Terms of service
Contractual terms and conditions within the framework of sales contracts concluded via the platform https://lamourestbleu.com
between
l'amour est bleu
Käthe-Niederkirchner-Straße 4
10407 Berlin
- hereinafter "Provider" -
and
will be closed to the users of this platform referred to in § 2 of these GTC - hereinafter referred to as "customer/customers".
§ 1 Scope
The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the "Buy now" button, he submits a binding request 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 provider then sends the customer an automatic acknowledgment of receipt by e-mail with the subject "Thank you for your order from l'amour est bleu", in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content 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. 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 the order, general terms and conditions and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout). The text of the contract is saved in compliance with data protection.
(3) The contract is concluded in the following languages: German.
§ 3 Delivery, availability of goods, payment terms
(1) Delivery times specified by us are calculated from the time of our order confirmation (§ 2 (2) of these General Terms and Conditions), provided the purchase price has been paid in advance.
(2) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately. If the delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case the provider is also entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and 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 pay in advance, Paypal, credit card, instant transfer and Giropay.
(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline.
§ 4 retention of title
Until the purchase price has been paid in full, the delivered goods remain the property of the provider
§ 5 Prices and shipping costs
(1) All prices stated on the website include the applicable statutory sales tax.
(2) Shipping costs
| country | Shipping method | Cost | Delivery times |
|
Germany
Orders under €150 |
DHL, Deutsche Post | 4.90 € | 2-3 business days (from completion) |
|
Germany
Orders from €150 |
DHL, Deutsche Post | free | 2-3 business days (from completion) |
| EU | DHL, Deutsche Post | 8.90 € | 5-10 business days (from completion) |
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer unless the customer makes use of any right of cancellation.
§ 6 Liability
(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless the customer is concerned with claims for damages resulting from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 7 Notes on data processing
(1) The provider collects data from the customer as part of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. 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) Without the consent of the customer, the provider will not use the customer's data for advertising, market or opinion research purposes.
(3) Further information on data processing can be found in our Data Protection Act.
§ 8 Statutory right of withdrawal
Revocation instructions
You can return your unworn items within 14 days. The return within Germany is free of charge. Custom-made products are non-returnable.
Once we have received your return request, we will email you the return label.
Right of withdrawal
(1) You have the right to withdraw from this contract within 14 days without giving a reason.
(2) The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
(3) In order to exercise your right of withdrawal, you must
l'amour est bleu
Käthe-Niederkirchner-Straße 4
10407 Berlin
E-Mail: service@lamourestbleu.com
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form, but it is not mandatory.
(4) To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
(1) If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For the repayment, we use the same means of payment that you used for the original order, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
(2) You must send the goods to l'amour est bleu, Käthe-Niederkirchner-Strasse 4, immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract , 10407 Berlin. The deadline is met if you send off the goods before the period of 14 days has expired.
(3) Returns in Germany: Orders from Germany can be returned free of charge within the cancellation period of 14 days.
Returns outside of Germany: Please understand that you bear the direct costs for the return.
Please send your return insured to the following address:
l'amour est bleu
Käthe-Niederkirchner-Straße 4
10407 Berlin
Germany
(4) You only have to pay for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, properties and functionality of the goods.
Sample cancellation form
(If you want to revoke 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 consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if notification is on paper)
- Date
_
(*) Delete where not applicable.
§ 9 Repayment
After receiving the returned items, we will refund the purchase price within 14 days.For the repayment, we use the same means of payment that you used for the original order, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is the earlier.
§ 10 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. We do not take part in a dispute settlement procedure before a consumer arbitration board.
§ 11 Legal warranty
The statutory liability for defects applies.
The provider makes product information from third-party companies available to customers free of charge on its platform https://lamourestbleu.com. The following terms of use apply to all customers.
§ 12 Offers from other brands
The provider makes items from other sellers available to customers on its platform https://lamourestbleu.com. The following terms of use apply to all customers.
(1) The items offered on the https://lamourestbleu.com platform are always sent to the buyer by the respective sellers.
(2) Payments for the purchase of goods are made exclusively directly via the https://lamourestbleu.com platform. Payments are made exclusively via the payment service offered by the provider. The items offered on the https://lamourestbleu.com platform 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 after receiving the information about the receipt of payment within the delivery time specified in the item description.
(4) The provider endeavors to only display offers that are correct in terms of content and legally impeccable. However, the provider assumes no liability for the topicality, correctness, admissibility, completeness and quality of the offers presented.
(5) The provider makes account data and order data of the buyers available to the sellers, insofar as they are necessary for processing the order.
(6) The provider is not a contractual partner in a sales transaction between buyer and seller of other brands and assumes no warranty for the object of purchase.
§ 13 Vouchers
Promotional vouchers
(1) Promotional vouchers are vouchers that you cannot buy in the shop, but that l'amour est bleu offers as part of advertising campaigns with a specific period of validity.
(2) Promotional vouchers can only be redeemed within the specified period and only once as part of an order process. Promotional vouchers can be linked to a minimum order value.
(3) In the case of vouchers, the value of the goods must at least correspond to the amount of the promotional voucher. You can compensate for a difference to a higher value of goods with the payment options we offer. The value of a promotional voucher is neither paid out in cash nor does it earn interest. The promotional voucher will not be refunded if the goods are returned in whole or in part.
(4) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless otherwise agreed.
(5) If you used a promotional voucher when placing your order, we reserve the right to charge you the original price of the goods you are keeping if the total value of your order falls below the respective value of the promotional voucher falls or equals this.
Gift Certificates
(1) Gift vouchers are vouchers that you can buy in the shop. These can only be used to purchase items from our shop https://lamourestbleu.com and not to purchase items from our partners. Gift vouchers can also be used to purchase additional gift vouchers. If the credit on your gift voucher is not sufficient for your order, you can make up the difference with the payment options we offer.
(2) Gift vouchers can only be redeemed before completing the ordering process. The value of a gift certificate cannot be exchanged for cash.
Shop with a voucher
- Our vouchers are valid for the entire range of l'amour est bleu, but not for the items from our partners.
- You can combine several vouchers for your order.
- There is no minimum order value for orders with vouchers.
- Our vouchers are valid for 3 years.
Paying with vouchers:
You were given a voucher? Choose something nice from our shop and put your items in the shopping cart. Enter your coupon code in the "Coupon code" field in the last step of the order.
You can find out more about shopping with vouchers here.
Refund of vouchers
Unfortunately we cannot pay you a voucher in cash. If you send items back to us, we will charge the voucher value as a new voucher that you can redeem for your next order in our shop.
You can find out more about refunding vouchers here.
Lost your voucher?
No need to worry! The voucher code is stored in the buyer's customer account.
Refund of vouchers
1) You paid for your entire order with a voucher:
The voucher value will be credited to you as a new voucher. The voucher code will be sent to you by email.
2) You only paid part of your order with a voucher and the rest with another payment method:
The purchase amount of your kept 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 in addition will be credited according to your other selected payment method.
The purchase amount of your kept items is higher than your voucher value
We will offset your voucher in full against the items that you are keeping. We will charge you the remaining purchase amount using the payment method that you have combined with your voucher.
§ 14 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law 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 provider's registered office
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
l'amour est bleu
Käthe-Niederkirchner-Straße 4
10407 Berlin
Managing Director: Thien Huynh
VAT ID: DE 306643836
Status: 08/20/2021