You will find the statutory mandatory information within the meaning of Art. 246a § 1 EGBGB in the following paragraphs:

• Cancellation policy including model cancellation form: § 4
• Statutory liability for defects: § 13 and § 14
• Terms of payment: § 11
• Terms of delivery: § 7

§ 1 Scope and business purpose

fashionette AG (hereinafter “fashionette” or “vendor”) offers various designer items (including handbags and accessories) for sale.

These general terms and conditions apply to all our deliveries and services (hereinafter: “deliveries”) to our customers. They apply exclusively; We do not recognize any customer conditions that conflict with or deviate from our General Terms and Conditions or the statutory provisions, unless we have expressly agreed to their validity in writing.

§ 2 Terms of Use

We are under no obligation to accept any registration or order from a registered customer. Likewise, we are not obliged to keep our offer permanently available. Orders that have already been confirmed remain unaffected.

We do not offer registration for minors or other persons with limited legal capacity or incompetence. Furthermore, registration is only possible for natural persons. You are obliged to report any changes to information requested during registration immediately the next time you use the respective domain.

If incomplete or untrue information is provided during registration or if you fail to notify us of any changes, we can exclude you from using our domains with immediate effect. You are obliged to treat your personal access data confidentially and not to make them accessible to unauthorized third parties. Before each order, we carry out a credit check to protect our interests.

§ 3 Formation of the contract

The presentation of the goods on our domains does not represent a binding offer by the provider to conclude a contract. Our offers are subject to change and non-binding. A contract is formed through your order and our acceptance. A binding order for the goods contained in the shopping cart is made by electronically submitting the completed online order form in the Internet shop. You transmit the online order form after entering your personal data and the shipping and payment method by clicking the “BUY NOW” button.

We confirm receipt of the order by sending a confirmation email. This order confirmation does not yet represent our acceptance of the contract offer. It merely serves to inform the customer that we have received the order. The declaration of acceptance of the contract offer is made by means of an express declaration of acceptance, but no later than upon delivery of the ordered goods. Upon acceptance of the contract, the consumer receives the entire text of the contract, including the legally required information about the contract. You are bound to your order for two weeks, regardless of the right of withdrawal that exists for orders as a consumer. We are not obliged to accept online orders. The decision to do so is at our discretion.

§ 4 Instruction on the right of withdrawal

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving a reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last item.

In order to exercise your right of withdrawal, you must inform us

fashionette AG
Im Lekkerland 567
46147 Oberhausen
Germany

Email: service@fashionette.de
Tel: 0800 240 44 30

by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but it is not mandatory.

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

If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, 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 goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired.

We bear the costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

Sample withdrawal form

(If you want to revoke the contract, please fill out this form and send it back.)

On

fashionette AG
Im Lekkerland 567
46147 Oberhausen
Germany

Email: service@fashionette.de
Tel: 0800 240 44 30

• 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.

§ 5 Information on the online ordering process

The language available for the conclusion of the contract is German. We do not save the text of the contract for online orders. You can save this, for example, using your browser’s print function, by taking a screenshot or by converting the text of the contract into a PDF format. The registration and order data (articles, quantities, prices, payment method, billing and delivery address, time of order) are saved in your personal customer account (“My Account”). With your login data you have access to your customer account at any time and thus the possibility to print out orders with all entered data. With regard to the handling of all customer data, reference is made to the separate data protection guidelines.

§ 6 Voluntary right of return

In addition to the statutory right of withdrawal, we grant you a voluntary right of return of a total of 30 days from receipt of the goods. With this right of return, you can also withdraw from the contract after the 14-day cancellation period has expired (see cancellation policy above) by sending the goods back to the address given under § 4 within 30 days of receipt. Timely dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the voluntary right of return is that you have only tried the goods to view or try them on as in a retail shop and that you return the goods complete, in their original condition, undamaged and in the original sales packaging including the dust bag.

In the event of a return, please use the outward/return packaging provided by fashionette. The shipping receipt must be retained. Please note that returns to us cannot be sent via packing stations for security reasons.

