1. Scope
1.1. These General Conditions (hereinafter "Terms" or "AGB") "Lingerie Harness Shop" (hereinafter referred to as the “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as the “Client”) enters into with the Seller for goods offered by the Seller in his online store. Contradicts any of the Client's own terms and conditions unless otherwise agreed.
1.2. These Terms also apply to the purchase of certificates unless otherwise agreed.
1.3. A consumer is considered an individual who has entered into a transaction for purposes that are primarily unrelated to his professional or business activities.
1.4. An entrepreneur is considered to be a natural or legal person or an exclusive partnership acting within the framework of its business or professional activity when concluding a transaction.
2. Conclusion of an agreement
2.1. The presentation of goods, especially in an online store, does not yet constitute a binding offer from the Seller.
2.2. First, the Customer places the selected product in the cart. The order process then begins, in which all the necessary data is entered to process the order.
When the order process is completed, a summary of the order and contract data is displayed. Only after confirming these data by clicking on the button that completes the order process, the Client makes a binding offer to purchase the goods in the basket.
The Client may also submit this proposal by fax, email, post or telephone to the Seller.
2.3. The Seller accepts the Client’s offer in the following possible ways:
- Sending a written order confirmation or an order confirmation in text form (fax or email)
or
- Request payment from the Client after placing an order
or
- Delivery of ordered goods
The period for accepting an offer begins the day after the Client submits the offer and ends five days after sending the offer. If the Seller does not accept the Client’s offer within the specified period, this is considered a refusal of the offer. In this case, the Client is no longer bound by his notice of will.
2.4. The text of the agreement concluded between the Seller and the Client is retained by the Seller. The text of the agreement is stored on the Seller’s internal systems. The General Conditions can be viewed by the Client at any time on this page. Order details, information on the right of withdrawal and Terms and Conditions are sent to the Client by email. After completing the order, the text of the agreement will be available to the Client free of charge through his personal account, if available.
2.5. All entered data is displayed before pressing the order button and can be viewed by the Client before submitting the order and adjusted using the "Back" button. in the browser or normal mouse and keyboard functions. In addition, if available, the Client is provided with correction buttons with appropriate markings.
2.6. The language of the agreement is English.
2.7. It is the customer's responsibility to provide the correct email address for communication and order processing, and to set up filters so that emails regarding that order can be delivered.
3. Prices and payment terms
3.1. Prices displayed are final prices including value added tax unless otherwise agreed.
If additional shipping costs arise, this will be stated in the product description.
3.2. In the case of delivery outside the European Union, the Customer may be required to pay additional customs duties, taxes or fees to customs or tax authorities, as well as banks.
It is recommended that you obtain additional information from the relevant agencies or authorities before placing your order.
3.3. The client can choose from the payment methods provided in the online store.
3.4. In case of prepayment by bank transfer, payment becomes obligatory immediately after the conclusion of the contract, unless otherwise agreed.
3.5. When paying via "PayPal" Payment processing is done via PayPal https://www.paypal.com/us/legalhub/privacy-full#personalData
3.6. When paying via "Stripe" Payment processing is done through Stripe https://stripe.com/privacy
4. Terms of delivery and dispatch
4.1. Delivery of goods is made to the delivery address specified by the customer unless otherwise agreed. In contrast, for payments via PayPal, the shipping address specified by the customer at the time of payment via PayPal is relevant.
4.2. If, due to the indication of an incorrect delivery address or the wrong addressee or other circumstances leading to the impossibility of delivery, additional costs are incurred by the seller, these must be reimbursed by the customer, unless he is responsible for the incorrect indication or impossibility of delivery. The same is true if the client is temporarily unable to accept the service, unless the seller has properly notified him of the service in advance. The exception is shipping costs if the customer effectively exercises his right to refuse. In this case, the legal conditions or conditions agreed upon by the seller are observed.
4.3. In the case of pickup, the customer is informed by the seller that the goods he ordered are available for pickup. After receiving this letter, the customer can pick up the goods, as agreed with the seller, at the seller's office or at another location specified by the seller. In this case, additional delivery costs will not be charged.
