Terms and Conditions
General Terms and Conditions (GTC)
The following General Terms and Conditions (GTC) govern the sale of products
by Louis-Morris Ried, Neckarstraße 1, 74354, Besigheim, Phone: 004915116108002, E-Mail:
hallo@latelio.de, hereinafter referred to as "Provider," via the online shop at www.latelio.de.
§ 1 Scope of Application
(1) These GTC apply to all contracts concluded between the Provider and private customers (within the meaning
of § 13 BGB) via the online shop at www.latelio.de. Orders from
entrepreneurs, traders, freelancers, or commercial resellers are
excluded.
(2) Deviating terms and conditions of the customer do not apply, unless the
Provider expressly agrees to their validity in writing.
(3) The range of products offered includes: home decor, accessories, textiles, and interior design.
§ 2 Conclusion of Contract
(1) The contract is concluded with the Provider: Louis-Morris Ried, Neckarstraße 1, 74354,
Besigheim.
(2) The contract and negotiation language is German.
(3) The offers in the online shop are exclusively for customers with a delivery address in
Germany and are only intended for private customers.
(4) The customer must be at least 18 years old.
(5) The presentation of products in the online shop does not constitute a legally binding offer, but
an invitation to place an order. The customer makes a binding offer bycompleting the ordering process and clicking the "order with obligation to pay" button at the end. The
receipt of the order will be confirmed by an automatic e-mail, which, however, does not yet constitute an
acceptance of the offer. The purchase contract is only concluded by an express
acceptance confirmation by e-mail or by shipping the goods.
(6) Orders exceeding household quantities require the express
consent of the Provider. This applies to both the number of products ordered within a single
order and the placement of multiple orders for the same product.
(7) Order data will be stored after the contract is concluded and can be viewed in the customer login.
(8) The customer agrees to receive invoices exclusively electronically.
Electronic invoices will be provided by email or in the customer account.
§ 3 Right of Withdrawal
(1) Right of withdrawal for private customers
The customer has the right to withdraw from the contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party designated by him,
who is not the carrier, has taken possession of the last goods.
To exercise the right of withdrawal, the customer must inform the provider, Louis-Morris Ried, Neckarstraße 1
, 74354, Besigheim, by means of a clear statement (e.g., a letter sent by post or
an e-mail) about his decision to withdraw from the contract. The customer can use the
attached sample withdrawal form for this purpose, which is not mandatory.
To comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the
right of withdrawal before the expiry of the withdrawal period.(2) Consequences of withdrawal
If the customer withdraws from the contract, the provider shall repay all payments received from the customer,
including delivery costs (with the exception of the additional costs resulting from the customer's choice
of a different type of delivery than the cheapest standard delivery offered by the provider), without undue delay
and at the latest within fourteen days from the day on which the notification of the withdrawal of this contract was received by the provider.
For this repayment, the provider shall use the same means of payment that the customer used in the
original transaction, unless expressly agreed otherwise; in no case will the customer be charged fees for this repayment.
The provider may refuse repayment until he has received the goods back or until the customer
has provided proof that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods without undue delay and in any event no later than fourteen days from the day
on which he informs the provider of the withdrawal from this contract. The deadline is met if the customer sends the goods
before the expiry of the fourteen-day period.
The customer bears the costs of returning the goods.
The customer only has to pay for any loss in value of the goods if this loss in value is due to handling the goods
that is not necessary for checking their condition, properties, and functionality.
Sample Withdrawal Form
If the customer wishes to withdraw from the contract, they can fill out and
send back this form:
Louis-Morris Ried, Neckarstraße 1, 74354, Besigheim
Hereby I/we withdraw from the contract concluded by me/us for:
- the purchase of the following goods/services:- Ordered on/received on:
- Name of consumer(s):
- Address of consumer(s):
- Date:
- Signature of consumer(s) (only for notification on paper):
________________________________
§ 4 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated
and for the manufacture of which an individual choice or determination by the consumer
is decisive or which are clearly tailored to the personal needs of the consumer.
It also does not apply to goods that can spoil quickly or whose expiry date would be quickly exceeded.
Furthermore, goods delivered sealed and unsuitable for return for reasons of health protection
or hygiene if their seal has been removed after delivery are excluded from the right of withdrawal.
Moreover, the right of withdrawal does not apply to goods that, after delivery, are inseparably mixed
with other goods due to their nature. Finally, goods in a sealed package whose
seal has been removed after delivery, such as CDs, DVDs or software, are also excluded from the right of withdrawal.
§ 5 Prices and Shipping Costs
(1) All prices include the applicable statutory value-added tax.
(2) The stated prices are exclusive of the respective shipping costs, unless expressly stated
otherwise.
(3) It may happen that products in the online shop are accidentally priced incorrectly.
