{"id":19666,"date":"2022-08-29T07:02:20","date_gmt":"2022-08-29T07:02:20","guid":{"rendered":"https:\/\/zmeine.com\/?page_id=19666"},"modified":"2022-09-16T09:43:26","modified_gmt":"2022-09-16T09:43:26","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.zmeine.com\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
<\/a><\/p> fashionette AG (hereinafter \u201cfashionette\u201d or \u201cvendor\u201d) offers various designer items (including handbags and accessories) for sale.<\/p> These general terms and conditions apply to all our deliveries and services (hereinafter: “deliveries”) to our customers.\u00a0They apply exclusively;\u00a0We 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.<\/p> <\/a><\/p> We are under no obligation to accept any registration or order from a registered customer.\u00a0Likewise, we are not obliged to keep our offer permanently available.\u00a0Orders that have already been confirmed remain unaffected.<\/p> We do not offer registration for minors or other persons with limited legal capacity or incompetence.\u00a0Furthermore, registration is only possible for natural persons.\u00a0You are obliged to report any changes to information requested during registration immediately the next time you use the respective domain.<\/p> 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.\u00a0You are obliged to treat your personal access data confidentially and not to make them accessible to unauthorized third parties.\u00a0Before each order, we carry out a credit check to protect our interests.<\/p> <\/a><\/p> 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.\u00a0A contract is formed through your order and our acceptance.\u00a0A binding order for the goods contained in the shopping cart is made by electronically submitting the completed online order form in the Internet shop.\u00a0You transmit the online order form after entering your personal data and the shipping and payment method by clicking the “BUY NOW” button.<\/p> We confirm receipt of the order by sending a confirmation email.\u00a0This 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.\u00a0The 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.\u00a0Upon acceptance of the contract, the consumer receives the entire text of the contract, including the legally required information about the contract.\u00a0You are bound to your order for two weeks, regardless of the right of withdrawal that exists for orders as a consumer.\u00a0We are not obliged to accept online orders.\u00a0The decision to do so is at our discretion.<\/p> <\/a><\/p> Right of withdrawal<\/strong><\/p> right of withdrawal<\/strong><\/p> You have the right to withdraw from this contract within fourteen days without giving a reason.<\/p> 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.<\/p> In order to exercise your right of withdrawal, you must inform us<\/p> fashionette AG Email:\u00a0service@fashionette.de<\/a> 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.\u00a0You can use the attached model cancellation form for this, but it is not mandatory.<\/p> 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.<\/p> Consequences of revocation<\/strong><\/p> 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.\u00a0For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you;\u00a0under no circumstances will you be charged fees for this repayment.<\/p> 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.<\/p> 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.\u00a0The deadline is met if you send off the goods before the period of fourteen days has expired.<\/p> We bear the costs of returning the goods.<\/p> 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.<\/p> (If you want to revoke the contract, please fill out this form and send it back.)<\/p> On<\/p> fashionette AG Email:\u00a0service@fashionette.de<\/a> (*) Delete where not applicable.<\/p> <\/a><\/p> The language available for the conclusion of the contract is German.\u00a0We do not save the text of the contract for online orders.\u00a0You 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.\u00a0The 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”).\u00a0With 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.\u00a0With regard to the handling of all customer data, reference is made to the separate data protection guidelines.<\/p> <\/a><\/p> 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.\u00a0With 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 \u00a7 4 within 30 days of receipt.\u00a0Timely dispatch is sufficient to meet the deadline.\u00a0However, 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.<\/p> In the event of a return, please use the outward\/return packaging provided by fashionette.\u00a0The shipping receipt must be retained.\u00a0Please note that returns to us cannot be sent via packing stations for security reasons.<\/p> A flat rate of EUR 20.00 will be charged for the loss of dust bags.\u00a0The customer has the opportunity to prove that no damage or a significantly lower damage was incurred.\u00a0If you exercise your voluntary right of return, the repayment will be made to the account or credit card you used for payment.\u00a0Your statutory right of withdrawal (cf. \u00a7 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.\u00a0Until the end of the period for the statutory right of withdrawal, only the statutory conditions listed there apply.\u00a0The voluntarily granted contractual right of return does not limit your statutory warranty rights.<\/p> <\/a><\/p> The goods are delivered by fashionette or by a shipping partner commissioned by us.\u00a0The delivery period is a maximum of 7 working days from receipt of the contract confirmation.\u00a0If 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.<\/p> 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.\u00a0In 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.\u00a0If delivery is made impossible or unreasonable due to the circumstances mentioned, we can withdraw from the contract.\u00a0You have the same right\u00a0if you cannot be expected to adhere to the contract.\u00a0However, we will only invoke the circumstances mentioned if we have been notified immediately.<\/p> We are entitled to make partial deliveries as far as this is reasonable for you.