TERMS & CONDITIONS
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GENERAL TERMS AND CONDITIONS FOR THE ANTONIA ZANDER-WEBSHOP
(WITH CUSTOMER INFORMATION)
The following General Terms and Conditions also contain legal information on your rights in accordance with the provisions on contracts in distance selling and electronic commerce.
1. SCOPE OF APPLICATION, CONTRACTING PARTY
1.1.These General Terms and Conditions (“GTC”) apply to all contracts concluded between you as a customer (“you”) and Antonia Zander (“ANTONIA ZANDER”) as the operator of the online shop at www.antoniazander.com (“ANTONIA ZANDER Web Shop”). Within the framework of the order process, you acknowledge the GTC in the version valid at the time of placing the order. Deviating or supplementary General Terms and Conditions of the Customer shall only apply insofar as ANTONIA ZANDER has agreed to them in text form in individual cases.
1.2.These General Terms and Conditions apply to consumers. According to the statutory definition (§13 BGB), a consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.3.Your contractual partner is ANTONIA ZANDER. If you have any questions, requests or complaints, please contact ANTONIA ZANDER at +49 89 – 44454703, or by e-mail at firstname.lastname@example.org
2. CONCLUSION OF CONTRACT
2.1 The presentation of the products in the webshop does not yet include a binding offer to sell. The goods selected by you are first collected in a virtual shopping basket. Goods in the shopping cart are not reserved for you and can be purchased by other customers in the meantime. After providing your contact details, payment and shipping information, you make a binding purchase offer yourself by clicking on the order button. Before that you have the possibility to check your data and to change them if necessary or to correct input errors. Your binding order can only be dispatched if you have expressly accepted these GTC. The offer to conclude a purchase contract is made by you as the customer by clicking on the button [Order now subject to payment].
2.2 The receipt of your order is confirmed by an automated e-mail immediately after sending your order; this does not yet represent an acceptance of the contract by ANTONIA ZANDER, but is merely for your information.
2.3 The contract is only concluded by an express order confirmation by e-mail from ANTONIA ZANDER or by dispatch of the ordered goods.
3 DELIVERY, AVAILABILITY OF GOODS, RIGHT OF WITHDRAWAL
3.1 The delivery period shall commence as soon as full payment of the purchase price has been received. Your order will be dispatched within two to three working days after receipt of the purchase price.
3.2 We do not deliver to packing stations, P.O. Boxes or P.O. Boxes. All orders must be signed to confirm receipt.
3.3 If you have opted for an individually manufactured part (e.g. ponchigurator) which is made to order for you, the delivery time shall be up to 6 weeks after receipt of the purchase price, notwithstanding Item 3.1. We will always endeavour to deliver as quickly as possible.
3.4 After your order has been shipped, you will receive an email with a tracking number to track your order online.
3.5 If an ordered product is not available, ANTONIA ZANDER may reject your purchase offer. In this case, ANTONIA ZANDER will immediately inform you and refund any consideration already paid.
4. PRICES, SHIPPING COSTS, CUSTOMS DUTIES
4.1 The final prices stated in the web shop include the statutory value added tax. The indicated prices are valid for deliveries to countries of the EU including the value added tax valid for Germany.
The prices for deliveries to countries of the European Union (“EU”) are stated in Euro (EUR). Any refunds shall also be made on the basis of the payment originally made by you, without taking into account changing exchange rates.
4.2 The purchase price is due immediately after conclusion of the contract.
4.3 Delivery costs
Standard (1-4 working days): 10,-
Express (1 – 2 working days): 20,-
Standard (1-4 working days): 15,-
Express (1 – 2 working days): 35,-
Standard (1-4 working days): 25,-
Express: on request
Deliveries to Liechtenstein and Switzerland:
Standard (2 – 4 working days) 25,-
Express (1 – 2 working days) 45,-
If the value of the goods exceeds 1000,-, customs export documents must be issued. In addition to the delivery costs 45,- will be charged for handling.
Deliveries to USA, Canada, Australia:
4.4 In the case of shipment to a non-EU country, additional taxes and costs (e.g. customs duties) may be incurred in connection with your order, which cannot be paid by us or invoiced by us, but must be paid directly by you to the responsible customs or tax authorities. Please ask these authorities for details.
5. PAYMENT, RETENTION OF TITLE, INSURANCE
5.1 We only accept the payment methods that are displayed to you when you place an order: Credit card payments with AMEX, VISA and MASTERCARD. Payment by PAYPAL and TRANSFER ASAP.
When paying by bank transfer, the payment will be processed by SOFORT GmbH, Fußbergstraße 1, 82131 Gauting, Germany.
In case of payment by credit card or any other payment method where your account is not maintained in the currency specified at the time of purchase, your account will be debited on the basis of the exchange rate applicable at the time of settlement of the transaction by your card issuer or payment service provider and as determined by the card issuer or payment service provider.
Your PayPal payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms and conditions of the contracting parties shall apply. If you pay with PayPal, you will be redirected to the PayPal page at the checkout where you can log in and complete the payment process. Once the payment has been made, you will be redirected to ANTONIA ZANDER.
All transactions on this website are processed via STRIPE. This is a secure online payment portal where your payment details are encrypted in a secure host environment.
