terms and conditions and customer information of the seller, in written form after the conclusion of the contract. Additionally, the customer has the option to print both the order and the general terms and conditions before submitting the order to us. If the customer has created a customer account in the online shop of the seller before sending the order, the contract text will also be stored in the customer's password-protected account, which the customer can access after logging into their customer account using the corresponding login details.
4. Right of Withdrawal
4.1 The following right of withdrawal only applies if you are a consumer; if you are an entrepreneur and act in the conclusion of the contract in the exercise of your commercial or self-employed professional activity, the following right of withdrawal does not apply.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us (LAFORT Sp. z o.o., Chodakowska 53/57 / 22A, 03-816 Warszawa, Poland, email: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before
the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Exclusion or Premature Expiry of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are liable to deteriorate or expire rapidly.
The right of withdrawal expires prematurely in the case of contracts for the supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To LAFORT Sp. z o.o., Chodakowska 53/57 / 22A, 03-816 Warszawa, Poland Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
5. Prices and Shipping Costs
5.1 All prices listed are final prices, including all components such as the statutory value-added tax.
5.2 We calculate the following shipping costs, which will be clearly communicated to the buyer before placing the order and during the ordering process:
For Germany, Austria, and Switzerland:
- We charge a flat rate of 5 EUR per order.
- Shipping costs are waived for orders with a total value of 100 EUR or more.
5.3 The goods are sold only in commercial quantities. This applies both to the number of ordered goods within one order and to the submission of multiple orders of the same product, where each individual order includes a customary household quantity.
5.4 In individual cases, additional costs may arise for which the seller is not responsible and which are to be borne by the customer. These may include costs for money transfer by financial institutions (e.g., bank transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may occur particularly in relation to money transfers from a country outside the European Union.
6. Delivery Conditions and Delivery Time
6.1 We sell and deliver exclusively within Germany, Austria, and Switzerland. The shipment will be made via DHL, freight forwarder, or another provider of our choice.
6.2 Unless otherwise indicated in the respective offer, the goods will be delivered within 3-6 working days. The delivery time is the period between placing the order and delivering the ordered goods, or for orders with payment in advance, the period between payment and delivery.
7. Payment Terms
7.1 Payment can be made by prepayment, PayPal, or credit card. However, the seller reserves the right not to offer certain payment methods for each order and to refer to other payment methods.
7.1.1 If the customer chooses the prepayment payment method, we will provide our bank details in the order confirmation. For transfers from outside the European Union, any bank charges are to be borne by the customer. The total amount must be transferred to our account within 5 working days of receiving the order confirmation. The delivery period starts with receipt of the total amount.
7.1.2 If the customer chooses the PayPal payment method, the invoice amount will be paid via the online payment provider PayPal. The customer will be redirected to the PayPal website, www.paypal.de. The customer must be registered with PayPal or, if necessary, register for the first time, then log in with their access data to PayPal and confirm the payment instruction to the seller. The payment to the seller is made immediately after the customer's confirmation through their PayPal account. The "PayPal User Agreement" of PayPal (Europe) S.à r.l. & Cie, S.C.A. in its currently valid version applies. The shipment will take place after PayPal confirms the payment.
7.1.3 If the customer selects "credit card" as the payment method, the customer expressly authorizes us to charge the full invoice amount plus any applicable delivery and shipping costs to the selected credit card company. The charge will be made with the order confirmation.
7.2 If the customer is a consumer, the purchase price shall be subject to interest of 5 percentage points above the base interest rate from the occurrence of payment default during the default. If the customer is not a consumer, the interest rate during payment default is 9 percentage points above the base interest rate. The seller reserves the right to prove and assert higher default damages.
8. Redeeming Vouchers
8.1 Vouchers purchased through the seller's online shop can only be redeemed in this online shop via the designated text field during the ordering process; redemption via phone, letter, fax, or email is not possible.
8.2 When placing an order, multiple vouchers can be redeemed. Vouchers can only be used for the purchase of goods and not for purchasing additional vouchers. Cash payment or refund of voucher amounts is not possible. If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the remaining amount.
8.3 Vouchers and remaining balances from vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the customer's voucher account until the expiration date.
8.4 The voucher is transferable. The seller can fulfill its obligations to the respective holder who redeems the voucher in the seller's online shop. However, this does not apply if the seller has knowledge or grossly negligent ignorance of the holder's lack of authorization, legal incapacity, or lack of representation authority.
9. Warranty
9.1 If the customer is a consumer and places an order with the seller for a purpose that cannot predominantly be attributed to either their commercial or professional activity, the statutory warranty rights apply to our goods.