In such a case, the provider will contact the customer before shipping the goods
to inform them that the actual price is higher, and ask if theywant to purchase the product at the correct price or cancel the order. Should the correct price
of a product be lower than the stated price, the provider will charge the lower amount
and send the product.
(4) The prices valid at the time of the order apply. If list prices are available,
the list prices at the time of the order apply.
(5) To place an order, the customer must register and create a customer account.
§ 6 Customs
(1) For orders shipped outside the European Union, import duties and taxes may
apply once the package reaches its destination. These additional charges
must be borne by the customer; the provider has no control over these charges. Since customs
regulations vary from country to country, the customer should contact their local customs authority
for further information.
(2) For orders from outside the European Union, the customer is considered the importer
and must comply with all laws and regulations of the country where they receive the
products. The provider points out that cross-border deliveries may be subject to opening
and inspection by customs authorities.
§ 7 Terms of Payment
(1) Payment of the purchase price is due upon conclusion of the contract. The customer can pay the purchase price using
the payment methods specified in the online shop.
(2) Prepayment: The full invoice amount must be transferred to the specified account within 7 calendar days after
receipt of order. Shipping will take place after payment is received.
(3) PayPal: After completing the order, the customer will be redirected to PayPal, where they caninitiate the payment. Shipping will take place after confirmation of payment receipt.
(4) The customer enters their Maestro card details during the order process. The debit
occurs after the goods have been shipped.
(5) Credit Card: The customer enters their credit card details during the order process. The
debit occurs after the goods have been shipped.
(6) SEPA Direct Debit: The customer grants the provider a SEPA core mandate. The pre-notification
of the debit will be made before the account is charged. Shipping will take place after the invoice amount has been
collected.
(7) Cash on Delivery: The customer pays the invoice amount directly to the delivery person upon delivery of the goods.
(8) Klarna: The customer can pay by invoice or in installments via Klarna. The
payment terms are set by Klarna.
(9) Gift Card: The customer can settle the invoice amount with a valid gift card from the
provider. Shipping will take place after confirmation of payment.
(10) Apple Pay: The customer enters their Apple Pay details during the order process and confirms
payment via Apple Pay. The debit occurs after the goods have been shipped.
(11) Google Pay: The customer enters their Google Pay details during the order process and
confirms payment via Google Pay. The debit occurs after the goods have been shipped.
(12) Upon shipment of the goods, the invoice will be sent by e-mail or, if no e-mail address is provided,
by post to the specified billing address.
(13) If the customer defaults on payment or a chargeback occurs, the provider is entitled to claim
damages for delay (e.g., reminder fees, interest on arrears, chargeback fees).
(14) Payment by sending cash or checks is not possible.§ 8 Retention of Title
(1) The delivered goods remain the property of the provider until full payment of the purchase price.
(2) The customer is obliged to treat the goods with care during the period of retention of title.
In particular, they must carry out all necessary maintenance and inspection work at their own expense in due time.
(3) The customer must immediately notify the provider in writing if the goods are seized
or otherwise subjected to third-party intervention, so that the provider can file a complaint in accordance with § 771 ZPO.
Insofar as the third party is not able to reimburse the provider for the judicial and extrajudicial
costs of a complaint in accordance with § 771 ZPO, the customer is liable for the loss incurred by the provider.
§ 9 Delivery, Cancellation, and Shipping
(1) Unless otherwise stated in the offer, the delivery time is expected to be 7 business days.
The provider endeavors to adhere to the stated delivery times. Should delivery deadlines not
be met, the customer will be informed immediately and any payments already made
will be refunded.
(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer
within Germany. Information on product availability can be found on the provider's website.
All information regarding availability, shipping, or delivery times is non-binding, unless
expressly marked as binding.
(3) Should it be determined during the processing of the order that the ordered products
are not available, the customer will be informed immediately by e-mail or message in the customer account.
The customer's legal claims remain unaffected.
(4) Delivery will be made according to the customer's chosen payment method. For prepayment, delivery
will be made after payment is received. For all other payment methods, delivery will be made after conclusion of the contract.(5) Should the order be sent in several packages, the customer may receive a separate shipping confirmation for each package.
In this case, a separate purchase contract is concluded for each shipping confirmation for the products listed in the respective shipping confirmation.
(6) The customer can cancel their order free of charge until the goods are shipped. After
shipping, cancellation is only possible in accordance with the regulations on the right of withdrawal. A right of
cancellation does not exist for certain product types and services, in particular digital
content or software that is not provided on a physical medium (e.g., CD or DVD)
once the download or use (whichever occurs first) has started.
(7) Partial deliveries are permissible, provided they are reasonable for the customer. Additional shipping costs
will only be incurred if expressly agreed upon.