A flat rate of EUR 20.00 will be charged for the loss of dust bags. The customer has the opportunity to prove that no damage or a significantly lower damage was incurred. If you exercise your voluntary right of return, the repayment will be made to the account or credit card you used for payment. Your statutory right of withdrawal (cf. § 4) is not affected by compliance with our regulation on the supplementary, voluntarily granted contractual right of return and remains in effect independently of this. Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply. The voluntarily granted contractual right of return does not limit your statutory warranty rights.

§ 7 Execution of the delivery; delivery times; assumption of risk

The goods are delivered by fashionette or by a shipping partner commissioned by us. The delivery period is a maximum of 7 working days from receipt of the contract confirmation. If we have purchased the goods from a supplier (conclusion of a congruent hedging transaction) and if we are let down by our supplier, we can withdraw from the contract if we are not responsible for any resulting impediment to performance.

Without prejudice to other legal requirements, you can only withdraw from the contract due to a delay in delivery if we are responsible for this delay. In the event of force majeure and other unforeseeable, extraordinary events that are not our fault – for example difficulties in procuring materials and operational disruptions of more than temporary duration, strikes, lockouts, lack of means of transport, official intervention, energy supply difficulties, etc., even if these occur at sub-suppliers – the if this prevents us from fulfilling our obligation on time, the delivery time to a reasonable extent. If delivery is made impossible or unreasonable due to the circumstances mentioned, we can withdraw from the contract. You have the same right if you cannot be expected to adhere to the contract. However, we will only invoke the circumstances mentioned if we have been notified immediately.

We are entitled to make partial deliveries as far as this is reasonable for you. We can invoice such partial deliveries separately; the shipping costs for all partial deliveries may not exceed the agreed shipping costs. Your right to withdraw from the entire contract in the event of residual deliveries that are culpably and in breach of duty, if you are not interested in partial services that have already been provided, remains unaffected.

The risk of accidental loss and accidental deterioration of the goods is transferred to you when the goods are handed over. The handover is the same if you are in default of acceptance. If you are in default of acceptance, we are entitled to demand compensation for the damage incurred, provided that you are responsible for the default in acceptance. If you are entitled to damages in addition to performance due to delay, the damage to be compensated is limited to an amount of 0.5% of the agreed net price of the deliveries affected by the delay for each full week of the delivery delay, but to a total of 5% of this net price. These restrictions do not apply if the delay is due to intent or gross negligence.

§ 8 Retention of title

The goods remain the property of the claimant until the purchase price has been paid in full. Subject to the condition precedent that the full purchase price has been paid, ownership of the goods is automatically transferred to the customer. Until then, he has an expectant right to the transfer of ownership.

Before the transfer of ownership, pledging, assignment as security, remodeling or other disposition that endangers the reserved ownership is not permitted without the consent of the owner. If an item is impounded or confiscated, the customer must report this immediately in writing. Furthermore, the customer is obliged to inform the third party that the items in question are the property of fashionette or the claimant.

§ 9 Redeeming promotional vouchers

Promotional vouchers are voluntarily issued by us as part of advertising campaigns and cannot be purchased. Several promotional vouchers cannot be combined. Promotional vouchers apply exclusively to the conditions listed on the respective voucher (voucher value, scope of action, period of validity, transferability, etc.). Individual brands may be excluded from the voucher campaign. To redeem the promotional voucher, the value of the goods must be at least equal to the value of the promotional voucher. Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting, crediting, cash payment, remaining payment or interest is not possible. If the credit on the promotional voucher is not sufficient for the order,

If the ordered goods are returned in whole or in part, the value of the voucher will not be refunded unless a service in return was provided.

fashionette reserves the right to exclude individuals from promotional vouchers.

§ 10 Prices and shipping costs

The prices listed in the offer at the time of the order apply. Unless otherwise stated in the price agreement, our prices apply “ex works”, excluding shipping costs. Shipping costs are shown separately. Shipping to the countries offered is free of charge. A free return is only possible with the enclosed return slip in the package. Our prices include the sales tax applicable at the time of invoicing. The shipping costs are due together with the purchase price.

§ 11 Payment Methods and Terms

Basically, we offer you the possibility of an immediate purchase and an installment purchase. Credit card payment, immediate transfer, PayPal, direct debit (SEPA) and payment by invoice are available as payment methods. Credit card payments are processed via our payment service provider Unzer Luxemburg SA société anonyme (further details at www.unzer.com). A payment via PayPal is carried out by PayPal (Europe) S.à rl et Cie, SCA (further details on PayPal at www.paypal.com). The Sofortüberweisung payment method is processed by SOFORT AG (further details on SOFORT AG at www.sofortueberweisung.de). Direct debits are processed by UniCredit Bank – Hypovereinsbank (further details on Hypovereinsbank at www.hypovereinsbank.de).

