Terms and Conditions
General Terms and Conditions for the Online Shop LAMIVA.com
§ 1 Scope of Application
These general terms and conditions apply to all orders placed by consumers and entrepreneurs through our online store.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity. An entrepreneur is a natural or legal person, or a legally responsible partnership, who acts in the exercise of their commercial or independent professional activity when entering into a legal transaction.
These terms and conditions also apply to future business relationships with entrepreneurs, without the need for further reference. If the entrepreneur uses conflicting or additional general terms and conditions, their validity is hereby contested; they will only become part of the agreement if we expressly agree to them.
§ 2 Contract Partner, Conclusion of the Agreement
The purchase agreement is concluded with LAMIVA, represented by LEJOY Ventures LTD., Room 7B, One Capital Place, 18 Luard Road, WAN CHAI, Hong Kong.
By offering the products in the online store, we make a binding offer to enter into an agreement for these items. You may place our products in your shopping cart without obligation and correct your data at any time before submitting your binding order, using the correction tools provided and explained during the ordering process. The agreement is concluded by clicking the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive a confirmation email.
A binding agreement may also be concluded earlier in the following cases:
- If you chose credit card payment, the agreement is concluded at the moment the credit card is charged.
- If you chose direct debit, the agreement is concluded at the moment the account is debited.
- If you chose PayPal as a payment method, the agreement is concluded at the moment you confirm the payment order to PayPal.
The language available for concluding the agreement is German.
The text of the agreement is not stored by us.
§ 3 Prices and Payment Terms
The prices listed are final prices and include statutory VAT as well as possible shipping costs.
The following payment methods are available in our shop:
- Prepayment: When selecting the prepayment option, we will provide our bank details in the order confirmation, and the goods will be shipped after payment is received.
- Credit card: The charge to your credit card takes place upon order completion.
- PayPal: You pay the invoice amount via the online provider PayPal. You must be registered there or register, authenticate yourself with your login details, and confirm the payment order to us.
§ 4 Delivery Terms
In addition to the listed product prices, shipping costs will apply. More information about the shipping costs can be found in the offers.
The delivery is made by partner manufacturers from Europe and Asia. The delivery time usually ranges from 4 to 14 working days.
By ordering from us, you confirm that the delivery may take up to 6 weeks. This information is provided on the product pages and in the order confirmation email.
We deliver exclusively by shipping. Unfortunately, it is not possible to pick up the goods yourself.
§ 5 Right of Withdrawal
Consumers have the statutory right of withdrawal as described in the withdrawal information. Entrepreneurs have no voluntary right of withdrawal.
§ 6 Retention of Title
The goods remain our property until full payment has been received.
For entrepreneurs, we additionally retain ownership of the goods until all claims from an ongoing business relationship have been fully settled. You may resell the goods delivered under retention of title in the ordinary course of business; all claims arising from such resale are hereby assigned to us, and we accept this transfer. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
§ 7 Transport Damage
If goods are delivered with obvious transport damage, we ask you to report such defects to the carrier as soon as possible and to contact us immediately. The failure to lodge a complaint or contact us does not affect your legal rights, especially your warranty rights. However, it helps us assert our own claims against the carrier or transport insurance.
§ 8 Warranty and Guarantees
The statutory liability for defects applies.
Information about any additional warranties and their exact terms can be found on the product pages and special information pages in the online shop.
Customer service: You can reach our customer service at any time via email at info@lamiva.com.
§ 9 Liability
For claims based on damage caused by us, our legal representatives, or assistants, we are always fully liable:
- In case of injury to life, body, or health
- In case of intent or gross negligence
- In case of warranty promises, as agreed
- As far as the scope of the product liability law is opened.
In case of violation of essential contractual obligations, whose fulfillment makes the proper execution of the contract possible and on which the contract partner can regularly rely (essential obligations), our liability in case of slight negligence is limited to the foreseeable damage at the time of concluding the agreement, which typically must be expected to occur.
For the rest, claims for damages are excluded.
§ 10 Mediation
This shop is a so-called dropshipping shop. This means that we ship the items directly from the manufacturers in Europe and Asia to you. You agree that we may pass your data to our manufacturers, who will then take over the production and shipping of the item. For this, we charge a fee, which is included in the purchase price.
§ 11 Returns and Refunds
Returns for refunds are only possible after prior consultation and to an address provided by our customer service in China.
§ 12 Online Dispute Resolution Platform (OS)
The European Commission provides a platform for online dispute resolution (OS platform), available at www.ec.europa.eu/consumers/odr. Our email address can be found in our legal notice. We are neither obliged nor willing to participate in the dispute resolution process.