GENERAL TERMS AND CONDITIONS
Terms of Service
Online Shop (as of: 01.11.2020)
§ 1 Scope and Contractual Partner
(1)
For the business relationship between SCHWARZER Europe GmbH, Niermannsweg 11-15 40699 Erkrath, Germany, entered in the commercial register of the District Court of Düsseldorf, Germany, HRB 77842, registered office of the company: Düsseldorf tax number no. 147/6866/3327 (hereinafter "seller") and the customer (hereinafter "customer") for business in the online shop, at www.lemiladonis.com, for personal orders in a Le Mil Adonis store ("Order from Store Service") and in the Le Mil Adonis application for mobile devices (hereinafter "Mobile App"), the following General Terms and Conditions (hereinafter "GTC") apply in the version valid at the time of the respective order.
(2)
The GTC regulate the details of the contractual relationship and at the same time contain important consumer information in the legally applicable version. Using links in the online shop, the customer can call up the terms and conditions when ordering, save them on his computer and / or print them out. The general terms and conditions relevant for the order will be sent to the customer separately together with the contract confirmation on delivery of the goods on a permanent data carrier (by email in the PDF attachment).
(3)
The customer can contact customer service (hereinafter "Customer Care") for the online shop at any time if they have any questions, requests or complaints:
SCHWARZER Europe GmbH
c / o Le Mil Adonis, Customer Care
Niermannsweg 11-15
40699 Erkrath
Telephone +49 (211) 9252 7250
email: info@schwarzer-europe.eu
The range of goods in the online shop is aimed exclusively at consumers of legal age who have their habitual residence in the Federal Republic of Germany and who, with the exception of the island of Helgoland, provide a delivery address. A consumer in the sense of the legal definition is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
§ 2 Order process (1) The customer can select products from the seller's range and collect them in a so-called shopping cart using the "Add to cart" button. (2) If the customer clicks on the “order with obligation to pay” button, the customer makes a binding declaration that he wishes to purchase the goods in the shopping cart (“order”). (3) The value per order of whatever type (gross value of goods including VAT excluding shipping costs or other costs; hereinafter "order value") must be at least EUR 25 and may not exceed EUR 2,000. A maximum of 5 pieces of the same product with the same style (same color and size) can be ordered per order. In addition, goods are only sold in normal household quantities. (4) Before placing the order, the customer can view and change the order data at any time. A change can be made using the "Change shopping cart" button or via links to the individual order data fields and "Back" functions. (5) After submitting the order, the customer receives an automatic confirmation of receipt by email, which again reflects the content of the customer's order. (6) The seller is entitled to cancel a customer's order in the following circumstances: - the seller recognizes an obvious and unmistakable error in the price or description of the product; - the seller suspects illegal or fraudulent activities (see section C number II of the data protection regulations), even if the quantity of goods is higher than the usual quantities ordered; - the product is not in stock. In this case the seller will inform the customer immediately by email. In this case, the seller undertakes to reimburse all payments that he has already received from the customer for the undelivered goods (including any payments made for a specific shipping option) immediately (at the latest after 14 days) from the date of withdrawal. For this repayment, the seller uses the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer; In no case will the customer be charged fees for this repayment. (7) The customer's statutory right of withdrawal (see Section 7) and the customer's warranty rights remain unaffected by the above provisions.
(8) The final contract is in German. The contract text (consisting of the order, terms and conditions and contract confirmation) is saved by the seller in compliance with data protection and sent to the customer by email. Registered customers can also view their current confirmed orders in their personal My Le Mil Adonis customer account. § 3 delivery, delivery times (1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Delivery is only within the Federal Republic of Germany. with the exception of the areas mentioned in Section 1 (4). (2) If the Le Mil Adonis store search is offered in the input field for the delivery address when ordering ("Click & Collect Service"), the customer has the option of selecting a Le Mil Adonis store within Germany as the delivery address and making an appointment there for the personal Consultation to be agreed. During the ordering process, the customer can find out which Le Mil Adonis stores offer the Click & Collect service. (3) The seller informs the customer of the delivery time during the ordering process. Unless otherwise stated, the delivery period from order is approx. 3 to 5 working days for standard shipping and approx. 1 to 2 working days for express shipping. More detailed information on the shipping options and the shipping companies used can be found on the information pages of the online store. (4) After the goods have been handed over to the shipping company, the customer will receive a shipping confirmation from the seller by email, as well as all necessary information on the shipping status and, where available, a link to the shipment tracking of the transport service provider. (5) If the seller cannot meet a binding delivery deadline for reasons for which he is not responsible (e.g. due to force majeure), the seller will notify the customer of this immediately, stating the new delivery deadline. If the new delivery time is not acceptable to the customer, the customer is entitled to withdraw from the contract with regard to the goods in question; In this case the seller will immediately reimburse the customer for any consideration that has already been paid. The legal rights of the contracting parties remain unaffected. The customer's right of withdrawal and the customer's statutory warranty rights remain unaffected by the above provisions.