(8) Should the delivery of the goods fail due to the customer's fault, the provider reserves the
right to withdraw from the contract. Any payments already made will be immediately refunded to the
customer.
(9) If the provider is unable to deliver the ordered goods through no fault of their own because
the provider's supplier fails to fulfill their contractual obligations, the provider is entitled to
withdraw from the contract. In this case, the customer will be informed immediately and any payments already made
will be refunded.
(10) For orders of digital products that are provided via download, the customer will receive
a link to download the purchased digital content after payment is received. The
right of withdrawal expires as soon as the customer has started the download and expressly
agreed that the performance of the contract will begin before the expiry of the withdrawal period.
(11) Should the delivery of the ordered products be delayed or made impossible by force majeure or other unforeseen,
extraordinary, and unavoidable circumstances - such as natural disasters, war, strikes, or
governmental measures - the delivery periods will be extended appropriately.
The provider will inform the customer immediately about the unavailability. In
these cases, the provider is entitled to withdraw from the contract. The customer will be informed
immediately about the withdrawal, and any payments already made will be refunded.(12) The provider is not liable for delays in delivery caused by circumstances
beyond its control (force majeure). In such a case, the
customer will be informed immediately, and a new delivery date will be agreed upon.
§ 10 Transport Damage
(1) Should you receive goods with obvious transport damage, please complain about such
defects immediately to the delivery agent and contact us without delay.
(2) Failure to make a complaint or contact us has no consequences for your statutory
warranty rights. However, it helps us to assert our own claims
against the carrier or transport insurance.
§ 11 Warranty
(1) Warranty for Private Customers
If the customer is a consumer, the warranty is governed by statutory provisions.
Consumers in the EU have, in addition to their 30-day return guarantee, a statutory
warranty right of two years from delivery of the goods.
(2) Used Goods
For used goods, the warranty period may be shorter than two years.
§ 12 Liability
(1) If the customer is a consumer, liability is governed by statutory provisions.
(2) The provider's liability for contractual breaches of duty and for tort is limited to intent and
gross negligence. This limitation of liability does not apply to injury to life,
body and health of the customer, in case of claims due to the violation of essential
contractual obligations (cardinal obligations) and in case of compensation for damages due to delay according to § 286 BGB. In this respect, the provider is liable for every degree of fault.
(3) In the event of slight negligence in the breach of essential contractual obligations (cardinal obligations), the liability
of the provider is limited in amount to the typically foreseeable damage. Essential
contractual obligations are those whose fulfillment is necessary to achieve the contractual objective and on
whose compliance the customer may regularly rely.
(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the
legal representatives or vicarious agents of the provider.
(5) The provider assumes no responsibility for the content and accuracy of the information in
registration and profile data of customers as well as other content generated by customers.
(6) Claims for damages are limited to the foreseeable damage typical of the contract. In the
case of delay, the maximum liability is 5% of the order value.
(7) Claims for damages based on injury to life, body or health
become statute-barred after 30 years; all other claims for damages become statute-barred after two
years. The limitation period begins at the end of the year in which the claim arose
and the creditor became aware of the circumstances giving rise to the claim and the identity of the
debtor or should have become aware without gross negligence (§ 199 para. 1 BGB).
(8) The provider is entitled to check texts created and files uploaded by customers for
compliance with legal regulations and legal provisions. In case of
violations, the provider reserves the right to remove these contents in whole or in part, if necessary.
(9) Liability under the Product Liability Act remains unaffected.
§ 13 Data Protection
(1) The collection and processing of personal data is carried out in accordance with the applicable
data protection regulations. The provider undertakes to treat the customer's data confidentially
and not to pass it on to third parties, unless the customer has expressly consented or there is a legal obligation.
(2) The customer has the right to receive information about his stored data at any time free of charge
and to request their correction, deletion or restriction of processing.
(3) Further information on data protection can be found in the provider's data protection declaration.
§ 14 Set-off and Right of Retention
(1) The customer is only entitled to set off if his counterclaim has been legally established
or is undisputed by the provider.
(2) The customer can only exercise a right of retention insofar as his counterclaim is based on
the same contractual relationship.
§ 15 Special Features for Digital Products and Services
(1) Digital products are usually made available to the customer by download or e-mail.
After receipt of payment, the customer receives the corresponding access data or
download links.
(2) The statutory warranty rights for defects apply to digital products. In the event of a defect,
the customer has the right to supplementary performance, i.e., rectification of the defect or delivery of a
defect-free product.
(3) The customer must ensure that the technical requirements for receiving and
using the digital products are met. The provider assumes no liability for disruptions
or damages caused by inadequate technical requirements on the customer's part.
(4) For services that are not provided in the form of physical products or digital content,
the legal provisions for service contracts (§§ 611 et seq. BGB) apply. (5) The customer undertakes to provide all
necessary cooperation actions promptly and completely within the scope of using services. If the customer
does not comply with this obligation, the provider may charge for the additional effort incurred as a result.
