General Terms and Conditions of Use and Business of the Company Landario UG (haftungsbeschränkt)

§ 1 Scope and definition of terms

(1) The following General Terms and Conditions apply to all contractual relationships, including deliveries, between us and every customer.

When selling products to customers, customers are consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity (§13 BGB).

Our products are only sold to private customers for private use. Landario reserves the right to check the private customer status and to withdraw from the sale if necessary.

When purchasing products from customers, customers are consumers and business customers. Business customers must register with our customer service prior to the sale in order to obtain business customer status. Non-registered corporate customers are treated as private customers during contract processing. A retroactive change of status after conclusion of the contract is not possible.

(2) Purchase and sale agreements and the usage relationship are concluded between you and Landario UG (haftungsbeschränkt), with its registered office at Fachsenfelder Straße 2, 73434 Aalen, legally represented by the Managing Director Dominik Maier, registered in the Commercial Register ULM HRB 734108.

(3) The contractual language in the D-A-CH area is German for international contracts English. German law shall apply exclusively to all contracts. For legal disputes, the exclusive jurisdiction of the courts at Landario's registered office is agreed.

(4) Should individual provisions of this contract, in particular provisions of the general terms and conditions of use and business, be legally void or ineffective in whole or in part, the validity of the remaining provisions shall remain unaffected.

§ 2 Contractual texts

The contract texts are stored by us within the framework of the legal requirements. To view your contract texts, please contact our customer service. The contract documents sent to you by e-mail should, however, be saved if possible. You can view the contract documents for your orders with a customer account at any time in your customer account under "My orders". This function is not available for guest orders.

§ 3 Customer service

The Landario customer service for questions, criticism, complaints and claims can be reached with this Link

§ 4 Customer account and use of offer

(1) Registration with Landario.de is free of charge. By registering and using our services, you confirm that you have full legal capacity.

(2) Registration is carried out via the account opening registration form on our homepage, with an Amazon account or with a social media account. All information must be filled in completely and truthfully.

(3) All changes to the customer account data must be updated by the customer. The update can be carried out in your customer account under "My personal data" and "My addresses".

(4) To prevent misuse, the disclosure of your registration data to third parties is prohibited.

(5) Only one customer account may be opened per customer.

(6) You can have your data deleted at any time. To do so, contact our customer service. Your account will then be blocked immediately. The deletion of your customer account takes place after all buying and selling processes have been completed and all legal deadlines have expired.

§ 5 Purchase of used spectacle frames, sending costs, payment, ownership

(1) Conclusion of the contract

By using our purchase form on www.landario.de, you submit an offer to purchase your used spectacle frame. The brand of the frame from our selection and the condition of the frame are specified according to our criteria. Landario only buys branded frames. Frames for free or own brands of opticians are excluded from the purchase. We only buy frames that meet our quality requirements. The condition specifications are the selection options in our purchase form and the following conditions:

  • - Frames older than seven years are excluded from the purchase.
  • - Frames that are not brand-name spectacles or opticians' own brands are excluded from purchase.
  • - Modified frames (e.g. shortened temples, overpainted, exchanged parts, etc.) are excluded from purchase.
  • - Defective and damaged frames are excluded from purchase. This includes among others: Chipped paint, cracks, fractures, notches, etc.

After checking the details and clicking the "Sell now!" button, you submit a binding offer to sell to us. The price quoted in our purchase process is based on your description of your spectacle frame, if it actually matches your description. The quotation of this price does not constitute an acceptance of your offer to sell on the part of Landario.

You have 14 days to send us your frame after submitting your offer to sell. After receipt, your frame will be immediately checked and evaluated by our expert staff. At this point, we would like to expressly point out that entire consignments can be rejected, irrespective of the condition of the individual spectacle frame, if the inspection of the contents would be unreasonable for health reasons. Reasons against an inspection are, among others, if the packaging or parts of the contents are heavily soiled or if it can be concluded that there is moisture or mould in the consignment. You will be charged for any costs incurred. If your frame and its condition match the data in your offer, we will accept your offer by e-mail at the price already determined and a corresponding contract will be concluded.

