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Terms of Purchase

1. General

Unless defined below, capitalized terms used in these Terms of Purchase shall have the meanings ascribed to them in the Terms of Use.

Products available for purchase from the Website are intended for non-commercial use only and by placing an order you confirm that you are a consumer. LANG reserves the right to reject and/or cancel orders placed by commercial actors or by consumers that can be assumed to have an intent to sell.

By placing an order, you agree to be bound by these Terms for Purchase, as well as LANG Terms of Use, Warranty and Privacy Policy.

The terms and conditions of these Terms for Purchase, the Terms of Use, the Warranty and the Privacy Policy apply to all orders for the purchase of products placed by you. Please make sure you have read and understood them before placing your order. You may only place orders if you are able to form legally binding contracts, for example if you are 18 years or older and not hindered by any appointment of a guardian for you.

The inclusion of any products or services on the Website at a particular time does not imply or warrant that such products or services will be available at all times. LANG reserves the right to discontinue any product at any time.

LANG reserves the right to amend these Terms for Purchase from time to time without prior notice to you. The Terms for Purchase that will apply to your order will be those on the Website at the time you place your order.

2. Orders, deliveries, prices and delivery charges

You place your order through the system provided on the Website. Once you have placed your order you will receive an order confirmation, through e-mail.

Please note that for the safe delivery of any order you must state a correct delivery address and contact details (no P.O. boxes – since the courier requires a signature upon delivery). The delivery address is to be an address where you can be reached during ordinary business hours – Monday through Friday. You are not allowed to place orders via freight forwarding locations and warehouses or to locations other than the country you reside in. LANG reserve to right to reject and/or cancel any such orders. LANG is not responsible for any costs related to you providing LANG with an incorrect address or contact details, or an address where you cannot be reached during ordinary business hours – Monday through Friday.

It is not possible to redirect an order once it has been dispatched. All orders are shipped from Hamburg and Kandern, in Germany.

LANG exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order in accordance with your selected delivery option. Unfortunately, LANG may be unable to deliver to certain countries and/or regions, in which case you will be informed thereof either when placing an order or thereafter.

LANG endeavors to dispatch orders in the fastest possible time and aims to do so within 5 working days following confirmation of an order. Though LANG aims to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days from the moment the order was confirmed, you may cancel your order. Please, do note specific terms for deliveries for pre-orders below.

Once your order is ready to be shipped from one of our warehouses (Hamburg or Kandern, Germany) you will receive the shipping information through an e-mail.

If your order does not arrive by the scheduled date, please contact courier’s customer support with the provided tracking number in your order confirmation. If you have not received any tracking number, please contact LANG Customer Service by submitting a request.

The prices displayed at the Website include the statutory Value Added Tax (VAT) for sales within the European Union (“EU”). For orders for deliveries outside of the EU, LANG do not collect VAT, GST, duties and/or taxes, etc. for the products (“Charges”), and LANG can therefore not state what your total price will be (including such Charges). You as a customer are responsible for paying all Charges related to the products, as you are the importer of the products. We recommend you to contact you local custom for details related to such Charges before placing an order. In case you refuse to pay such Charges, your will not receive the products.

Order for uncollected products will automatically be cancelled, and you will be refunded any exceeding amount.

The cost for each delivery method is clearly indicated during the check-out process. If LANG is unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. If for any reason LANG is unable to fulfill your order, you will be informed thereof at the earliest opportunity. LANG will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a representative from LANG will contact you to settle the refund.

3. Withdrawal of an order

Right of withdrawal

You have the right to withdraw an order, in accordance with what is set forth below, without giving any reason, within 14 days of receipt of your order (or the last item of your order, if your order was received in multiple deliveries). To exercise the right of withdrawal, you must inform us via email of your decision to withdraw an order by an unequivocal statement. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. LANG only accepts an unused and undamaged product with the accompanying return document, in the original packaging.

Effects of withdrawal

Upon withdrawal you shall send back the products to LANG, together with its original packing, labels or tags, inserts, accessories, etc., to the address provided to you by our Customer Service, without undue delay and in any event no later than 30 days from the day on which you communicated your withdrawal to LANG. The deadline is met if you send back the products before the period of 30 days has expired. All products sent by you to LANG are at your risk and you will have to bear the direct cost of returning the products.

LANG shall reimburse to you all payments received from you, minus deductions as set forth below, including the costs of delivery, without undue delay and in any event no later than 30 days from the day on which LANG has received the products. LANG will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

You are liable for any diminished value of the products. This means the products should not have been damaged, soiled, washed or used and that any labels or tags should be intact. Please, do note specific terms for your liability for any diminished value for the LANG products below.

For TheWell and replacement filter cartridges, LANG will consider a product to be used if:

a. For TheWell:

i. Packaging of filter cartridges has been opened
OR
ii. Water has been added to the machine

b. For replacement filter cartridges: packaging has been opened

Upon receipt of the returned product, LANG will inspect it and notify you of its decision regarding the return.
If the returned product complies with the unused and undamaged conditions set forth above, LANG will refund all costs incurred in by you at the time of purchase. If the returned product does not comply with the unused and undamaged conditions set forth above, LANG will reserve the right to reduce or refuse refund.

