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Terms of Conditions

1. Scope

The following general terms and conditions apply to all contracts concluded between "la Poŝo", (hereinafter referred to as "Seller") and consumers or entrepreneurs (hereinafter referred to as "Buyer") on the website https://la-poŝo.com regarding the Seller presented goods in the version valid at the time of the order.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

​These general terms and conditions also apply to entrepreneurs without separate inclusion for all current and future contracts, deliveries and other services of the seller.

We hereby object to terms and conditions of the entrepreneur that conflict with or deviate from these general terms and conditions and are only deemed to have been agreed between the seller and the entrepreneur if the seller expressly agrees to their validity in writing.

2. Conclusion of contract

2.1 The essential characteristics of the goods offered by the seller and the period of validity of limited offers are evident from the individual product descriptions on https://la-poso.com.

​2.2  The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.

2.3 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.4 The seller can accept the customer's offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or

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  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or

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  • by asking the customer to pay after placing his order.

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If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller does not make the contract text accessible beyond this.

2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.

2.8 When ordering via the seller's online shop, the ordering process includes the following technical steps. First, the buyer selects the desired product by clicking the "Add to cart" button. The products in the shopping cart are then displayed to the buyer. The products in the shopping cart can be deleted there by clicking on the "Remove" button. By clicking the "+" and "-" buttons, the buyer has the opportunity to change the number of selected products. In order to complete the order, it is necessary for the buyer to confirm the seller's terms and conditions and to have taken note of the cancellation policy by ticking the boxes provided for this purpose. By clicking the "Checkout" button, the buyer gets to the next step of the ordering process "Customer information". After the buyer has entered his name, his address including the billing address and, if applicable, a different delivery address and his e-mail address in the fields provided, he clicks on the "continue to shipping method" button to go to the next step in the ordering process, "shipping". Here you can optionally select express shipping, which is subject to a fee. By clicking on the "continue to payment" button, the buyer proceeds to the next step of the ordering process, "payment". After the buyer has decided on one of the payment methods offered by the seller, namely "credit card", "Paypal", "Sofort", "Invoice with Klarna" or "Installment purchase with Klarna", and has selected this accordingly, he clicks on the " Review Order" to the Review Order order summary page. On the order overview page, the buyer can once again check the data required for the order, the selected payment method and the selected products before completing the order by clicking on the "Buy now" button.

If the "Paypal" payment method is selected, the buyer clicks on the "Buy now" button to access the PayPal website and, after entering their login data and completing the payment process, is automatically redirected to the order overview page of the seller's online shop.

3. Contract Language

The contract language is exclusively german.

4. Storage of the text of the contract

​The text of the contract is saved by the seller himself and made available to the buyer by the seller himself before the conclusion of his order and sent again by e-mail after the conclusion of the contract. The general terms and conditions can be viewed and downloaded by the buyer at any time on this page. The buyer can view past orders in his customer account.

5. Right of Withdrawal

​5.1 Consumers are entitled to the statutory right of cancellation in accordance with the seller’s cancellation policy.

5.2 The right of withdrawal does not apply to long-distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

6. Prices and payment options

6.1 The prices quoted by the seller include the applicable statutory value-added tax and are final prices plus any additional shipping costs. The costs for packaging and shipping are shown separately under "Shipping & Returns".

6.2 The following payment options are available to the buyer in the seller's online shop:

a) PayPal

If the buyer chooses the PayPal payment method, the buyer pays the purchase price via the payment service provider PayPal (Europe) S.à rl et SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.

If the buyer already has a PayPal account with PayPal, the buyer will be forwarded to PayPal and must confirm the payment order to the seller after entering his access data for the buyer's PayPal account. The corresponding terms of use of PayPal can be viewed under the following link:  https://www.paypal.com/de/webapps/mpp/ua/useragreement-full

If the buyer does not have a PayPal account, the payment can be made after forwarding to PayPal using the "Payments without a PayPal account" function. The relevant terms of use for payments without a PayPal account can be viewed under the following link:  https://www.paypal.com/de/webapps/mpp/ua/privacywax-full

b) credit card

If the buyer chooses the credit card payment method, the purchase price will be reserved on your credit card at the time of the order ("authorization"). The buyer's credit card account is actually debited at the time the seller ships the goods to the buyer.

