General Terms and Conditions

Lesara GmbH General Terms and Conditions

1) Area of Application

1.1 These Terms and Conditions (hereinafter ""GTC"") of Lesara GmbH (hereinafter ""Seller"") apply to all orders that the seller in terms of the seller in its online store merchandise shown and a consumer or entrepreneur (hereinafter ""Customer"") / or services closes. Herewith the inclusion of the customer's own terms is contradicted, unless it is otherwise agreed.

1.2 Consumers in regards to the GTC shall mean any natural person who enters into a legal transaction for purposes that can be attributed neither to commercial nor its independent vocational activity. Entrepreneurs in regards to the GTC is a natural or legal person or a legal partnership, in completion of a legal transaction in their commercial or independent professional activity.

2) Completion of Contract

2.1 The product descriptions in the online shop of the seller do not constitute binding offers on the part of the seller, but are intended to submit a binding offer by the customer. The customer will then be sent an automatic email order confirmation, in which the customer's order is listed again and the customer can print it out using the ""print"" (order confirmation), this only serves for purposes of transparency and documentation of the receipt of order at Lesara and does not constitute acceptance of the application. Also the possible transmission of account information via e-mail for the purpose of payment in advance, does not constitute a declaration of acceptance by Lesara. A purchase order is completed only when the product ordered by Lesara is shipped to the customer and the shipping has been confirmed to the customer by Lesara with a second email (shipping confirmation).

2.2 The customer can select products from Lesara's product range and add them to their virtual shopping cart with the "Add to Cart" button. They can then confirm their intent to purchase the goods collected, with the "To the checkout" button. After verification of the items in the cart, the customer then selects the "To the checkout" button to reconfirm and check the order, delivery and payment information, where they can correct information if necessary. To this purpose a prior registration to the Lesara website is required. If the customer has not submitted any credentials prior to their purchase, there is the option to register and login.  By then selecting the "Buy now" button, the customer makes a binding agreement to purchase the products in the cart. In individual cases, prior to sending such a binding order, the customer can change their information at any time and at any point, by pressing the "back" button in their Internet browser. In addition, before submitting the binding order, there is always the option to terminate the order by closing the browser.

2.3 Should the product selected by the customer at the time of order no longer be available, Lesara will notify the customer in the order confirmation. If the product is permanently out of stock, we will refrain from a confirmation of acceptance. In this case the order will not be completed. If a product ordered by the customer is only temporarily unavailable, Lesara will also inform the customer in the order confirmation. Should the delivery be delayed by more than four weeks of the original estimated delivery date due to the lack of availability, the customer has the right to cancel the order. Incidentally, in this case Lesara is also entitled to revoke the order. Here Lesara will immediately refund the payment made by the customer.

2.4 The period for accepting the order begins immediately on the day following its dispatch by the customer and shall be completed by the end of the fifth day, following the dispatch of the order.

2.5 The contractual agreement will not be saved by Lesara. However, the customer has the option to save the T&C by using the memory function in their Internet browser. The link in the order confirmation, which includes all necessary order information, has the option of recalling and downloading the T&C.

2.6 Before the contractual binding of the order via the online order form by the seller, the customer can correct his entries using the usual keyboard and mouse functions. In addition, all entries before binding submission of the order are displayed once again in a confirmation window and can be corrected by means of the usual keyboard and mouse functions.

2.7 The German language is exclusively used in the completion of the order.

2.8Order processing and contact can usually be done via email and/or automated order processing. The customer must ensure that they have submitted the correct email address order processing so that at the sellers sent emails can be received by the customer. The customer must also ensure that their use of spam filters does not hinder the receipt of order processing and third party emails, confirming the shipment of the ordered product by the seller or by the seller’s assigned third party representative.

2.9 When ordering alcoholic beverages, the customer confirms that they have reached the minimum required legal drinking age when sending the order, and is committed to making sure that either they or the person authorised by them is of age to accept the goods.

2.10 When ordering tobacco products the customer confirms with sending the order,  the customer confirms that they have reached the minimum required legal age to purchase said products when sending the order, and is committed to making sure that either they or the person authorised by them is of age to accept the goods.

3) Right of Revocation

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More information about the right of revocation can be obtained from the seller’s right of revocation guidelines.

4) Voluntary Right of Return

4.1 In addition to your statutory right of revocation, the customer is granted an additional voluntary right to return products purchased from Lesara within 30 days of receipt of their entire order. With this right of return, they may also return items after the expiry of the standard contractual 14 day revocation period (see revocation guidelines), by sending the goods within 30 days of receipt of said goods (period beginning on the day following receipt of the goods) back to us at the following address: Lesara GmbH , Eichborndamm 167-175, 13403 Berlin, Germany. Timely dispatch is sufficient in order to meet the deadline. However, a prerequisite to the exercise of this voluntary right of return, is that the goods are returned undamaged and in their original condition. In the case of a return the customer may use the enclosed returns sticker in the order.

4.2 Upon exercising their voluntary right to return, a refund into the customer’s original account will follow. For payments made via invoicing, Sofortüberweisung and advance payments, return remittance will be transferred into the account where the original payment was made from. If the customer has paid by PayPal or credit card, the refund will be transferred into the respective PayPal or credit card account.