§ 4 prices and shipping costs (1) All prices stated in the seller's online store include the applicable statutory value added tax. The seller informs the customer of any shipping costs that may be incurred as well as any additional costs, e.g. for gift wrapping, during the ordering process and again in the shopping cart immediately before placing the order. The customer has to bear the shipping costs notified to him and any additional costs. § 5 payment (1) The seller only accepts the payment methods indicated to the customer during the ordering process. (2) When choosing a credit or debit card payment, the bank account is debited when the customer places the order. The amount to be paid will be debited from the bank account after the customer has entered the card details, but in no case before the “order with obligation to pay” button is pressed. (3) When using the payment method "Sofortüberweisung" or "PayPal", the bank or PayPal account is debited after the customer has placed the order. In order to execute the payment, the customer switches to the website of the payment method provider immediately after ordering and approves the transaction; from there the customer gets back to the seller's online store. (4) When using the payment method "PayPal Express", the PayPal account is charged after the customer has placed the order. To execute the payment, the customer switches to the website of the payment method provider before placing the order and approves the transaction in the event that the order is placed. From there, the customer returns to the seller's online store, where the customer can complete the order. (5) When using the payment method “purchase on account”, the customer only receives an invoice with the goods. With this type of payment, the customer must instruct his bank to pay the invoice amount, stating the transfer details stated on the invoice and within the stated period. The seller reserves the right to hedge the credit risk in individual cases to exclude certain types of payment, in particular purchase on account.
(6) The customer agrees that he will receive invoices electronically. Electronic invoices are sent to the customer in a pdf file attached by email. § 6 retention of title The delivered goods remain the property of the seller until the purchase price has been paid in full. § 7 right of withdrawal (1) When concluding a distance sale, consumers generally have a statutory right of withdrawal, from which deviations are only permitted in favor of the consumer. The seller informs about this in accordance with the legal regulations as follows: RIGHT OF WITHDRAWAL You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period begins on the day on which you or a third party named by you who is not a carrier has taken possession of the goods. In order to exercise your right of cancellation, you must inform us (contact details see below) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to cancel this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also download or print out another clear statement on how to exercise your right of withdrawal from our website. You can also exercise your right of cancellation by sending us the goods in question together with the return slip enclosed with the delivery within the cancellation period; a separate declaration is then not required. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Contact details for the revocation:
In the case of a written declaration of cancellation: SCHWARZER Europe GmbH c / o Le Mil Adonis, Customer Care Niermannsweg 11-15 40699 Erkrath In the event of revocation by email: info@schwarzer-group.eu In the event of a cancellation by telephone: +49 (211) 9252 7250 In the event of a declaration of cancellation by returning the goods: SCHWARZER Europe GmbH Le Mil Adonis - Returns - Niermannsweg 11-15 40699 Erkrath Consequences of withdrawal If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You must send the goods back to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract (see above). The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods yourself. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. (2) We provide information on the sample cancellation form in accordance with the statutory provisions as follows. However, it does not have to be used. Model withdrawal form (If you want to cancel the contract, please fill out this form and send it back.) - To [the name, address and, if applicable, e-mail address of the entrepreneur must be inserted by the entrepreneur]: - I / we (*) hereby revoke 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 the consumer (s) - Address of the consumer (s) - Signature of the consumer (s) (communication on paper only) - date (*) Delete where inapplicable
§ 8 Warranty The warranty for defects in the purchased goods is based on the statutory provisions. This applies regardless of the customer's statutory right of withdrawal in accordance with Section 7. The seller is only liable for damages in accordance with § 9. § 9 liability (1) The seller has unlimited liability for intent and gross negligence. In the case of simple negligence, the seller is only liable for damage resulting from injury to life, limb, health or an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner regularly relies and may rely). (2) In the event of a negligent breach of essential contractual obligations, the seller's liability is limited to the foreseeable, typically occurring damage. Otherwise the seller's liability is excluded. (3) The above limitations of liability also apply in favor of the legal representatives and vicarious agents of the seller. (4) The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims by the buyer under the Product Liability Act. § 10 right of withdrawal, costs of return in case of withdrawal (1) Consumers have the statutory right of withdrawal. The company informs customers, among other things, on its website about the existence or non-existence of a right of withdrawal as well as the conditions, details of exercise, in particular the name and address of the person to whom the withdrawal is to be declared, and the legal consequences of the withdrawal. In addition, when ordering via the Internet, the customer will be informed in text form of cancellation policy in accordance with the legal requirements at the latest when the contract is concluded.
(2) Consumers have goods which, due to their nature, can normally be returned by post (including parcel services) immediately and in any case no later than fourteen days from the date on which the consumer informs the company of the cancellation of this contract to Return or hand over company. The deadline is met if consumers send the goods before the period of fourteen days has expired. Consumers bear the direct costs of returning the goods. (3) The right of withdrawal does not exist in accordance with Section 312g (2) No. 1 BGB, in particular not in the case of distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to personal needs of the consumer are tailored. § 11 Warranty and Liability The customer's warranty rights and the company's liability are based on statutory provisions. § 12 data protection (1) The company undertakes to treat customers' personal data confidentially. The collection, processing and use of personal data takes place in accordance with the statutory provisions. A transfer of personal data to third parties takes place exclusively in the context of contract processing. The data received from the customer are collected, processed and used by the entrepreneur to process the contract. (2) Customers can request their personal data stored by the entrepreneur at any time. Information can also be provided by email. Customers can contact the company at any time for the deletion of user information within the framework of the statutory provisions. Further information on data protection can be found in the separate data protection declaration.
§ 13 Final provisions, place of jurisdiction, severability clause (1) German law applies to the legal relationship between the customer and the company, excluding the UN sales law. If provisions of the state in which a customer who is a consumer has his habitual residence provide for consumer protection that does not exist under German law, these provisions apply to the legal relationships between this customer and the company. (2) If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from this contract is Düsseldorf. The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the customer's domicile or habitual residence is not known at the time the action is brought. (3) The company is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, and the company does not offer participation in such a procedure. (4) Should individual provisions of these General Terms and Conditions be wholly or partially ineffective or become ineffective, this shall not affect the validity of the remaining provisions. (5) Contracts can be concluded in German or English.
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