If your frame or condition does not match the data of your offer, Landario will reject your offer and submit a counter-offer adapted to the frame and its condition. In the e-mail with the counter-offer you will be given the opportunity to accept or reject it within seven days. If the counter-offer is accepted, a contract is also concluded.

If our counter-offer is rejected, we will return your spectacle frames to you at your expense or donate them to charity. If your shipment cannot be delivered, we will ask you to provide us with your correct address within seven days. If you do not comply with this request and further requests within four weeks, you declare that the goods concerned shall be removed from the system and the spectacle frame shall become the property of Landario UG (haftungsbeschränkt). All claims to the spectacle frame and to the return of the goods will then no longer exist. We reserve the right to charge you for all costs incurred in this process.

If you do not expressly accept or reject our counter-offer within 14 days, we will assume that you accept our counter-offer without objection. In this case, a corresponding contract is also concluded on the basis of our counter-offer.

(2) Unless expressly regulated otherwise, a separate purchase contract shall be created for each spectacle frame.

(3) Products in the consignment for which there is no offer of sale will be regarded as a donation. You will not receive payment or a donation invoice for these donations.

(4) We bear the shipping costs for products from Germany, so that the shipment is free of charge for you. You will receive the shipping label by email after you have filled out our purchase form. The shipping label is only valid for shipping via DHL. If you choose to use another shipping company to deliver your item, you will be responsible for all shipping costs.  Roll-shaped shipping boxes are not permitted. The total weight of the box must not exceed 1kg.

(5) Shipping costs from abroad must be borne by the seller. Any customs and import costs incurred must also be borne by the seller.

(6) The dispatch of the spectacle frame(s) is your responsibility. The responsibility for the goods is only transferred to Landario when the properly packed goods are handed over. In order to minimise the risk of transport, we recommend that all spectacle frames are carefully packed.

(7) The payment of the purchase price will be made exclusively by bank transfer to the German account indicated at the time of sale or via PayPal. You are responsible for any costs incurred for bank transfers. If a transfer to the specified account is not possible, we will contact you by e-mail. If you do not provide us with correct bank details within seven days and do not comply with further requests within three weeks, you will forfeit your claim to the amount. In this case, your spectacle frame will be booked as a donation.

(8) By placing a bid, you warrant to us that you are the legal owner, or authorised to sell, the item offered.

(9) Each item must be free from any third party rights at the time of bidding and at all times thereafter. We reserve the right to ask for proof of ownership in case of doubt.

(10) By placing your bid, you agree to indemnify Landario against any and all claims of third parties, regardless of their origin or nature, with respect to the products. Furthermore, you undertake to compensate Landario for any damages and costs resulting from any necessary legal assistance and/or legal aid that may be required.

(11) A maximum of five frames per customer per calendar month may be sold to Landario, unless otherwise agreed in writing.

(12) In the event that a customer submits multiple offers of sale to Landario within two business days, the customer will receive a common shipping label for these offers for submission.

(13) If no shipment to Landario takes place despite sending a shipping label, we reserve the right to charge the customer a handling fee of 10€ (incl. VAT).

(14) In the case of the sending of frames which obviously violate our purchase criteria and/or which were obviously sent to us with false information, we reserve the right to charge you with 10 € (incl. VAT) for the resulting work. Such mailings will generally be rejected by Landario. In the case of rejected shipments, we will donate the frames to charity or we will return the frame at your expense. If you do not inform us of your decision after 14 days, we will contact you again within 4 weeks. If we do not receive any reaction from you, the frame will become the property of Landario UG (haftungsbeschränkt). If you wish to return the frame and if your shipment cannot be delivered, we will ask you to inform us of your correct address within seven days. If you do not comply with this request and further requests within four weeks, you declare that the goods concerned shall be removed from the system and the spectacle frame shall become the property of Landario UG (haftungsbeschränkt). All claims to the spectacle frame and to the return of the goods will then no longer exist. We reserve the right to charge you for all costs incurred in this process.

§ 6 Sale of used spectacle frames, reservations, default, subject matter of the contract, condition

(1) The presentation of goods and services in our online shop does not represent a legally binding offer of contract on the part of Landario, but a non-binding offer to the consumer to order goods. By ordering and completing the ordering process with a product from our online shop and pressing the "Buy" button, you enter into a binding purchase contract with us and place a binding order.