§ 16 Rights of Use for Digital Content
(1) Upon purchasing a digital product, the customer receives a simple, non-transferable, unlimited right of use
to the acquired content, unless otherwise agreed.
(2) The customer is not entitled to reproduce, distribute or make the digital content publicly
available, unless this is expressly permitted by contract.
(3) All copyrights remain with the provider or the respective rights holder.
§ 17 User Account
(1) The customer is obliged to provide complete and truthful information when registering and creating the user account.
and truthful information. The customer must keep his access data (username and
password) safe and protect them from third-party access. The provider is not liable for
damages resulting from the misuse of access data, unless the provider is responsible for the misuse.
misuse. The customer may only create one user account. Multiple registrations are
not permitted and may lead to the blocking or deletion of user accounts.
(2) The customer is obliged to update changes to his personal data, especially contact and
payment data, immediately in the user account. The customer is responsible for all
activities carried out under his user account, unless he is not
responsible for the misuse of his account.
(3) The provider reserves the right to suspend or delete the user account if
there are indications of misuse, the customer violates these GTC or if the customer has provided incorrect information during registration. The customer can request the
deletion of his user account at any time. The provider will delete the user account and all associated
data immediately, provided there are no legal retention obligations.
After deletion of the user account, the customer can only create a new user account by re-registering.
(4) The provider endeavors to ensure a high availability of the user account. Temporary
restrictions or interruptions due to technical maintenance or
unforeseeable events (e.g. force majeure) cannot be excluded, however. The
provider is not liable for damages caused by a temporary unavailability of the
user account, unless the provider is responsible for the unavailability.
(5) The provider reserves the right to change, extend or restrict functions and content of the user account at any time.
change, extend or restrict. Changes to this clause will be communicated to the customer
by e-mail at least four weeks before they come into effect. If the customer does not object to the
changes within four weeks of receipt of the change notification, the
changes shall be deemed accepted. The provider will specifically inform the customer of this legal consequence in the
change notification.
§ 18 Amendments to the GTC
(1) The provider reserves the right to amend these GTC at any time with effect for the future.
(2) The changes will be communicated to the customer by e-mail at least four weeks before they come into effect.
(3) If the customer does not object to the changes within four weeks of receipt of the
change notification, the changes shall be deemed accepted. The provider will specifically inform the customer of
this legal consequence in the change notification.
§ 19 Force Majeure (1) Events of force majeure which make the delivery significantly more difficult or impossible for the provider
entitle the provider to postpone the delivery for the duration of the hindrance
or to withdraw from the contract in whole or in part for the unfulfilled part.
(2) Force majeure includes all events that are beyond the control of the provider
and whose occurrence was not foreseeable at the time of contract conclusion, such as
natural disasters, war, terrorist attacks, import and export bans, strikes, official
orders or other serious operational disruptions for which the provider is not responsible.
§ 20 Assignment of Contract
(1) The provider is entitled to assign his rights and
obligations under this contractual relationship in whole or in part to a third party with a notice period of four weeks.
(2) In this case, the customer has the right to terminate the contract with immediate effect.
§ 21 Applicable Law and Place of Jurisdiction
(1) All legal relationships between the provider and the customer are governed by the law of the
Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this
choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state
of the consumer's habitual residence is not withdrawn thereby.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law,
the exclusive place of jurisdiction for all disputes arising from this contract is the
provider's registered office.
§ 22 Online Dispute Resolution and Participation in Conciliation Procedures
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at
https://www.ec.europa.eu/consumers/odr. The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Nevertheless, the provider always endeavors to settle any disagreements arising from a contract amicably.
§ 23 Final Provisions
(1) The contract language is German.
(2) The provider does not offer any products or services for purchase by minors.
Products for children can only be purchased by adults. Persons under 18 years of age may
only use the website with the involvement of a parent or guardian.
(3) Should individual provisions of these GTC be or become ineffective or unenforceable after
contract conclusion, the effectiveness of the remaining
provisions remains unaffected. In place of the ineffective or unenforceable provision, a valid and enforceable provision shall be substituted whose effects come closest to the economic objective that the contracting parties pursued with the ineffective or unenforceable provision.
(4) Amendments or additions to these GTC must be made in writing. This also applies to the
waiving of this written form requirement.
(5) The provider reserves the right to make changes to the website, rules, terms
including these GTC at any time. Your order will be subject to the
terms of sale, contract terms and GTC that are in force at the time of your
order, unless a change to these terms is required by law or by
official order (in which case they will also apply to orders you have previously placed).
(6) There are no verbal ancillary agreements. Amendments or additions to this agreement
must be made in writing.
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