c) Klarna purchase on account, Klarna installment purchase and immediate transfer

If the buyer chooses the payment methods in advance, Klarna purchase on account & hire purchase and immediate transfer, the buyer pays the purchase price via the payment service provider Klarna Bank AB,  Sveavägen 46, 111 34 Stockholm. Payment is made to Klarna in each case:

  • Invoice: The payment period is 14 days from the dispatch of the goods/the ticket/or, in the case of other services, the provision of the service. You can find the invoice conditions for purchase on account for deliveries to Germany  here  and for deliveries to Austria  here .

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  • Installment purchase (only available in Germany): With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. For more information on installment purchase including terms and conditions and standard European consumer credit information see  here .

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  • Instant bank transfer:  All you need is your IBAN, BIC, PIN and TAN. Using Klarna Bank AB's secure payment form, which is not accessible to merchants, Sofortüberweisung automatically and in real time places a transfer in your online bank account. The purchase amount is transferred immediately and directly to the retailer's bank account. If you choose the payment method Sofortüberweisung, a pre-filled form opens at the end of the ordering process. This already contains our bank account. In addition, the transfer amount and purpose are already displayed in the form. You must now select the country where you have your online banking account and enter the BIC. Then enter the same data as when registering for online banking (IBAN and PIN). Confirm your order by entering the TAN. Right after you receive confirmation of receipt. In principle, every Internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with a PIN/TAN procedure. Please note that instant transfer is not yet available at a few banks. You can get more information about whether your bank supports this service  here .

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The use of the payment methods advance payment Klarna purchase on account & installment purchase and immediate transfer requires a positive credit check. We therefore forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. You can find more information and Klarna's terms of use for Germany  here  and for Austria  here . You will receive general information about Klarna  here .

Your personal information will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarnas  Privacy Policy  for Germany and  Austria  treated.

7. Terms of delivery and shipping

7.1 Unless otherwise agreed, the goods will be delivered to the delivery address specified by the buyer in the ordering process.

7.2 The goods are delivered at the shipping costs and delivery times stated on the "Shipping & Returns" website and in the product description.  

 

7.3 Possible customs duties or local taxes must be borne by the buyer himself. 

8. Retention of Title

The goods remain the property of the seller until full payment has been made.

9. Warranty

The warranty is based on the statutory provisions.

10. Damage in transit

In the case of delivered goods with obvious transport damage, the buyer is asked to complain immediately to the delivery agent and to inform the seller of this. If the buyer fails to make a complaint or contact us, this has no effect whatsoever on the existence of the statutory warranty rights.

11. Liability

The seller excludes his liability for slightly negligent breaches of duty, provided these do not relate to damage to life, limb or health or guarantees or claims due to malicious misconduct or under the Product Liability Act are relevant. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the buyer may regularly rely, remains unaffected. The same applies to breaches of duty by the seller's legal representatives or vicarious agents.

12. Online Dispute Resolution Information

The EU Commission provides an internet platform for the online settlement of disputes (so-called "OS platform"), which is available under  http://ec.europa.eu/consumers/odr/  is reachable.

The seller is neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.

13. Code of Conduct

​The seller has not submitted to a special code of conduct.

14. Customer Service

The seller does not offer any customer service that goes beyond the processing of statutory warranty claims.

15. Influencer Program

By registering in our influencer program, the registered person commits to a cooperation, which consists of a product placement on Instagram in the form of two Instagram stories, each with five sequences, and an Instagram feed post.

The registered person must carry out this cooperation within 21 days of receipt of the products.  

If the cooperation is not carried out as agreed or not at all, la Poŝo UG (limited liability) reserves the right to invoice the registered person for the products in full.

16. Final Provisions

16.1 Should any provision of these General Terms and Conditions be ineffective, the remaining contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.

16.2 If the buyer is an entrepreneur, then German law applies to the exclusion of the UN Sales Convention.

If the buyer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the seller and the buyer is the place of business of the seller.

As of March 14, 2022

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