The order process consists of the following steps:

1. selection of the desired goods
2. confirm by clicking the "order" or "add to shopping cart" buttons
3. check the details in the shopping cart
4. confirm by clicking the button "checkout
5. enter personal data, select shipping service, select payment method
6. order overview
7. binding sending of the order by clicking the button "buy".

The order process can be cancelled by clicking on the "Cancel" button, by clicking on the Landario logo or by closing the Internet browser.

After submitting your order you will receive a confirmation e-mail with an overview and all important contract information. This email does not constitute an acceptance of your offer by Landario. The acceptance of the offer will be made in writing, in text form or by sending the ordered goods within four weeks.

(2) Adding a product to the virtual shopping cart does not constitute a reservation of the product.

(3) Should you be in arrears with payment to us, all existing claims shall become due immediately.

(4) The subject of the contract are the products selected by you within the framework of the order, which are named in the order and order confirmation. The prices stated in the order and order confirmation shall apply.

(5) All products offered by Landario are used unless otherwise stated in the respective product description. Exhibition items are also considered used. Used goods may show signs of use or minor limiting defects or deficiencies. All defects on the spectacle frames are listed in the product description.

(6) In the case of pictures of the products offered, colours may be distorted for technical reasons. All information on the spectacle frames is without guarantee.

§ 7 Reconditioning of customer frames/glazing of customer frames

(1) The process of refurbishing customer frames or glazing customer frames (also for students of HS Aalen) is carried out in the following steps:

1. selection of the desired service and corresponding goods
2. confirm by clicking the buttons "order" or "add to shopping cart
3. check the details in the shopping basket
4. confirm by clicking the button "checkout
5. enter personal data, select shipping service, select payment method
6. order overview
7. binding sending of the order by clicking the "buy" button
8. sending/transferring the version to Landario

(2) Depending on the material, reconditioning includes the following steps: cleaning, disinfection, polishing, final cleaning. Furthermore, the execution of any necessary minor repairs such as changing screws, nose pads or temple ends. Glazing only includes the new/first glazing of the frame without any associated repairs.

(3) Damaged frames are excluded from refurbishment and glazing.

(4) The scope of refurbishment does not include: Soldering, coating or lacquering. Lacquer defects and damage will not be repaired during refurbishment.

(5) The dispatch of the spectacle frame(s) is your responsibility. The responsibility for the goods is only transferred to Landario when the properly packed goods are handed over. In order to minimise the risk of transport, we recommend that all spectacle frames are carefully packed.

(6) The costs of sending the frame(s) to Landario will be borne by the buyer. The return costs to the buyer will be borne by Landario.

§ 8 Retention of title

All products remain the property of Landario UG (haftungsbeschränkt) until full payment has been received.


§ 9 Prices, shipping costs, payment and due dates

(1) All prices of our online shop are in Euro and include tax and plus shipping costs. VAT is shown on all Landario invoices. If you are logged in and have entered a third country as the delivery address, the prices may also be displayed without VAT.

(2) Payments can be made by bank transfer (prepayment), credit card, PayPal, direct debit or invoice. All amounts and invoices are due upon conclusion of the contract.

Bank transfer: You will receive our bank details after completing the order and in your order confirmation. The invoice amount must be paid within 14 days. Your goods will be sent to you after receipt of payment.

Credit card: This service is offered by PayPal. Please read the section "PayPal".

Direct debit: This service is offered by PayPal. Please read the part "PayPal".

Invoice: This service is offered via PayPal. Please also read the part "PayPal". If you choose invoice as payment method, Landario assigns the claims to PayPal. In this case you become liable to pay PayPal. Please note that payments with debt discharging effect can only be made to PayPal (Europe) S.à r.l. & Cie, S.C.A.. Payments to Landario will be reversed. Please find the payment details for PayPal on your invoice.

PayPal: Your invoice amount will be paid via the online payment provider PayPal. You will be redirected to the PayPal website (www.paypal.de). You may have to log in or register with PayPal. After your legitimation you follow the steps until the payment release to Landario UG (haftungsbeschränkt). For the payment agreement between you and PayPal, the "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.A., available at www.paypal.com, apply in the current version.

