TERMS AND CONDITIONS
Contract terms within the framework of purchase agreements that are concluded via the platform
Laura Goergens, Flemingstr. 90, 81925 Munich, Phone: +00491775288033
VAT Identification No.: DE 285167626 – hereinafter called “Vendor” –
the Customer indicated in Art. 2 of the contract – hereinafter called “Customer” -.
Art. 1 Scope, definitions of terms
(1) For the business relationship between the webshop Vendor (hereinafter called “Vendor”) and the Customer (hereinafter called “Customer”), the following general terms and conditions shall exclusively apply, as amended at the time of order. Deviating terms of the purchaser shall not be recognized, unless the Vendor expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to the Customer’s commercial or independent professional activity. By contrast, a merchant is any natural person or corporate entity or joint partnership having legal capacity which, with the conclusion of the contract, performs its commercial or independent professional activity.
Art. 2 Conclusion of contract
(1) The Customer can select products from the Vendor’s product range, particularly high quality swimwear and accumulate them in a so-called shopping cart by means of the button “ADD TO BAG.” With the button “ORDER NOW“, the Customer submits a binding request for purchase of the merchandise in the shopping cart. Prior to shipment of the order, the Customer can change and review the data at any time. However, the request can only be submitted and forwarded if the Customer, by clicking on the button “With your order, you agree to have read and understood our Terms and Conditions and your Right of Recission.”,accepts these terms and conditions and thus incorporates them into the request.
(2) The Vendor subsequently sends an automatic receipt via email to the Customer which restates the Customer’s order and which can be printed by means of the function “Print.“ The automatic receipt merely documents that the Customer’s order was received by the Vendor and does not constitute acceptance of the order. The contract shall only be legally binding upon issuance of the declaration of acceptance by the Vendor, which is sent out in a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of goods, the text of the contract (consisting of order, general terms and conditions, and order confirmation) shall be sent by us to the Customer on a durable medium (email or hardcopy) (contract confirmation). The text of the contract shall be stored and be subject to data protection.
(3) The conclusion of contract shall be in German.
Art. 3 Delivery, product availability
(1) Delivery times specified by us are calculated from the time of our order confirmation, prior payment of the purchase price provided (except for purchase on account). Provided that no or a deviating delivery time is specified for the respective product in our online shop, it shall be 3-5 days for deliveries.
(2) If no items of the product selected by the customer are available at the time of the placement of the order, the Vendor shall inform the Customer accordingly without delay in the order confirmation. If the product is not deliverable permanently, the Vendor shall refrain from issuing a declaration of acceptance. In such event, no contract shall be concluded.
(3) If the product specified by the Customer in the order is only temporarily unavailable, the Vendor shall also inform the Customer accordingly without delay in the order confirmation. In case of a delay in delivery of more than two weeks, the Customer shall have the right to rescind from the contract. The statutory right of cancellation of the Customer (see Art. 9 of these contract terms) shall not be affected. Moreover, in such case, the Vendor shall also be entitled to rescind from the contract. If applicable, the Vendor shall then immediately refund any payments already made by the Customer.
(4) The following delivery restrictions shall apply: The Vendor shall only deliver to Customers whose usual place of residence (billing address) is in one of the following countries and who can specify a delivery address in the same country:Albania, Andorra, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Greece, Great Britain, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Moldavia, Monaco, Montenegro, Netherlands, Norway, Austria, Poland, Romania, San Marino, Sweden, Switzerland, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Ukraine, Hungary, Vatican City, Belarus, Cyprus. Deliveries to other countries will only be made after individual consultation.
Art. 4 Reservation of ownership
Until full payment, the goods delivered shall remain the property of the Vendor.
Art. 5 Prices and shipping charges
(1) All prices specified on the website of the Vendor include the currently applicable statutory value added tax.
(2) The appropriate shipping charges will be specified for the Customer in the order form and shall be payable by the customer, provided that the Customer does not exercise the right of cancellation. Shipping to the Customer in Europe shall be free of charge.
(3) The goods shall be shipped by mail with DHL. The Vendor shall bear the shipping risk if the Customer is a consumer.
(4) In case of a cancellation, the Customer shall bear the direct costs of the return.
Art. 6 Payment terms
(1) The Customer can pay by Paypal.
(2) The customer shall have the option of changing the payment method on the Customer’s user account at any time.
