§ 1 General Information

(1) The contractual partner for all orders within the scope of laFraise’s online offer is laFraise Ltd., Acorn Business Campus, Mahon Industrial Park, Blackrock, Cork, Republic of Ireland, hereafter referred to as “laFraise”.

(2) The contract of purchase between the Customer and laFraise is subject to the terms and conditions listed below.

 

§ 2 Conclusion of the Contract

(1) The "offers" contained on the website represent a non-binding invitation for the Customer to place an order with laFraise. The following languages are currently available for the ordering process: French, German and English.

(2) When the Customer has found their desired product, they may place this in the virtual basket – with no obligation to buy – by clicking on the “Buy now” button. The contents of the basket may be viewed at any time by clicking on the “Shopping Basket” button. Products may be removed from the basket by clicking on the delete icon. To purchase the products in the basket, the Customer must click on “Proceed to checkout“.

(3) By filling in and sending off the order form on the laFraise website, the Customer makes a binding offer for the conclusion of a contract. Before finally sending off the order form, the Customer has the opportunity to check that their details are right and if necessary correct them by using the web browser’s “previous page” button. In response to this offer, laFraise sends an order confirmation via e-mail to the Customer. The order confirmation does not represent an acceptance of the offer but is merely intended to only acknowledge to the Customer that their order has been received by laFraise. The contract only materialises when laFraise dispatches the product ordered to the Customer and confirms the dispatch to the Customer with a second e-mail (“Shipping Confirmation”). laFraise saves the contract information and sends the order information and laFraise’s GTCs to the Customer via e-mail. These GTCs may also be viewed at any time on http://en.lafraise.com/Content/terms. The Cus-tomer may also view their order history online on the laFraise website in the customer login area.

(4) The conclusion of the contract shall depend on punctual and correct supply of the necessary goods to laFraise. This provision shall not apply in the event of short-term disruption to deliveries or if laFraise can be held responsible for non-delivery, in particular if laFraise fails to make a congruent hedging transaction in good time.

(5) If the Customer exercises their right of withdrawal according to § 312d Para. 1 Sentence 1 BGB (German Civil Code), they shall be required to pay the regular costs of the return if the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if the Customer has not yet paid for the goods or made a partial payment by the time of the cancellation, unless the goods delivered differ from those ordered. Otherwise the return shall be free of charge for the Customer.

 

§ 3 Delivery / Shipment

(1)The goods shall be delivered by a shipment service provider chosen at the discretion of laFraise. The Customer must pay the shipping costs, which may depend on the order value and the shipping location. The amount of the shipping costs to be paid shall be made clear to the Customer during the ordering process.

(2) laFraise shall dispatch the goods to the Customer (handing over the goods to the shipment service provider) by no later than the dispatch date viewable on the respective product page. If no dispatch date is available, the goods shall be sent no later than on the fifth working day. Any such time period relevant for the determination of the date of dispatch shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if another payment method agreed, upon the conclusion of the purchase contract.

(3) As regards delivery, laFraise shall only be obliged to properly and punctually deliver the product to the shipment service provider, and any delays caused by the shipment service provider shall not be the responsibility of laFraise.

 

§ 4 Prices

(1) For Customers with a delivery address in EU countries, statutory VAT is included in the prices of the goods stated. For Customers with shipping addresses outside the EU, all prices stated are net prices plus VAT. The tax rate of the delivery country shall be applicable.

(2) If on delivery to the Customer the goods are subject to customs duties or other public charges (eg. VAT), the Customer shall have to pay these.

 

§ 5 Payment

(1) The customer chooses the method of payment, which may be direct debit (SEPA direct debit mandate), credit card, advance payment, PayPal, direct transfer or any other method on offer. laFraise reserves the right to choose a payment method depending on the order value that the customer checks out with. In case of direct debit payment (SEPA direct debit mandate), Spreadshirt will submit a pre-notification along with the order confirmation to the customer once the order has been completed (refer to § 2 par. 3). Settlement of accounts are effected by means of direct debit entries with the bank in charge of the customer’s account in Germany, Austria and Spain 1 day on submitting a pre-notification at the earliest, and in other countries 5 days on submitting a pre-notification at the earliest.