AmazonPay: Your invoice amount is paid via the online payment provider AmazonPay. You legitimise the payment to us in the order process. You may have to log in or register with AmazonPa. The payment agreement between you and AmazonPay is governed by the "AmazonPay Terms of Use" of Amazon Payments Europe S.C.A., available at www.amazonpayments.com, as amended.

Local payment on site: When collecting the goods, you can also use our local payment methods such as direct debit, Girocard, credit card, GooglePay and ApplePay. These payment methods are handled by iZettle AB. Cash on collection is not possible as Landario is a cashless business.

(3) Landario reserves the right to provide its customers with vouchers. These vouchers may be subject to certain conditions. Conditions will be noted on the respective voucher. Vouchers for new customers may only be used once per customer. Only one voucher may be used per purchase. Vouchers cannot be combined. If the voucher quantities are exceeded, we reserve the right to charge you for the amount of unauthorised redeemed vouchers. In the case of collective orders, the voucher will be offset against the quantity of goods ordered. In the case of (partial) revocations, the purchase price reduced by the value of the voucher will be paid out.

(4) The ordered goods will be shipped to your shipping address on the next working day upon receipt of payment. Unless otherwise stated in the product description, the delivery time is 1-7 working days, depending on the delivery time of the shipping company.

(5) The goods will either be sent by a shipping company or can be collected from Landario during the opening hours of our shop.

(6) If your goods cannot be delivered, you will bear the costs for the unsuccessful delivery. If the goods cannot be delivered through your fault despite several delivery attempts, we will declare our withdrawal from the contract. Your payments will be refunded minus the shipping costs. Any costs incurred may be charged to you by Landario.

(7) The following shipping costs apply, if applicable plus additional fees, which will be shown in the order overview: Shipping costs table: Shipping costs table

(8) Shipping is worldwide.

(9) The transport risk for all shipments from Landario to the consumer is borne by Landario. The transport risk for shipments to Landario is borne by the respective sender.

(10) For ordering and organising glasses on behalf of customers in our network, we charge a service fee of 20€ (incl. VAT) for this service. A refund of the service costs in case of a return is not possible.

§ 10 VAT refund

We do not assume any reimbursement of VAT in the case of private or commercial export of goods to non-European countries not caused by Landario.


§ 11 Revocation

Consumers have a right of withdrawal according to the following criteria. Consumers are all natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.


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Revocation policy

You have the right to cancel this contract within thirty days without giving any reason.

The withdrawal period is thirty days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must send us


Landario UG (haftungsbeschränkt)
Fachsenfelder Str. 2
73434 Aalen, Germany
E-Mail info@landario.de
Phone: +49 7366 704 00 38


by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached model cancellation form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we must refund all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.

The direct costs of returning the goods from Germany shall be borne by Landario, unless the order was collected from Landario. For "Click & Collect" orders, a return in the shop, or the return at the expense of the buyer is possible. The return costs from other countries shall be borne by the buyer.

You only have to pay for any loss in value of the goods if this loss in value is due to handling by you that is not necessary for checking the condition, properties and functioning of the goods.

Reference to the non-existence of the right of withdrawal:

The right of withdrawal does not apply to distance contracts,

  • for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
  • for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
  • for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
  • for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
  • for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,
  • for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,
  • for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
  • on services if the service has already been provided.

End of the revocation policy

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Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it to us. Ideally by e-mail).


To :
Landario UG (haftungsbeschränkt)
Fachsenfelder Str. 2
73434 Aalen, Germany
E-Mail info@landario.de
Phone:+49 7366 704 00 38

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)



_____________________________________________________

Ordered on (*)/received on (*)



__________________

Name of the consumer(s)


_____________________________________________________

Address of the consumer(s)



____________________________________________________

Signature of the consumer(s) (only in the case of notification on paper)



__________________

Date


__________________

(*) Delete where inapplicable.

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The purchase price will be refunded immediately after Landario has received and inspected the goods. The credit will be credited to your customer account. The amount of the credit note can be reduced by the use of vouchers (cf. $8 (3) of these GTC).