(3) Payment of the purchase price shall be due immediately upon conclusion of contract. If the due date is determined by the calendar, the Customer shall be in default by failing to meet such date. In such case, the Customer shall have to pay to the Vendor default interest in the amount of 5 percentage points above the base interest rate.
(4) The obligation of the Customer to pay default interest shall not preclude the Vendor’s assertion of further damages caused by delay.
Art. 7 Materials defect warranty, guarantee
(1) The Vendor shall be liable for material defects in accordance with the applicable legal requirements, particularly Art. 434 et seqq., German Civil Code. The warranty period for goods delivered to merchants by the Vendor shall be 12 months.
(2) An additional guarantee for goods delivered by the Vendor shall only apply if it was expressly specified in the order confirmation for the corresponding article.
Art. 8 Liability
(1) Claims for damages by the Customer are excluded with the exception of claims for damages by the Customer due to injury to life, body, or health, or the breach of material contractual obligations (cardinal obligations) as well as liability for other damages based on a willful or grossly negligent breach of duty by the Vendor, the Vendor’s representatives or subcontractors. Material contractual obligations are those which are required to be executed in order to fulfill the contractual objectives.
(2) In case of a breach of material contractual obligations, the Vendor shall only be liable for foreseeable damages typical for the contract if they were caused by simple negligence, provided that it is not a claim for damages by the Customer due to injury to life, body, or health.
(3) The restrictions of paragraph 1 and 2 shall also apply to the benefit of the legal representatives and subcontractors of the Vendor if claims are asserted directly against said legal representatives or subcontractors.
(4) The provisions of the product liability law shall remain unaffected.
Art. 9 Cancellation policy
(1) In principle, consumers have a statutory right of cancellation upon the conclusion of a long-distance transaction, for which the Vendor, in accordance with the legal sample, shall provide the following information. The exceptions for the right of cancellation are stipulated in paragraph (2). Paragraph (3) contains a sample cancellation form.
Cancellation policy Right of cancellation
You have the right to cancel this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day that you or a third party named by you, who is not the carrier, have/has taken possession of the goods.
In order to exercise your cancellation right, you must inform us (Laura Goergens, Flemingstr. 90, 81925 Munich, Email: email@example.com) by means of a clear statement (email) about your decision to cancel this contract. For such purpose you may use the enclosed sample cancellation form which, however, is not mandatory.
In order to be in compliance with the cancellation period, it shall suffice that the notice regarding exercise of the right of cancellation is sent before expiration of said cancellation period.
Consequences of the cancellation
If you cancel this contract, we shall be required to immediately and no later than within fourteen days refund all the payments which we have received from you, including delivery costs on the same day that we will have received the notice about your cancellation of this contract. For the refund, we shall use the same payment method that you have used for the initial transaction, provided that no agreement to the contrary was expressly entered between us; on no account will you be charged with compensation for said refund.
We have the right to withhold the refund until we have received the return merchandise or until you furnish proof that you have sent back the merchandise, whichever is the earlier date.
You must send back or hand over the merchandise immediately and at any rate no later than within fourteen days from the day on which you inform us about the cancellation of this contract. The period shall be deemed kept if you send the merchandise prior to the expiration of the period of fourteen days.
You shall bear the direct costs of the return of the merchandise.
You shall be required to pay for a possible loss of value of the merchandise only if an examination of condition, properties, and functionality shows that such loss of value can be attributed to a handling other than what is necessary by you.
(2) The right of cancellation does not apply to contracts which are not prefabricated and which have been produced on an individual choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer.
(3) Regarding the sample cancellation form, the Vendor shall provide the following information in accordance with statutory rule:
Sample Cancellation Form
I/We (*) herewith cancel the contract entered by me/us (*) regarding the purchase of the following merchandise (*)/ the performance 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 case of hardcopies)
(*) Cross out all that do not apply
Art. 11 Final provisions
(1) For contracts between the Vendor and the Customer, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory regulations regarding the restrictions of choice of law and application of mandatory regulations particularly of the country that is the usual place of residence of the Customer as consumer, shall remain unaffected.
(2) If the Customer is a merchant, a corporate body under public law, or a public separate estate, jurisdiction for all disputes from contract relationships between the Customer and the Vendor shall be the place of business of the Vendor.
(3) Even in case of legal invalidity of individual provisions, the remaining parts of the contract shall remain binding. If provided, the void provisions shall be replaced by the statutory provisions. If this were to place undue hardship on one of the contractual parties, the contract shall become null and void in its entirety.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.