Terms of contract in the context of sales contracts over the platform https://lamourestbleu.com between
l’amour est bleu Käthe-Niederkirchner-Straße 4 10407 Berlin
– in the following “Provider” – and
the users of this platform designated in § 2 of these General Terms and Conditions – hereinafter referred to as “Customer/Customers” – are concluded.
§ 1 Scope of application
For the business relationship between the provider and the customer, the following General Terms and Conditions of Business apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider agrees to their validity expressly in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the provider’s range of products and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking on the button “Buy now”, he submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(2) The Supplier will then send the Customer an automatic confirmation of receipt with the subject “Thank you for your order at l’amour est bleu” by e-mail, in which the Customer’s order is listed again and which the Customer can print out by clicking on the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective contents of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the Provider. The content of the order is summarized in this confirmation. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of order, terms and conditions and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract will be stored in compliance with data protection.
(3) The contract is concluded in the languages: German.
§ 3 Delivery, availability of goods, terms of payment
(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided that the purchase price has been paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier will also inform the customer immediately. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.
(3) The following delivery restrictions apply: The Provider only delivers to customers who have their habitual residence (invoice address) in one of the following countries and who can provide a delivery address in the same country: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Republic of Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Spain, Czech Republic, Hungary, United Kingdom, Cyprus, Austria.
(4) The customer can make the payment by advance payment, Paypal, credit card, immediate bank transfer and Giropay.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline.
§ 4 Retention of title
The delivered goods remain the property of the supplier until the purchase price has been paid in full.
§ 5 Prices and shipping costs
(1) All prices quoted on the website are inclusive of the applicable statutory value added tax.
(2) Shipping costs
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises a possible right of withdrawal.
§ 6 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of substantial contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or roughly negligent breach of duty of the offerer, its legal representatives or executing aides. Material contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favour of the Provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The regulations of the product liability law remain unaffected.
§ 7 Notes on data processing
(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, he observes the regulations of the Federal Data Protection Act and the Telemedia Act in particular. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
(2) The provider will not use the customer’s data for advertising, market or opinion research purposes without the customer’s consent.
(3) Further information on data processing can be found in our Data Protection Act.
§ 8 Legal right of withdrawal
You can return your unworn items within 14 days. The return within Germany is free of charge. After receiving your return request we will send you the return label by e-mail.
Right of withdrawal
(1) You have the right to cancel this contract within 14 days without giving reasons.
(If you want to cancel the contract, please fill out this form and send it back).
l’amour est bleu
– 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) (only in case of communication on paper)
(*) Delete as applicable.