ANTONIA ZANDER also offers you the possibility to store your credit card details so that you can shop with us faster and easier. Your credit card number is not displayed completely – only the last four digits are visible. This allows you to quickly and easily identify which of your credit cards you are using. You can delete your credit card details at any time by deactivating the “Save my payment methods” function on the payment page.
Please note that you will need to re-enter your credit card details if you wish to change your existing addresses or add new ones. This is to protect your personal information from third parties.
5.2 The delivered goods remain the property of ANTONIA ZANDER until full payment has been received.
5.3 During transport, your order is insured by ANTONIA ZANDER until it is delivered. Upon delivery and signature, liability for the purchased items shall pass to you. If you are not the recipient yourself (e.g. in the case of a gift), then you accept the performance of the contract by ANTONIA ZANDER and the transfer of liability to the recipient.
6. STATUTORY RIGHT OF REVOCATION / RETURN
6.1 When concluding a distance selling transaction, consumers have a statutory right of revocation, which ANTONIA ZANDER informs about below in accordance with the statutory model.
In section 6.2 you will find a sample revocation form.
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. If you have ordered several goods under a single order and these goods are delivered separately, the withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the last goods. Excluded from this is goods that have been specially manufactured for you, as these require an extended delivery time and are excluded from return (e.g. Ponchigurator).
In order to exercise your right of withdrawal, you must inform us (ANTONIA ZANDER) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. PONCHIGURATOR).
Consequences of revocation
If you revoke this Agreement, all payments received by ANTONIA ZANDER from you, including delivery costs (but excluding any costs resulting from your choosing a different type of delivery from the cheapest standard delivery offered), will be refunded to you immediately and no later than fifteen days from the date on which we received the revoked goods. This refund will be made using the same means of payment you used in the original transaction, unless otherwise expressly agreed and in no event will you be charged for this refund. Repayment may be refused until ANTONIA ZANDER has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which you notify ANTONIA ZANDER of the revocation of this Agreement. The period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods. The goods must be returned to Antonia Zander insured and traceable. You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for testing their condition, properties and function.
6.2 ANTONIA ZANDER will inform you of the withdrawal form template in accordance with the statutory provisions as follows:
Withdrawal form – sample
(If you want to cancel the contract, please fill out this form and send it back.)
– To: ANTONIA ZANDER, Wörthstrasse 18a, 81667 Munich, Germany
– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name(s) of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
6.3 Please take any revocation into consideration when fitting.
Please only return items that are new, unworn, undamaged, unwashed, in perfect condition and with all original ANTONIA ZANDER labels. The goods must otherwise be returned complete, i.e. in the original sales packaging together with any instructions and undamaged seals or other components. Returns which do not correspond to this will not be accepted and will be returned to you.
7 .STATUTORY WARRANTY
Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions. ANTONIA ZANDER shall be liable for damages exclusively in accordance with Clause 8.
8. LIABILITY FOR DAMAGES
8.1 ANTONIA ZANDER shall be liable for damages in accordance with the statutory provisions, unless otherwise specified below.
8.2 In the event of breaches of duty – for whatever legal reason – ANTONIA ZANDER shall be responsible for intent and gross negligence within the scope of its liability for culpa in contrahendo. Subject to a milder standard of liability in accordance with statutory provisions (e.g. for care in its own affairs), ANTONIA ZANDER shall only be liable in the event of ordinary negligence:
1. for damages resulting from injury to life, body or health and
2. for damages arising from the not inconsiderable breach of an essential contractual obligation (obligation the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, liability is limited to compensation for the foreseeable, typically occurring damage.
The above limitations of liability shall also apply to third parties as well as to breaches of duty by or for the benefit of persons whose fault ANTONIA ZANDER is responsible for in accordance with statutory provisions.
9. DISPUTE RESOLUTION FOR CONSUMERS
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available under the following link: https://ec.europa.eu/consumers/odr. However, we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. CONTACT FOR QUESTIONS, COMMENTS AND COMPLAINTS
10.1 Contact for questions, comments and complaints
For any questions, comments or complaints regarding your order and its processing, you can contact us at any time. You can reach our customer service Monday to Friday (except on public holidays) from 11:00 a.m. to 5:00 p.m. (CET) at the telephone number: +49 89-444 547 03 or by e-mail to email@example.com Further details on our customer service can be found under www.antoniazander.com/faq
11. CONTRACT LANGUAGE, SAVING THE CONTRACT TEXT
11.1 The order and the conclusion of the contract are possible in German or English.
11.2 You can view these GTC online at antoniazander.com. In addition, you can save or print these GTC by using the corresponding functions of your browser. You can also download this document in PDF format from antoniazander.com Online https://antoniazander.com/agb.pdf and archive it on your device. To open the PDF file you need the free program Adobe Reader (under www.adobe.de or get.adobe.com/reader) or a comparable program which supports the PDF format.
12. CONCLUDING CLAUSES
12.1 These General Terms and Conditions and the contractual relationship with you shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.2 If the customer places an order via our webshop, only the German version of these terms and conditions shall apply.
12..3 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
Version: November 2018
Registergericht: Amtsgericht München
Umsatzsteuer ID: DE 814203386