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Terms and Conditions & Right of Withdrawal
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Terms & Conditions
General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of 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
- Right of Withdrawal and Withdrawal Form
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Corinne Samson & Joanna Kapitza GbR (hereinafter referred to as "we/us") apply to all contracts for the delivery of goods concluded between you, as a consumer or entrepreneur (hereinafter referred to as "you"), and us concerning the goods displayed in our online shop. We hereby object to the inclusion of your own conditions, unless we have agreed otherwise with you.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise specified.
1.3 You are a consumer within the meaning of these GTC if you conclude a legal transaction for purposes that are predominantly neither commercial nor independent professional activities.
1.4 You are an entrepreneur within the meaning of these GTC if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of 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 concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process. You can also submit the offer to us by email.
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 email), whereby the receipt of the order confirmation by you is decisive, or
- by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
- by requesting payment from you after you have placed your order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. 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 consequence that you are no longer bound by your declaration of intent.
2.4 If you choose a payment method offered by PayPal, the payment will be processed 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, viewable at https://www.paypal.com
2.5 When ordering via our online order form, the contract text will be stored by us after the contract is concluded and sent to you in text form (e.g., email, fax or letter) after you have sent your order. We will not make the contract text accessible beyond this.
2.6 Before submitting your binding 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 recognition of input errors can be the zoom function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process using the usual keyboard and mouse functions until you click the button that concludes the ordering process.
2.7 Different 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 email and automated order processing. You must ensure that the email address you provide for order processing is correct, so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in our withdrawal policy.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in our product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 The payment option(s) will be communicated to you in our online shop.
4.3 If you choose a payment method offered via the payment service "PayPal", the payment will be processed via 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 advance payment (e.g., purchase on account 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 assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative credit check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returns, or credits.
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 you have provided, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.
5.2 If the 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 dispatch if you effectively exercise your right of withdrawal. For the return costs, the provision in our withdrawal policy applies if you effectively exercise your right of withdrawal.
5.3 If you are acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you when the goods are handed over to you or a person authorized to receive them. Notwithstanding this, if you are acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item 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-delivery. This applies only if the non-delivery is not our fault and we have concluded a specific hedging transaction with the supplier with due diligence. We will make all reasonable efforts to procure the goods. In the event of non-availability 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 within our specified business hours at the address provided by us. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to you as follows:
– by email
6) Retention of Title
If we provide advance performance, we reserve ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If you are acting as an entrepreneur,
- we have the choice of the type of supplementary performance;
- the limitation period for claims for defects for new goods is one year from delivery of the goods;
- claims for defects for used goods are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and reductions of deadlines regulated above do not apply
- to your claims for damages and reimbursement of expenses,
- in the event that we have fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual use and have caused its defectiveness,
- to any existing obligation on our part to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing right of recourse remain unaffected.
7.4 If you are acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If you fail to comply with the reporting obligations regulated therein, the goods shall be deemed approved.
7.5 If you are acting as a consumer, you are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform us thereof. If you fail to do so, this 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, as well as tortious claims for damages and reimbursement of expenses as follows:
8.1 We are liable without limitation for any legal reason
- in case of intent or gross negligence,
- in case of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If we negligently violate an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless we are liable without limitation according to the preceding paragraph. Essential 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 enables the proper execution of the contract in the first place and on the observance of which you can regularly rely.
8.3 Otherwise, our liability is excluded.
8.4 The foregoing liability regulations also apply with regard 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 promotions with a specific period of validity and that you cannot purchase (hereinafter "promotional vouchers") can only be redeemed in our online shop and only during 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, provided that 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 crediting 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 a percentage discount, your goods value must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by us.
9.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.
9.8 The credit of a promotional voucher is neither paid out in cash nor interest-bearing.
9.9 The promotional voucher will not be refunded if you return the goods paid for entirely or partially with the promotional voucher within the scope of your statutory right of withdrawal.
9.10 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is excluded. We are entitled, but not obliged, to check the material entitlement of the respective voucher holder.
10) Redemption of Gift Vouchers
10.1 Vouchers that can be purchased through our online shop (hereinafter "gift vouchers") can only be redeemed in our online shop, unless otherwise stated on 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 purchase of the voucher. Remaining balances will be credited to you until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting 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 not sufficient to cover the order, one of the other payment methods offered by us can be chosen to settle the difference.
10.6 The balance of a gift voucher is neither paid out in cash nor interest-bearing.
10.7 The gift voucher is transferable. The seller can make payment with 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, legal incapacity or 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 sale of movable goods. If you are acting as a consumer, this choice of law only applies insofar as the protection granted to you by mandatory provisions of the law of the state 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) Right of Withdrawal & Withdrawal Form
A. Right of Withdrawal Policy
Introduction
Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activities:
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 statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form for this, which is however not mandatory.
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.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you 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 or hand over the goods 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 will bear the direct cost of returning the goods.
You only have to pay for any diminished value of the goods if this diminished value is due to handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
General notes
1) Please avoid damage and contamination of the goods. Please return the goods in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2) Please do not send the goods back to us freight collect.
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 fill out this form and send it back.
You can also exercise your right of withdrawal online by clicking on 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 withdraw from 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 consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only for notification on paper)
_________________________
Date
(*) Delete as appropriate
Withdrawal form
You can also use our withdrawal form to submit your withdrawal.