If product has been damaged, no refund will be granted. If product has been used, LANG will deduct amounts as per the guidelines set forth below:

a. For TheWell:

i. Packaging of filter cartridges has been opened: the cost of new filter cartridges will be deducted (LANG cannot guarantee the hygiene of opened filter cartridges and can therefore not re-sell them)
ii. Water has been added to the machine: no refund will be granted

b. For replacement filter cartridges: no refund will be granted (LANG cannot guarantee the hygiene of opened filter cartridges and can therefore not re-sell them)

c. For LANGPAK: no refund will be granted

d. Clean water jars: the product will be cleaned and re-packaged. The cost of cleaning and re-packing will be deducted

Please include the following information via email if you wish to withdraw an order:
— To LANG Beverages SA:
— I (NAME) hereby give notice that I (NAME) withdraw from my (ORDER NUMBER) contract of sale of the following products (NAME OF PRODUCT(S)),
— Ordered on (DATE)/received on (DATE),
— Name of consumer(s),
— Address of consumer(s),
— Date

4. Terms of purchase for Pre-Order products

What is set forth below in this Clause 4 applies for pre-orders of products and is in addition to and in relevant parts replaces the ordinary Terms for Purchase.

You may pre-order a defined Pre-Order product separately or in combination with other products that are available for purchase on the Website. All products in such order will be shipped to you in the same parcel according to estimated shipping date of the defined Pre-Order product.

When you place a pre-order, you will be charged the full amount of the ordered products at the time of placing the pre-order.

All products under the pre-order are expected to be ready to be shipped at the estimated shipping date in the order confirmation e-mail. Such date is only an estimate, is subject to change, and LANG does not represent or warrant that LANG will be able to ship the product/s by the estimated date. As a result, in the event that a delay arises and the estimated shipment and/or release of the product/s is not met, LANG is not responsible for any damages that may occur due to the delay, nor shall LANG be obligated to provide any discounts, refunds or credits due to any such delays.

You have a right to withdraw from a pre-order in accordance with what is set forth in the ordinary Terms for Purchase. For the pre-order, the withdrawal period starts when you have received the product/s. If, however, the pre-order has not been shipped at the estimated shipping date in the pre order confirmation e-mail, you have the right to withdraw from the order by informing LANG via email of your decision to withdraw and you are thereafter refunded the full amount of the order.

x5. Damaged products

In case of any damages to a product or its packing upon delivery to you, LANG kindly ask you to notify LANG immediately upon receipt of the product. Please include in such notice information about the damage, including photos of the damage of the product and/or its packaging. When possible, don’t accept delivery from the courier of a product which arrives in damaged packaging.
If requested by LANG, you shall send back the product in question to LANG together with the courier’s original packing, the product’s original packing, labels or tags, inserts, accessories, etc., to the address provided to you by our Customer Service, without undue delay. LANG will help you arrange return shipping of such products, LANG is not able to refund or compensate you for any costs incurred by arranging your own courier/shipping/postal service.

6. Payment methods

You can pay for your products in the ways set out on the Website, at the time of your purchase. For credit card or debit card you can enter your payment details at the time you place your order using a valid credit or debit card (as accepted by LANG at the time of payment). LANG reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data is correct. LANG may refuse orders depending on the result of these checks. Please note that LANG does not accept cash or checks.

For all payments the applicable terms for such payments will apply.

7. LANG liability

If LANG breaches these Terms, LANG shall only be liable for losses that are a reasonably foreseeable consequence of such breach. LANG is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity. LANG is furthermore not responsible for any losses that are due to an event that is beyond LANG reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity. LANG maximum liability to you for any loss or damage arising in connection with your order on the Website shall be limited to the total price of your order. Nothing in these Terms shall exclude or limit LANG liability with regard to any matter for which it would be unlawful for LANG to limit or exclude LANG liability.

8. Inaccuracies on the Website

LANG cannot guarantee that the content of the Website is free of inaccuracies or typographical errors at all times, nor can LANG guarantee that all the information is up-to-date. Although LANG strives to display the correct texts, images and pricing on the Website errors may occur. LANG may at any time amend the content of the Website and reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case LANG will notify you by email and give you the option of placing a new order with the correct price or cancelling your order. If LANG are unable to contact you, your order will automatically be cancelled.

9. Colors

LANG makes all reasonable efforts to accurately display the attributes of the products, including composition and colors. However, the actual color you see will depend on your computer system and configuration, and LANG cannot guarantee that your computer will accurately display such colors.

10. Defective products

If there are defects in the products you have purchased, LANG abides by all statutory guarantee regulations. If you have a complaint regarding material or manufacturing faults in products that LANG has supplied, please inform LANG Customer Service by submitting a request.

11. Assignment

LANG reserves the right to assign or pledge to third parties any claim(s) for payment including any payment installments that have arisen in connection with the delivery of products.

12. Severance

If any part of these Terms for Purchase is disallowed or found to be ineffective by any court or regulator, the remaining terms and conditions shall continue to apply.

13 Governing Law

These Terms and Conditions are governed by Swiss law and any dispute shall be settled in a Swiss public court.