4.4. The client receives certificates in the following format:
- by email
- by download
- by mail
5. Right to refuse purchase
5.1. If the customer is a consumer, he usually has the right to refuse the purchase.
5.2. The seller's opt-out policy applies.
6. Ownership
If the seller makes an advance payment, the goods remain the property of the seller until the purchase price is paid in full.
7. Marriage guarantee
7.1. The warranty applies to the rules of statutory liability for defects, unless otherwise stated in these conditions.
7.2. The client is offered a recommendation for consideration by the seller about the possibility of advertising delivered goods with obvious damage during transportation and notifying the seller about this. Failure to do so does not affect the customer's rights under statutory or contractual guarantees.
8. Release from violation of third party rights
In the event that the seller undertakes to process the goods in accordance with the specific requirements of the client, the client is obliged to ensure that the content provided to him does not violate the rights of third parties. The parties agree that the client releases the seller from claims of third parties in this regard, except in cases where the client is not responsible for violation of rights. The release also includes the assumption of reasonable expenses necessary to defend the right, including all costs of litigation and attorney's fees at trial. The client is obliged to immediately, completely and accurately provide the seller with all information necessary to verify claims and defend.
9. Use of gift certificates
9.1. Certificates purchased from a merchant through an online store (“gift certificates”) can only be used in the merchant’s online store.
9.2. Gift certificates and gift certificate balances can be used up to the end of the third year following the year the certificate was purchased. Any remaining funds will be credited to the client's account before the certificate expires.
9.3. Gift certificates can only be used before completing the order process. They cannot be used later.
9.4. You can use multiple gift certificates in one order.
9.5. Gift certificates can only be used to purchase merchandise. Payment for other gift certificates is not allowed.
9.6. If the value of the gift certificate is not enough to pay for the order, one of the other offered payment methods can be used to make up the difference.
9.7. Funds on gift certificates are not returned and no interest accrues.
9.8. Gift certificates are generally transferable to third parties. The Seller shall be released from fulfillment of obligations to the customer who used the corresponding gift certificate if he did not know or was grossly negligent in not knowing that the right to use the gift certificate or its number had been transferred to another person, or if the gift certificate number provided by a third party is out of date. In this case, the buyer has the right to return if he shows that on the day the data was transferred by a third party, the gift certificate number was not used.
10. Using promotional certificates
10.1. Certificates purchased from a seller through an online store (“promotional certificates”) can only be used in the seller’s online store.
10.2. Share certificates and share certificate balances can be used until the end of the third year after the year the certificate was purchased. Possible residual The amount of funds will be credited to the client's account before the certificate expires.
10.3. Promotional certificates can only be used before completing the order process. They cannot be used later.
10.4. You can use several promotional certificates in one order.
10.5. Promotional certificates can only be used to purchase goods. Payment for other promotional certificates is not allowed.
10.6. If the value of the promotional certificate is not enough to pay for the order, one of the other offered payment methods can be used to cover the difference.
10.7. Funds on promotional certificates are not returned and interest is not accrued.
10.8. Share certificates, as a rule, can be transferred to third parties. The seller is released from fulfilling obligations to the customer who used the relevant promotional certificate if he did not know or was grossly negligent in not knowing that the right to use the promotional certificate or its number was transferred to another person, or if the promotional certificate number provided by a third party is out of date. In this case, the buyer has the right to return if he shows that on the day the data was transferred by a third party, the promotional certificate number was not used.
11. Applicable law
11.1. For these Conditions and for the entire legal relationship between the Seller and the Customer, the law of the Federal Republic of Germany applies, to the exclusion of rules aimed at protecting consumers in the state where the customer has his permanent residence. The application of rules aimed at protecting consumers is maintained if they provide the client with broader rights.
11.2. There is no provision for any alternative method of dispute resolution, including through arbitration.
11.3. Mandatory rules of the client's jurisdiction remain in effect.
12. Place of trial
If the customer is an entrepreneur, a limited liability company entity or a public partnership entity, the venue for all claims arising out of or in connection with these terms and conditions or the legal relationships to which they relate is the venue of the Seller. The seller, however, reserves the right to address the issue of violation in the client court.