This is a translation of the German legal text. For legal security please refer to the German version.
General Terms and Conditions of the Online-Shop „Larva – Historical Dressmaking“
§ 1 – Vendor, inclusion of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the online shop „Larva – Historical Dressmaking“ is Sara Geller, Unterer Riegersbach 8, 88138 Hergensweiler, Germany (referred to hereinbelow as the “Vendor“ for short).
(2) These General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
§2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the online shop „Larva – Historical Dressmaking“ for sale to Online-Shop users. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of products, conclusion of contract and implementation of the agreement will take place in German or English.
(3) The Vendor will deliver inside of Germany and the EU. International shipping is available on request.
(4) Customers select the merchandise desired by placing it in their “shopping cart” by clicking on the button “Add to Cart“. With the button „Go to Checkout“ the customer will reach the checkout process with the steps „Delivery Information“, „Payment Information“ and „Order Confirmation“. The order will be conclusively placed with the Vendor by clicking on the button “Confirm the Order”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(5) The Vendor is making a binding sales offer for the products presented in its shop. By transmitting the order using the button “Confirm the Order”, the customer accepts the sales offer. The Vendor will confirm the conclusion of the contract by e-mail (contract confirmation).
(6) The content of the contracts concluded is stored in the customer’s shop user account and may be viewed by the customer at any time in the shop portal by clicking on the item „My Account“ in the menu.
(7) The Vendor will inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance. Partial deliveries shall be made only with the customer’s prior consent.
§ 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. Prices are free of turnover tax (VAT, Umsatzsteuer according to § 19 Abs. 1 UStG. (Kleinunternehmerregelung)).
(2) The shipping costs are listed in the respective product description under the menu item “Shipping and handling”.
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment by bank transfer or against pre-payment using PayPal. With the contract confirmation the customer will get an e-mail with an internet link forwarding to the shop area „My Account“ where more information about the purchase process is available. Any payments shall be made in Euro.
a) Where the customer chooses „Bank transfer“ as payment method, the customer will be provided with the Vendor’s bank details in the step „Order Confirmation“ and with the confirmation e-mail. Bank transfers from abroad will only be accepted as payments in Euro exempt from charges.
b) Where the customer chooses „Paypal“ as payment method, the button “Confirm the Order” will forward the customer to the online service Paypal where the payment can be initiated.
(5) For bank transfer purchases the payment period is two weeks after receiving the contract confirmation. The Vendor will reserve the desired product for the customer during this time. It falls to the customer to initiate in due time. The Vendor reserves the right to recede from the contract and sell the product otherwise, where the payment is not received in due time. A payment that is received after the payment period will be refunded to the customer.
§ 4 – Shipment, delivery periods
(1) The Vendor shall submit the merchandise to the shipping company within the time given in the item description after receiving full payment.
(2) Unless stated otherwise in the item description, the shipping company requires around two business days for deliveries made in Germany and – depending on the distance – up to 4-10 business days for deliveries made to other countries.
(3) Where a delivery cannot be made because the customer has provided a wrong delivery address or the address is incomplete, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract. The Vendor shall inform the customer of the costs of re-shipping the merchandise by e-mail. The re-shipment shall be made only upon receipt of payment for these costs.
§ 5 – Information concerning the exercise of the right of withdrawal
(1) Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us
Larva – Historical Dressmaking
Propr. Sara Geller
Unterer Riegersbach 8
Tel.: +49 175 3545736
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(2) Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(3) Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of nonprefabricated goods made on the basis of an individual choice of or decision by the consumer or clearly personalised (e.g. made to measure clothing).
§ 6 – Warranty
All warranty claims of the customer shall be governed by the statutory regulations.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
§ 7 – Privacy
(1) The Vendor will collect and process the data input by customers in the course of their purchase for the purpose of processing the contract and performing in accordance with same. Where customers use the services of PayPal in order to pay for their purchase, the data protection provisions established by PayPal shall apply to the payment process. In this context, PayPal shall be taking action as the person employed by the customers in the performance of their obligations (Erfüllungsgehilfe), not as a person so employed by the Vendor.
(2) Allusion to § 13 TMG (German Broadcast Media Act)
a) Google Analytics
For using this website the stating personal information is not necessary. To analyze which content users are most interested in and to improve the content of this website this website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Many websites use Google Analytics. To prevent this or other websites to analyze your user behaviour you can additionally install a tool for deactivating Google Analytics. You can find the tool here.
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
b) Facebook Social Plugins
Our website uses social plugins (“plugins”) provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice “Facebook Social Plugin”. For a full list of all social Plugins please see https://developers.facebook.com/docs/plugins.
When you visit a page of our website that contains a social plugin, your browser establishes a direct connection to Facebook servers. Facebook directly transfers the plugin content to your browser which embeds the latter into the website, enabling Facebook to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the plugin and inform you according to our state of knowledge:
The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the plugins transmits your IP-address to Facebook.
If you are a Facebook member and do not want Facebook to connect the data concerning your visit to our website with your member data already stored by Facebook, please log off Facebook before entering our website. Further you can block Facebook social Plugins by using add-ons for your browser, like the “Facebook Blocker (Firefox)“.
§ 8 – Final Provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence ouside Germany to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(3) In case of any inconsistency between the German version of above provisions and their English translation the German version shall prevail.