4.3 The customer’s statutory right of revocation shall not be affected by the seller’s supplementary contractually granted (voluntary) returns policy and will continue to be maintained independent thereof. Statutory rights apply till the expiration of the statutory returns policy. The contractually granted (voluntary) returns policy does not limit the customer’s statutory warranty rights, which remain fully applicable

5) Prices and Payment

5.1  Provided that the product description of the seller has not indicated otherwise, displayed prices refer to the total price, which includes VAT.  Additional delivery and shipping costs are displayed separately in the respective product description.

5.2 For deliveries to countries outside of the European Union, other costs may be incurred, in such individual cases the seller is not responsible for the costs and these shall be borne by the customer. These include costs for money transfers through banks (e.g. bank transfer fees, exchange rates), import duties and/or taxes (e.g. customs duties). Such costs may also be incurred if the payment is not made within a country in the European Union, but rather the customer makes a money transfer payment from a country outside of the European.

5.3 Customers can choose from several payment options available to them, which are noted in the seller's in the online shop.

5.4 If prepayment has been selected, payment is due immediately after completion of the order.

5.5 If the "PayPal" payment has been selected, then settlement of outstanding payment is done via the payment service provider PayPal (Europe) S.à et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg under validity of the ‘PayPal User Agreement’, available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5.6 If the customer chooses to pay by credit card, the respective credit card account will not be charged until the order is completed.

6) Shipping & Returns Conditions

6.1  During completion of the transaction specified in the seller's order processing, the delivery address is final. An exception to this is when paying through PayPal, where the noted delivery address by the customer is final when selecting the PayPal payment method. The shipment of goods is delivered to the address given by the customer unless otherwise agreed. 

6.2 For goods that are delivered by freight carrier, delivery takes place with "free curb" i.e. up to the delivery address nearest public curbside, unless specified otherwise in the shipping information in the seller's online shop and unless otherwise agreed.

6.3 If the freight company sends the goods back to the seller in the case of an unsuccessful acceptance of delivery, the customer must bear the costs for the for the reshipment. This does not apply if the customer effectively exercises his right of revocation if he was not responsible for the circumstance that has led to the failure of delivery or if he was temporarily prevented from accepting the service offered, informing the seller within a reasonable time in advance.

6.4 Pickup is not possible due to technical reasons.

7) Reservation of Ownership

The seller reserves all rights of title in advance until full payment of the purchase price has been made and the goods delivered.

8)  Liability for defective Goods (Warranty)

8.1 If the ordered goods are defective, statutory rights pertaining to liability for defective merchandise apply.

8.2 Notwithstanding this, the period for warranty for claims of used goods is one year from date of delivery to the customer. However, the warranty does not apply to:
- Items that have been used in accordance for the purpose of construction and have cause damaged to the respective construction.
- Damage arising from injury to life, limb or health due to intentional or negligent culpable breach by the seller or an intentional or negligent culpable breach by a legal or third party representative of the seller.
- fDamages due to intentional or grossly negligent culpable breach by the seller or on an intentional or grossly negligent culpable breach by a legal or third party representative of the agent of the user.
- In the event that the seller has fraudulently concealed the defect.

8.3 The customer is asked to claim the goods delivered with obvious damages to the respective delivery agent and inform the seller accordingly. If the customer fails to comply, this has no effect on their legal or contractual warranty claims.

9) Redemption of promotional vouchers

9.1 Promotional vouchers/codes issued free of charge by the seller as part of a promotional campaign and valid for a limited period, which have been obtained by the customer free of charge, cannot be purchased or sold, but can only be redeemed within the specified period and only in the seller’s online shop.

9.2 Selected products may be excluded from the voucher/code promotion, provided that the corresponding limitation of the content of the voucher/code has been noted.

9.3 Promotional vouchers/codes can only be redeemed prior to the completion of the ordering process. Allocation afterwards is not possible.

9.4 Only one promotional voucher/code may be redeemed per order.

9.5 The value of goods must be at least the amount stipulated by the promotional voucher/code. Any remaining credit balance will not be reimbursed by the seller.

9.6 If the promotional voucher/code is of insufficient value to cover the order, one of the many payment methods offered by the seller may be selected to pay the outstanding difference.

9.7 The credit of a promotional voucher/code will neither be paid in interest nor in cash.

9.8 The promotional voucher/code will not be refunded if the customer partially or completely returns goods paid for with the promotional voucher/code as part of their statutory rights.

9.9 The promotional voucher/code is transferable. The seller may discharge effect to respective owners, who will in turn redeem the voucher in the sellers online shop promotion. This does not apply if the seller knows or is grossly ignorant of the non-authorisation, incapacity or the lack of representation.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships of the parties excluding the laws on the international sale of goods. For consumers, this choice of law  will only apply insofar as the granted protection is not withdrawn by mandatory provisions by law in the country in which the consumer has his habitual residence.

11) Jurisdiction

If the customer is a merchant, legal entity under public law or public law special fund established in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract shall be the seat of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany,  the seller's seat is the sole place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract of the trade or profession of the customer can be attributed. The seller, however, is authorised in the above cases or in any case, to call the place of business of the customer.

12) Customer Service

Lesara Customer Service team is available for questions, suggestions and complaints Monday to Friday from 10:00-18:00 

Phone:

Sweden: 0046-852503850

Finland: 0035-8942704109

Denmark: 0045-78773113

United Kingdom: 0044-2033183133

Spain: 0034-911309384

Poland: 0048-221168030

If you are unable to find your country in the above list, please contact us using the following number: 0049-3092035225.

Email: service@lesara.com



Link to the European Commission online platform for extrajudicial online dispute resolution: http://ec.europa.eu/consumers/odr.