General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping terms
- Retention of title
- Liability for defects (warranty)
- Cancellation of gift vouchers
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter “AGB”) of Ulla Huprich, trading under “Amour Fou Fashion” (hereinafter “Seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter „Customer“) concludes with the seller with regard to the goods presented by the seller in his online store. Hereby, the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed upon.
1.2 For contracts for the supply of vouchers, these terms and conditions apply accordingly, unless insofar something different is expressly regulated.
1.3 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the online store of the seller do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the online store of the seller. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also make the offer by telephone to the seller.
2.3 The seller may accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after submission of the customer’s order
If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins to run on the day after the sending of the offer by the customer and ends with the expiry of the fifth day, which follows the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence 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 text of the contract will be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the online store of the seller before sending his order, the order data will be archived on the website of the seller and can be accessed free of charge by the customer via his password-protected user account by providing the appropriate login data.
2.6 Prior to binding submission of the order via the Seller’s online order form, the Customer can identify mögible 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. His entries can correct the customer in the context of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that under this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
4) Prices and terms of payment
4.1 Unless otherwise stated in the product description of the seller, the prices quoted are total prices that include the statutory VAT. If applicable, additional delivery and shipping costs are indicated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the customer in the seller’s online store.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: „Stripe“). Stripe reserves the right to perform a credit check and to refuse this payment method in the event of a negative credit check.
5) Delivery and shipping terms
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address deposited by the customer at the time of payment at PayPal is decisive
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the Hinsendung if the customer effectively exercises his right of withdrawal. For the return costs applies in the case of effective exercise of the right of withdrawal by the customer, the provision made in this regard in the cancellation policy of the seller.
5.3 In the case of self-collection, the seller shall first inform the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the Customer may pick up the goods at the Seller’s registered office by arrangement with the Seller. In this case, no shipping costs will be charged.
6) Retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his statutory or contractual claims for defects.
8) Einlösung of gift vouchers
8.1 Vouchers that can be purchased through the online store of the seller can be purchased (hereinafter “Gift Vouchers”), can only in the online store of the seller einöst be, unless otherwise stated in the voucher.
8.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
8.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent offset is not possible.
8.4 Only one gift voucher can be redeemed per order at any one time.
8.5 Gift certificates can only be used to purchase merchandise and cannot be used to purchase additional gift certificates.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to pay the difference.
8.7 The balance of a gift voucher will not be paid out in cash or earn interest.
8.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the Gift Voucher in the Seller’s online store. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
9) Applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
10.2 The Seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.