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Terms and Conditions & Right of Withdrawal
Table of Contents
- Scope
- Conclusion of the contract
- Right of withdrawal
- Prices and payment conditions
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Liability
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Alternative dispute resolution
- Cancellation policy and withdrawal form
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Corinne Samson & Joanna Kapitza GbR (hereinafter "we/us") apply to all contracts for the supply of goods concluded by you as a consumer or entrepreneur (hereinafter "you") with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms, unless we have agreed otherwise with you.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.
1.3 For the purposes of these GTC, you are a consumer if you conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity.
1.4 For the purposes of these GTC, you are an entrepreneur if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of the contract
2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that finalizes the ordering process. Furthermore, you can also submit the offer to us by e-mail.
2.3 We can accept your offer within five days,
- by sending you 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 you is decisive, or
- by delivering the ordered goods, in which case the receipt of the goods by you is decisive, or
- by requesting you to pay after placing your order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that you are no longer bound by your declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When ordering via our online order form, the contract text is stored by us after the contract is concluded and transmitted to you in text form (e.g., e-mail, fax, or letter) after you have sent your order. Any further accessibility of the contract text by us will not be provided.
2.6 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of your browser, which helps to enlarge the display on the screen. You can correct your entries within the electronic ordering process using standard keyboard and mouse functions until you click the button that completes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact usually take place via e-mail and automated order processing. You must ensure that the e-mail address you provide for order processing is correct so that you can receive the e-mails sent by us. In particular, when using SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our cancellation policy.
4) Prices and payment conditions
4.1 Unless stated otherwise in our product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment method(s) will be communicated to you in our online shop.
4.3 If you select a payment method offered via the "PayPal" payment service, payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal for which we provide advance performance (e.g., invoice purchase or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credit notes.
5) Delivery and shipping conditions
5.1 If we offer to ship the goods, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing is decisive.
5.2 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you exercise your right of withdrawal effectively. For the return costs, the provision made in our cancellation policy applies if you effectively exercise your right of withdrawal.
5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes to you upon delivery of the goods to you or a person authorized to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to you if you are acting as a consumer as soon as we have delivered the goods to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.
5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies in the event that the non-delivery is not our fault and we have concluded a specific hedging transaction with the supplier with due diligence. We will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.
5.5 If we offer the goods for collection, you can collect the ordered goods during our stated business hours at the address provided by us. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to you as follows:
– by e-mail
6) Retention of title
If we provide advance performance, we retain ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects shall apply. By way of derogation from this, for contracts for the supply of goods:
7.1 If you act as an entrepreneur,
- we have the choice of the type of subsequent performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, the rights for defects are excluded;
- the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The liability restrictions and time limits regulated above do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation of ours to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If you act as a merchant within the meaning of § 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If you fail to comply with the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If you act as a consumer, you are requested to complain about delivered goods with obvious transport damage to the deliverer and to inform us of this. Failure to do so has no effect on your statutory or contractual claims for defects.
8) Liability
The seller is liable to you for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:
8.1 We are liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If we negligently breach a material contractual obligation, liability is limited to the foreseeable, typically occurring damage, unless we are liable without limitation according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The above liability regulations also apply to our liability for our vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers that we issue free of charge as part of promotional campaigns with a specific validity period and which you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.
9.2 Promotional vouchers can only be redeemed by you as a consumer.
9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.
9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.5 Only one promotional voucher can be redeemed per order.
9.6 If our promotional voucher refers to a specific value and not to a percentage discount, your goods value must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by us.
9.7 If the value of the promotional voucher is insufficient to cover your order, you can choose one of the other payment methods offered by us to pay the difference.
9.8 The credit of a promotional voucher is neither paid out in cash nor does it earn interest.
9.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part with the promotional voucher within the scope of your statutory right of withdrawal.
9.10 The promotional voucher is intended solely for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to verify the substantive entitlement of the respective voucher holder.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to you until the expiration date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.5 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us can be chosen to pay the difference.
10.6 The credit of a gift voucher is neither paid out in cash nor does it earn interest.
10.7 The gift voucher is transferable. The seller can pay with debt-discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity, or the lack of power of representation of the respective holder.
11) Applicable law
For all legal relationships between us, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. If you act as a consumer, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn.
12) Alternative dispute resolution
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
13) Cancellation policy & withdrawal form
A. Cancellation policy
Introduction
Consumers are entitled to a right of withdrawal according to the following provision, where a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Corinne Samson & Joanna Kapitza GbR, Dachauer Str. 114, 80636 Munich, Germany, Tel.: +49 174 1755995 / +49 178 6129396, E-mail: hello@anotherbrand.de) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment as you used for the original transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us.
Returns can only be sent to the following address:
Another Brand / Corinne Samson, Tumblingerstr. 32, 80337 Munich, Germany.
The deadline is met if you send back the goods before the period of fourteen days has expired.
You shall bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
General information
1) Please avoid damaging or contaminating the goods. Please return the goods in their original packaging with all accessories and all packaging components to us. Use protective outer packaging if necessary. If you no longer have the original packaging, please provide suitable packaging to ensure adequate protection against transport damage.
2) Please do not return the goods to us carriage forward.
3) Please note that the aforementioned points 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.
B. Withdrawal form
If you wish to withdraw from the contract, please complete this form and return it.
You can also exercise your right of withdrawal online via the "Withdraw from contract" button in the footer. If you use this option, we will immediately send you a confirmation of receipt of your withdrawal (e.g., by e-mail).
To
Corinne Samson & Joanna Kapitza GbR
Tumblingerstr. 32
80337 Munich
Germany
E-mail: hello@anotherbrand.de
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
_______________________________________________________
_______________________________________________________
Ordered on (*) ____________ / received on (*) __________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
Withdrawal form
You can also use our withdrawal form to submit your withdrawal.