(2) laFraise shall retain ownership of the delivered goods until all debts resulting from the contract (including VAT and shipping costs) have been settled in full.

(3) The Customer shall be entitled to offset only insofar as the Customer’s counterclaim is acknowl-edged, undisputed or assessed in a legally binding judgement. The Customer is entitled to claim rights of retention only on the basis of counterclaims from the same contractual relationship.

 

§ 6 Defects liability

(1) Should the goods delivered be defective, then the Customer has statutory warranty rights.

(2) laFraise shall be liable, no matter what the legal grounds, in the case of simple negligence for losses causes by fatal injury, bodily injury or damage to health as well as losses due to the breach of an essential contractual obligation (an obligation whose fulfilment is a prerequisite for the proper im-plementation of the contract in the first place and in whose compliance the contracting party normally trusts and may trust); in this case, however, liability is limited to compensation for the foreseeable loss typical to this type of contract. Further liability according to the German Product Liability Act and due to the assumption of a warranty or a purchasing risk remains unaffected. The aforementioned limitation of liability shall also apply to the same extent for the bodies, employees, representatives and vicarious agents of laFraise.

 

§ 7 Notice and information about consumers' right of cancellation as defined by § 13 BGB (German Civil Code)

(1) Notification of cancellation policy
Right of withdrawal
You are entitled to revoke your contractual statement in writing (e.g. letter, fax, e-mail) within 14 days without giving any reasons or – if the goods have been delivered to you before the end of that period – also by returning the goods. The period begins following receipt of this notice in writing, however not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first part-delivery) and also not before performance of our duties to inform in accordance with article 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB (Introductory Law to the German Civil Code) and our duties in accordance with § 312g Para. 1 Sentence 1 BGB in conjunction with article 246 § 3 EGBGB. The cancellation period shall be deemed to be observed if notice of cancellation or the goods are sent in good time. Notice of cancellation is to be sent to:

laFraise Ltd.
c/o sprd.net AG – Spreadshirt
Gießerstraße 27
04229 Leipzig
Germany

or via e-mail to: service@lafraise.com


Consequences of cancellation
In case of an effective cancellation, any goods or payments received by either party are to be returned and any benefits that may have been obtained (e.g. interest) are to be repaid. If you are partly or wholly unable to return the goods and benefits (e.g. from use) to us or only in a deteriorated condition, you must compensate us accordingly. You shall not be required to compensate any lost value for the deterioration of the goods and for derived benefits insofar as said use and deterioration can be attributed to the inspection of the properties and the op-erational capability of the goods. “Inspection of the properties and operational capability” is taken to mean the testing and trying out of the respective goods as is possible and customary in, for example, a retail store. Goods which can be shipped as parcels are to be returned at our risk. You shall be required to pay the regular costs of the return if the goods delivered do not differ from those ordered and the price of the goods to be returned does not exceed 40 euros or, if the price of the goods is higher, if you have not yet paid for the goods or made a contractually agreed partial payment by the time of the cancellation. Otherwise the return is free of charge for you. Goods which are not able to be shipped as parcels shall be collected from you by us. Any obligations to reimburse payments must be met within 30 days. This period begins for you when you send either your notification of cancellation or the goods, and for us on receipt.

End of notification of cancellation policy

(2) Under § 312d Para. 4 No. 1 BGB, the right of cancellation does not apply to contracts covering the delivery of goods which are made according to customer specifications or which are clearly tailored to personal needs.

(3) If the whole contract is cancelled, laFraise shall also bear the costs of dispatching the goods to the consumer (costs of sending).

 

§ 8 Place of Jurisdiction – Place of Fulfilment – Choice of Law

(1) German law shall apply, to the exclusion of UN purchasing law.

(2) Should any individual provisions of these General Terms and Conditions and Conditions of Delivery be invalid or in contradiction to legal requirements, this does not otherwise affect the contract.

Version from 08/2011