9.2 If the customer places an order with the seller as a business entity, the following applies:
9.2.1 Delivered goods must be examined by the customer immediately after receipt, to the extent feasible in the regular course of business. If a defect becomes apparent, the seller must be notified immediately. If the customer fails to give notice, the goods will be deemed approved unless the defect was not recognizable during the examination. If such a defect becomes apparent at a later time, notice must be given without delay, otherwise, the goods are also deemed approved in respect of this defect. This does not apply if the seller fraudulently concealed the defect. § 377 HGB remains unaffected. Even in cases of recourse by the business entity according to § 478 BGB, the customer is not exempted from their duty to examine the goods. If, in such cases, the customer does not immediately notify the seller of the defect claimed by their purchaser, the goods are also deemed approved in respect of this defect.
9.2.2 If a defect is present, the seller is entitled to determine the type of subsequent performance, taking into account the nature of the defect and the legitimate interests of the customer. In these contracts, subsequent performance is deemed to have failed after three unsuccessful attempts. This does not apply in the case of recourse according to § 478 BGB.
9.2.3 In the case of subsequent performance for defects, the seller is only obligated to bear the necessary expenses, including transport, travel, labor, and material costs, to the extent that these do not increase because the item was transported to a location other than the customer's domicile or business premises. This does not apply in the case of recourse according to § 478 BGB.
9.2.4 The customer's warranty claims, including claims for damages, expire after one year. The aforementioned limitations and reductions in time do not apply to claims based on damages caused by the seller, its legal representatives, or agents due to injury to life, body, or health, deliberate or grossly negligent breach of duty, fraudulent conduct, or breach of material contractual obligations essential for the proper performance of the contract and regularly relied upon by the contractual partner (cardinal obligations), within the scope of a guaranteed quality, if agreed, and if the Product Liability Act applies.
10. Liability
10.1 The seller's liability for damages, regardless of the legal grounds, including impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations, and unlawful actions, is limited as far as fault is involved as follows:
10.2 The seller's liability for damages is limited, regardless of the legal grounds, to cases of intent and gross negligence (gross fault) under the scope of liability for negligence.
In cases of simple negligence, the seller is only liable, subject to a more lenient liability standard according to legal provisions (e.g., for due care in one's own affairs), for:
a) damages resulting from injury to life, body, or health,
b) damages resulting from a significantly negligent breach of a material contractual obligation (obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contracting party regularly relies and may rely); in this case, the seller's liability is, however, limited to compensation for the foreseeable, typically occurring damage.
10.3 The liability limitations resulting from paragraph 2 also apply to breaches of duty by or in favor of persons for whom the seller is responsible under statutory provisions.
10.4 The liability limitations resulting from paragraph 2 do not apply if the seller fraudulently concealed a defect or assumed a guarantee for the quality of the goods, as well as for claims by the customer under the Product Liability Act.
11. Retention of Title, Setoff, Right of Retention
11.1 In the case of consumers,
the seller reserves ownership of the purchased item until the full payment of the invoice amount. If the customer is a business entity and places the order in the course of its commercial or independent professional activity, a legal entity under public law, or a special fund under public law, the seller reserves ownership of the purchased item until all outstanding amounts from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
11.2 Regarding business entities: The customer is only entitled to setoff if its counterclaims have been legally established, recognized, or are undisputed by the seller. Furthermore, the customer is only entitled to exercise a right of retention if its counterclaim is based on the same contractual relationship.
12. Customer Service
For questions, complaints, or claims, you can reach our customer service from Monday to Friday, from 10:00 AM to 1:00 PM and from 2:00 PM to 4:00 PM, via email at [email protected].
13. Data Protection
The seller takes data protection very seriously and collects, processes, and uses customer data transmitted in accordance with the data protection regulations of the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further information on how the seller handles customer's personal data can be found at https://www.spryterium.com/en/data-protection/index.html.
The European Commission provides an online dispute resolution platform (OS platform) at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
15. Legal System, Jurisdiction
15.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
15.2 For customers who conclude the contract for purposes that cannot predominantly be attributed to their commercial or independent professional activity (consumers), this choice of law only applies to the extent that the customer is not thereby deprived of the protection of mandatory provisions of the law of the country in which they have their habitual residence.
15.3 The place of performance for all services from the business relationship with the seller is Warszawa if the customer is a merchant.
15.4 If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a general place of jurisdiction in the Federal Republic of Germany, the exclusive place of jurisdiction for any disputes arising from the business relationship between the seller and the customer, at the seller's discretion, is either the seller's place of business or the customer's place of business. However, in these cases, the exclusive place of jurisdiction for lawsuits against the seller is the seller's place of business. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this regulation.
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