1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of the company Simply Gorgeoushop (hereinafter referred to as the “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as the “Customer”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Customer’s own conditions is hereby objected to unless otherwise agreed.
1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly regulated otherwise.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for purposes that can be attributed to neither the consumer’s commercial activity nor the consumer’s self-employed professional activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but rather merely serve the purpose of allowing the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual shopping cart and passed through the order process, the Customer submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart by clicking the button finalizing the order transaction. The Customer can also submit the offer to the Seller by telephone, email or postal service.
2.3 The Seller can accept the Customer’s offer within five days
- by sending a written order confirmation or an order conformation in text form (fax or email), whereby the date of receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the date of receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placement of the order.
If more than one of the aforementioned alternatives apply then the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer’s offer within the aforementioned period of time then this shall be deemed as a rejection of the offer with the effect that the Customer is no longer bound by the Customer’s declaration of intent.
2.4 The period for acceptance of the offer commences on the day after the Customer has sent the offer and concludes at the end of the fifth day following the sending of the offer.
2.5 If an offer is submitted via the Seller’s online order form then the text of the contract will be stored by the Seller and will be sent to the Customer in addition to these GTC in text form (e.g. email, fax, or letter) after the Customer has submitted the order. In addition, the text of the contract will be stored on the Seller’s website and can be found by the Customer through the Customer’s password-protected customer account by entering the respective login information, provided that the Customer has created a customer account in the Seller’s online shop prior to submitting the order.
2.6 The Customer can correct the data entered using the usual keyboard and mouse functions at any time prior to the submission of the binding order via the Seller’s online order form. In addition, all data entered will be displayed once again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions prior to the submission of the binding order.
2.7 Contracts can be concluded in German as well as English. The Customer has to select one of the two languages at the conclusion of the contract.
2.8 Order processing and communication is usually carried out via email and automated order processing. It is the Customer’s responsibility to ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at that address. In particular, if spam filters are being used then it is the Customer`s responsibility to ensure that all emails sent by the Seller or by third parties commissioned by the Seller to perform the order processing can be delivered.
3) RIGHT OF CANCELLATION
3.1 Consumers are entitled to the right of cancellation in principle.
3.2 Further details about the right of cancellation are provided in the Seller’s Cancellation Policy.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller’s product description, the specified prices are total prices including the statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 Additional costs may be incurred in individual cases of delivery to countries outside the European Union for which the Seller is not responsible and which have to be borne by the Customer. These include things such as the costs for transferring money through banks (e.g. transfer charges, exchange fees) or import duties or taxes (e.g. customs). Such costs regarding money transfer may also be incurred if delivery is not made to a country outside the European Union but the Customer executes the payment from a country outside the European Union.
4.3 Various payment options specified in the Seller’s online shop are available to the Customer.
4.4 If prepayment has been agreed upon then payment shall be due immediately upon conclusion of the contract.
5) TERMS OF SHIPPING AND DELIVERY
5.1 Unless otherwise agreed, goods are delivered on dispatch route to the delivery address specified by the Customer. The delivery address specified in the Seller’s order processing is decisive for the processing of the transaction. Delivery is normally carried out within 14 calendar days.
5.2 If the transport company return the goods to the Seller because delivery to the Customer was not possible then the Customer shall bear the costs for the unsuccessful dispatch. This shall not apply if the Customer effectively exercises the right of cancellation, if the delivery could not be made due to circumstances beyond the Customer’s control, or if the Customer was temporarily hindered from accepting the offered service, unless the Seller had notified the Customer about the service at a reasonable time in advance.
5.3 In the case of collection by the Customer, the Seller shall first inform the Customer by email that the goods are available for collection. After receiving this email, the Customer can collect the goods at the Seller’s location upon consultation with the Seller. In this case no shipping costs will be charged.
6) RETENTION OF TITLE
If the Seller provides advance performance, the Seller shall retain the title of ownership to the delivered goods until the purchase price owed has been paid in full.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the object of purchase is defective then the provisions regarding legal liability arising from defective goods and defects of title shall apply.
7.2 The Customer is requested to notify the deliverer of any obvious transport damages and to inform the Seller accordingly. If the Customer fails to comply with this request, this shall not affect the Customer’s statutory or contractual claims for defects.
8) REDEMPTION OF CAMPAIGN VOUCHERS
8.1 Vouchers which are issued by the Seller free of charge for a specific period of validity within the framework of promotional activities and which cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the specified time period.
8.2 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order process. Subsequent offsetting is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must be at least the amount of the campaign voucher. Any remaining assets will not be refunded by the Seller.
8.6 If the value of the campaign voucher is not sufficient to cover the order then the Customer can choose one of the other payment methods offered by the Seller to pay the difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to interest.
8.8 The campaign voucher will not be redeemed if the Customer returns goods paid in full or in part through a campaign voucher within the framework of the Customer’s legal right of cancellation.
8.9 Campaign vouchers are only intended for use by the person specified on the voucher. The campaign voucher is not permitted to be transferred to a third party. The Seller is entitled but not obligated to check the eligibility of the respective voucher holder.
9) REDEMPTION OF GIFT VOUCHERS
9.1 Vouchers which can be purchased through the Seller’s online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller’s online shop unless otherwise specified on the voucher.
9.2 Gift vouchers and remaining assets of gift vouchers can be redeemed until the end of the third year following the year of the gift voucher purchase unless the applicable period of limitation is longer. Remaining assets will be credited to the Customer until the expiration date.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order process. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods, not for the purchase of other gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order then the Customer can choose one of the other payment methods offered by the Seller to pay the difference.
9.7 The gift voucher credit will not be redeemed in cash and is not subject to interest.
9.8 Gift vouchers are only intended for use by the person specified on the voucher. The gift voucher is not permitted to be transferred to a third party. The Seller is entitled but not obligated to check the eligibility of the respective voucher holder
10) APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all legal relations between the parties to the exclusion of laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country of the consumer’s habitual residence.
11) PLACE OF JURISDICTION
If the Customer is a trader, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany then the registered office of the Seller shall be the exclusive place of jurisdiction for all legal disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany then the Seller’s registered office shall be the exclusive place of jurisdiction for all legal disputes arising from this contract if the contract or claims arising from the contract concern the Customer’s trade or profession. In any event, however, in the aforementioned cases the Seller shall be entitled to bring proceedings in the competent court of the registered office of the Customer.
12) INFORMATION ABOUT ONLINE DISPUTE RESOLUTION
12.1 The EU Commission provides a platform for online dispute resolution that can be accessed by clicking the following link: http://ec.europa.eu/consumers/odr
This platform serves as the place to go for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
12.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure with a consumer arbitration service.