General Terms and Conditions

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
Country Shipping method Costs Delivery time
Germany Orders under 100 € DHL, Deutsche Post 4,90 € 3-5 days
Germany Orders over 100 € DHL, Deutsche Post Free 3-5 days
EU DHL, Deutsche Post 8,90 € 5-10 days
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 Cancellation policy 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.
Country
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Shipping method
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Costs
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Delivery time
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Germany Orders under 100 €
DHL, Deutsche Post
4,90 €
3-5 days
Germany Orders over 100 €
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DHL, Deutsche Post
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Free
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3-5 days
EU
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DHL, Deutsche Post
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8,90 €
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5-10 days
(2) The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. (3) To exercise your right of revocation, you must inform us l’amour est bleu Käthe-Niederkirchner-Straße 4 10407 Berlin e-mail: [email protected] by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory. (4) 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 end of the revocation period. Consequences of the revocation (1) If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your revocation of this Agreement. For the repayment we will use the same means of payment that you used for the original order, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. (2) You must return the goods to l’amour est bleu, Käthe-Niederkirchner- Straße 4, 10407 Berlin, Germany, without delay and in any case within 14 days at the latest from the day you notify us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period has expired. (3) Returns in Germany: Orders from Germany can be returned free of shipping costs within the revocation period of 14 days. You can request a return label via your customer account or on https://lamourestbleu.com/ruecksendung-beauftragen/. Returns outside of Germany: Please understand that you have to bear the direct costs for the return. Please send your return shipment insured to the following address: l’amour est bleu Käthe-Niederkirchner-Straße 4 10407 Berlin / Germany (4) You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
Sample revocation form
(If you want to cancel the contract, please fill out this form and send it back). – To l’amour est bleu Käthe-Niederkirchner-Straße 4 10407 Berlin – 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) – Date _ (*) Delete as applicable.
§ 9 Repayment After receiving the returned items we will refund the purchase price within 14 days. For the refund we will use the same means of payment that you used for the original order, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. § 10 Settlement of disputes The European Commission provides an online dispute resolution (OS) platform, which you can access at http://ec.europa.eu/consumers/odr/findest. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. We do not participate in dispute resolution proceedings before a consumer arbitration board. § 11 Legal warranty The statutory liability for defects applies. On its platform https://lamourestbleu.com the provider provides customers with product information from third parties free of charge. The following terms of use apply to all customers. § 12 Offers of other brands The offerer makes articles of other salesmen available on its platform https://lamourestbleu.com to customers. The following terms of use apply to all customers. (1) The items offered on the platform https://lamourestbleu.com are generally sent to the buyer by the respective seller. (2) The settlement of payments for purchases of goods is carried out exclusively directly via the platform https://lamourestbleu.com. Payments are made exclusively via the payment service offered by the seller. The articles offered on the platform https://lamourestbleu.com can be paid for using various payment methods. The provider reserves the right to adjust the payment methods offered at any time. (3) As soon as the purchase price is received, the seller will be informed immediately about the receipt. The seller is obliged to send the sold item to the buyer within the delivery time stated in the item description after receiving the information about the receipt of payment. (4) The seller endeavors to exclusively display offers that are correct in content and legally sound. However, the provider does not assume any liability for the timeliness, correctness, permissibility, completeness and quality of the displayed offers. (5) The provider provides the sellers with account data and order data of the buyers, as far as they are necessary for the processing of the order. (6) The Provider is not a contractual partner in a purchase transaction between the Buyer and the Seller of other brands and does not assume any warranty for the object of purchase.
§ 13 Vouchers Action coupons (1) Promotional vouchers are vouchers that cannot be purchased in the store, but are offered by l’amour est bleu as part of advertising campaigns with a certain period of validity. (2) Promotional vouchers can only be redeemed within the specified period and only once during an order process. Promotional vouchers may be subject to a minimum order value. (3) In the case of value vouchers, the value of the goods must be at least equal to the amount of the promotion voucher. A difference to a higher value of goods can be compensated with the payment options offered by us. The value of a promotion voucher is neither paid out in cash nor does it bear interest. The promotion voucher will not be refunded if the goods are returned in whole or in part. (4) Promotional vouchers can only be redeemed before the order process is completed. A subsequent crediting is not possible. The promotion voucher cannot be transferred to third parties. Several promotion vouchers cannot be combined with each other, unless otherwise agreed. (5) Should you have used a promotion voucher with your order, we reserve the right to charge you the original price of the goods you keep, if due to a cancellation the total value of your order falls below or equals the respective value of the promotion voucher. Refund of vouchers 1) You have paid your entire order with a voucher: The value of the voucher will be credited to your account as a new voucher. The voucher code will be sent to you by e-mail. 2) You have paid only a part of your order with a voucher and the rest with a different payment method: The purchase amount of your retained items is less than your voucher value The voucher will be offset against the items you keep. The remaining voucher value will be credited as a new voucher. The amount paid beyond that will be credited according to your other chosen payment method. The purchase amount of your retained items is higher than your voucher value Your voucher will be fully credited to the items you keep. The rest of the purchase amount will be charged to you via the payment method you have combined with your voucher. § 14 Final provisions (1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods and international private law. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid. l’amour est bleu Käthe-Niederkirchner-Straße 4 10407 Berlin Managing Director: Thien Huynh Sales tax ID: DE 306643836 Status: 07.05.2021