If possible, the original packaging or packaging with comparable protection should be used for the return. Please ensure sufficient protection against transport damage. Damage caused by inadequate packaging may be charged to you. The goods must be sent to us with all accessories (microfibre cloth, case, other accessories). If accessories are missing, your refund will be reduced accordingly.

You can also have your refunds paid out to any account. To do so, please contact our customer service. The payout will be credited to your account after two to seven working days. You are responsible for any costs incurred when transferring money abroad.


§ 12 Warranty

(1) If you have a warranty claim, please contact our customer service immediately. You can also arrange a return under "My customer account"- "My orders". Please note that the goods must be returned to us including the accessories supplied. If parts of the accessories are missing, the refund amount will be reduced accordingly.

(2) In case of a warranty claim, the refund will be made immediately after receipt and inspection of the goods by Landario. The credit will be made to your customer account. The amount of the credit can be reduced by the use of vouchers (cf. $8 (3) of these GTC).

(3) If possible, the original packaging or packaging with comparable good protection should be used for the return. Please ensure sufficient protection against transport damage. Damage caused by inadequate packaging may be charged to you.

(4) You can also have your refunds paid out to any account. Please contact our customer service. The payment will be credited to your account after two to seven working days. You are responsible for any costs incurred for transfers abroad.

(5) The statutory warranty rules and limitation periods apply, with the following restrictions:

The warranty period for used goods is twelve months, beginning with the delivery of the goods. Excluded from this reduction are all cases of the absence of a warranted characteristic, fraudulently concealed defects, as well as claims from guarantees, which are governed by the respective guarantee provisions.

The warranty does not cover damage caused by the use of third-party services. These include, but are not limited to: Glazing of the glasses, repair of the glasses and fitting/alignment of the glasses at opticians.

The statutory provisions apply to the warranty. You already have a right to rectification of defects or new delivery in the event of defects present when the goods are handed over. If the rectification of defects is unsuccessful, you have the right to a reduction in price or withdrawal from the purchase contract. Claims for damages are subject to the following restrictions. The warranty rights cannot be transferred to third parties.

(6) Limitation and limitation of liability for damages and reimbursement of expenses Subject to the following exceptions, claims for damages and reimbursement of expenses (hereinafter referred to as claims for damages) against us shall be limited to the typical contractual and typically foreseeable damage, excluding any loss of profit.

All claims for damages against us shall become statute-barred within one year from delivery of the goods.

These restrictions in terms of content and time do not apply

  • in cases of injury to life, limb or health and/or
  • in the event of intent or gross negligence on our part, and/or
  • in the event of a breach of material contractual obligations by us.

(7) We request that damage and obvious defects of the goods (e.g. transport damage) be reported to us as soon as possible. However, this is not a prerequisite for your claims due to such defects.


§ 13 Additional information when purchasing spectacle frames with prescription lenses

(1) By ordering spectacle lenses, you confirm that the spectacle values which are transmitted in the order originate from a measurement by an ophthalmologist or master optician which is not older than one year.

(2) We expressly point out that spectacle wearers should have their eyes checked at least once a year.

(3) The compatibility of the supplied lenses is the sole responsibility of the respective manufacturer. The spectacle lenses are ground directly into the ordered spectacle frame by the supplier and delivered to Landario. No liability can be assumed for incorrect use and handling.

(4) For optimal visual and wearing comfort, we recommend having the frame fitted by an optician.

(5) We do not assume any costs or guarantee for services provided by opticians.

(6) With your order you confirm that you are familiar with the handling and wearing times of glasses. Furthermore, you confirm that you have regular ophthalmological examinations. The glasses will be made according to the values you have given us, we do not accept any liability for incorrect information. The use of spectacles without individual consideration of the corneal vertex distance, the frame pre-tilt and the grinding height can be dangerous in road traffic.


§ 14 Dispute resolution

As of 15 February 2016, the European Union is making available an online platform which serves as a contact point for the settlement of disputes between consumers and traders in connection with online purchase contracts. The platform can be reached at http://ec.europa.eu/consumers/odr/. You can also contact our customer service directly if you have any problems..


Status of the GTC November 2021

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