In the case of an installment purchase, we will inform you about the conditions of the installment purchase via our data entry mask. With an installment purchase, you can choose between paying in three or twelve monthly installments. The total amount, the amount of the installment purchase fee and the amount and due date of the individual installments will be displayed to you during the ordering process. In the event that you are in arrears with your installment payments, we are entitled to the rights under Section 12.

The minimum monthly amount for an installment purchase is €6 gross. In the case of a partial return, the amount of the purchase price is reduced. In this case, you will receive a new installment plan from RatePAY GmbH. The installment term remains basically unchanged, only the monthly installment payment amount is reduced. If, after a partial return, the total amount to be paid by you is reduced to such an extent that the originally selected installment term falls below the gross monthly amount of €6, fashionette reserves the right to make the remaining amount due immediately. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods and to demand payment in advance.

The possibility of an installment purchase is subject to a successful credit check. The installment purchase period also depends on the result of the credit check. With each order, we reserve the right not to offer the option of installment purchases or to offer other installment purchase periods.

We are entitled to assign the purchase price claim against you at any time, e.g. to our partner Arvato Payment Solutions GmbH or RatePAY GmbH. If your order is processed by our financing partners, Arvato Payment Solutions GmbH or RatePAY GmbH, we will indicate this separately on the invoice included in the package.

In the case of installment purchase, the purchase price installment refers to one month. Depending on whether your order is processed through our partner Arvato Payment Solutions GmbH or directly through us, the first purchase price installment will be collected or debited either 2 working days before the end of the month, on the 15th of the month or on the Friday following the order. All subsequent purchase price installments are then also collected or debited 2 working days before the end of the month, on the 15th of a month or once on a Friday per month. If your installment payment is processed by RatePAY GmbH, the installments agreed during the ordering process are generally due on the 28th of each month for the duration of the payment period. The first installment is due in the month following the invoice date. You can pay the installments by bank transfer or by standing order. For orders with selected credit card payment, the first purchase price installment will be collected or debited immediately after the conclusion of the contract; all subsequent purchase price installments are then collected or debited once a month on a Wednesday.

Depending on the selected payment method, you authorize fashionette or our partner, e.g. Arvato Payment Solutions GmbH, to collect the invoice amounts due from your deposited bank account (SEPA) or grant the right to charge the due amounts to your deposited credit card. If the purchase price or the purchase price installments are paid by direct debit or credit card payment, the granting of direct debit authorization or the right to debit is a prerequisite for the purchase.

You are only entitled to offsetting and retention rights if your counterclaims have been legally established, are undisputed or have been recognized by us. You also have a right of retention if your counterclaim is based on the same contractual relationship and is proportionate to our claim.

Additional General Terms and Conditions of RatePAY GmbH

In order to be able to offer you attractive payment methods, we work with RatePAY GmbH, Franklinstr. 28-29, 10587 Berlin (hereinafter “RatePAY”). If an effective purchase contract is concluded between you and us when using a RatePAY payment method, we assign our payment claim to RatePAY. When using the RatePAY payment method by installments, we assign our payment claim to the partner bank of RatePAY GmbH. If you choose one of the RatePAY payment methods offered here, you consent to the transfer of your personal data and that of the order to RatePAY GmbH for the purpose of identity and creditworthiness checks and contract processing as part of your order. You can find all the details in the additional general terms and conditions and the data protection notice for RatePAY payment methods,

§ 12 Data exchange with credit agencies

In order to protect against bad debts and against the risk of improper use of the services by third parties, fashionette is entitled to personal contract data as well as information about non-contractual processing (e.g. termination due to late payment) from CRIF GmbH, Leopoldstraße 244, 80807 Munich, RatePAY GmbH, Franklinstr. 28-29, 10587 Berlin, Arvato Payment Solutions GmbH, Gütersloher Str. 123, 33415 Verl, SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden and Kount Inc., 917 Lusk Street, Suite 300, Boise ID 83706 USA and to obtain corresponding information on payment behavior and creditworthiness information on the basis of mathematical-statistical processes, also using address data. Insofar as such data is stored at CRIF, RatePAY, Arvato Payment Solutions, SCHUFA or Kount from other customer relationships, fashionette receives information about this. The respective data transmission only takes place insofar as this is necessary to protect the legitimate interests of fashionette, a contractual partner of CRIF, RatePAY, Arvato Payment Solutions, SCHUFA or Kount and legitimate interests of the customer are not affected.

§ 13 Default of Payment

In the event of a delay in payment, we are entitled to interest on arrears at the statutory rate; the assertion of further damages caused by default, in particular costs for administration and bank fees as well as costs of legal prosecution, remains reserved. If partial payments have been agreed, the entire remaining debt becomes due if the customer is in arrears in whole or in part with at least two consecutive installments. In order to protect our legitimate interests (Art. 6 Para. 1 lit f GDPR) of settling outstanding claims, we transmit personal data to debt collection companies in individual cases.

Section 14 Defects

The statutory warranty right applies, subject to deviating regulations under § 13 and § 14 of these General Terms and Conditions. If the goods show a defect at the time of the transfer of risk, we will provide subsequent performance at our discretion by repair or subsequent delivery. The place of performance for subsequent performance is fashionette’s place of business. fashionette is not obliged to reimburse transport costs incurred as expenses for the purpose of subsequent performance if the expenses increase because the goods were subsequently taken to a location other than the place of receipt. If the supplementary performance fails, you have the right, at your discretion, to a price reduction or to withdraw from the contract, subject to the statutory requirements.

As a matter of goodwill and without acknowledgment of a legal obligation, fashionette carries out repairs or replacement deliveries. An acknowledgment resulting in a new beginning of the limitation period only exists if fashionette expressly declares this to the customer. With the exception of an expressly declared acknowledgment, no new limitation period begins with subsequent improvement or replacement delivery. A waiver of the statutory defect rights is not associated with this. With any agreements on the quality of the goods, fashionette does not assume any guarantee or any other quality risk within the meaning of the law. Claims for defects do not exist due to damage occurring after the transfer of risk as a result of improper or negligent handling, excessive or unsuitable use or natural wear and tear of the goods, provided these were not caused by fashionette. If your request for supplementary performance proves to be unfounded after checking the goods, fashionette can, without prejudice to other rights, charge any costs for shipping the goods to fashionette and returning them to you as well as costs for checking the goods if you have recognized or negligently failed to recognize that your request for supplementary performance is unfounded.

Section 15 Liability

We are not liable for damages and reimbursement of expenses, for whatever legal reason, in particular not for damages due to defects, other breaches of duty or tort. Excluded from this are damages resulting from injury to life, limb or health for which we are responsible and other damages which are based on an intentional or grossly negligent breach of duty by us or on a guarantee declared by us. Damages for which we are liable under the Product Liability Act or which are attributable to a culpable violation of essential contractual obligations are also excluded. Significant contractual obligations are, in particular, those whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies and may rely.

According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. fashionette is therefore not liable for the constant and uninterrupted availability of the online shop, nor for technical and electronic errors during an ordering process over which fashionette has no influence. If links are created to other websites or sources, fashionette is not responsible or liable for the availability of such external sites or sources. fashionette does not adopt content that is accessible on such websites or sources as its own and excludes any liability or warranty in relation to it, unless there is positive knowledge of the illegality of the content in individual cases. The breach of duty by our legal representatives or our vicarious agents is equivalent to a breach of duty by us. Insofar as our liability is excluded or limited according to § 14.1 and § 14.2, this also applies to the personal liability of our legal representatives and vicarious agents. A change in the burden of proof is not associated with the above regulations.

§ 16 Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

§ 17 Final Provisions

The contract is subject to German law to the exclusion of the United Nations Convention on the International Sale of Goods (UN Sales Convention/CISG). In transactions with end consumers, the law at the end consumer’s place of residence is also applicable, provided that mandatory consumer law provisions are involved. If the customer moves his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is not known at the time our claims are asserted in court, our place of business is the place of jurisdiction.

Unless otherwise stated in the contract, our place of business is the place of performance. Should individual provisions be or become invalid, this shall not affect the validity of the remaining provisions.