\u00a0We can invoice such partial deliveries separately;\u00a0the shipping costs for all partial deliveries may not exceed the agreed shipping costs.\u00a0Your 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.<\/p> The risk of accidental loss and accidental deterioration of the goods is transferred to you when the goods are handed over.\u00a0The handover is the same if you are in default of acceptance.\u00a0If 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.\u00a0If 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.\u00a0These restrictions do not apply if the delay is due to intent or gross negligence.<\/p> <\/a><\/p> The goods remain the property of the claimant until the purchase price has been paid in full.\u00a0Subject to the condition precedent that the full purchase price has been paid, ownership of the goods is automatically transferred to the customer.\u00a0Until then, he has an expectant right to the transfer of ownership.<\/p> 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.\u00a0If an item is impounded or confiscated, the customer must report this immediately in writing.\u00a0Furthermore, the customer is obliged to inform the third party that the items in question are the property of fashionette or the claimant.<\/p> <\/a><\/p> Promotional vouchers are voluntarily issued by us as part of advertising campaigns and cannot be purchased.\u00a0Several promotional vouchers cannot be combined.\u00a0Promotional vouchers apply exclusively to the conditions listed on the respective voucher (voucher value, scope of action, period of validity, transferability, etc.).\u00a0Individual brands may be excluded from the voucher campaign.\u00a0To redeem the promotional voucher, the value of the goods must be at least equal to the value of the promotional voucher.\u00a0Promotional vouchers can only be redeemed before completing the ordering process.\u00a0Subsequent offsetting, crediting, cash payment, remaining payment or interest is not possible.\u00a0If the credit on the promotional voucher is not sufficient for the order,<\/p> 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.<\/p> fashionette reserves the right to exclude individuals from promotional vouchers.<\/p> <\/a><\/p> The prices listed in the offer at the time of the order apply.\u00a0Unless otherwise stated in the price agreement, our prices apply “ex works”, excluding shipping costs.\u00a0Shipping costs are shown separately.\u00a0Shipping to the countries offered is free of charge.\u00a0A free return is only possible with the enclosed return slip in the package.\u00a0Our prices include the sales tax applicable at the time of invoicing.\u00a0The shipping costs are due together with the purchase price.<\/p> <\/a><\/p> Basically, we offer you the possibility of an immediate purchase and an installment purchase.\u00a0Credit card payment, immediate transfer, PayPal, direct debit (SEPA) and payment by invoice are available as payment methods.\u00a0Credit card payments are processed via our payment service provider Unzer Luxemburg SA soci\u00e9t\u00e9 anonyme (further details at www.unzer.com).\u00a0A payment via PayPal is carried out by PayPal (Europe) S.\u00e0 rl et Cie, SCA (further details on PayPal at www.paypal.com).\u00a0The Sofort\u00fcberweisung payment method is processed by SOFORT AG (further details on SOFORT AG at www.sofortueberweisung.de).\u00a0Direct debits are processed by UniCredit Bank \u2013 Hypovereinsbank (further details on Hypovereinsbank at www.hypovereinsbank.de).<\/p> In the case of an installment purchase, we will inform you about the conditions of the installment purchase via our data entry mask.\u00a0With an installment purchase, you can choose between paying in three or twelve monthly installments.\u00a0The 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.\u00a0In the event that you are in arrears with your installment payments, we are entitled to the rights under Section 12.<\/p> The minimum monthly amount for an installment purchase is \u20ac6 gross.\u00a0In 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.\u00a0The installment term remains basically unchanged, only the monthly installment payment amount is reduced.\u00a0If, 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 \u20ac6, fashionette reserves the right to make the remaining amount due immediately.\u00a0With 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.<\/p> The possibility of an installment purchase is subject to a successful credit check.\u00a0The installment purchase period also depends on the result of the credit check.\u00a0With each order, we reserve the right not to offer the option of installment purchases or to offer other installment purchase periods.<\/p> 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.\u00a0If 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.<\/p> In the case of installment purchase, the purchase price installment refers to one month.\u00a0Depending 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.\u00a0All 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.\u00a0If 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.\u00a0The first installment is due in the month following the invoice date.\u00a0You can pay the installments by bank transfer or by standing order.\u00a0For orders with selected credit card payment, the first purchase price installment will be collected or debited immediately after the conclusion of the contract;\u00a0all subsequent purchase price installments are then collected or debited once a month on a Wednesday.<\/p> 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.\u00a0If 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.<\/p> You are only entitled to offsetting and retention rights if your counterclaims have been legally established, are undisputed or have been recognized by us.\u00a0You also have a right of retention if your counterclaim is based on the same contractual relationship and is proportionate to our claim.<\/p> Additional General Terms and Conditions of RatePAY GmbH<\/strong><\/span><\/p> In order to be able to offer you attractive payment methods, we work with RatePAY GmbH, Franklinstr.\u00a028-29, 10587 Berlin (hereinafter “RatePAY”).\u00a0If an effective purchase contract is concluded between you and us when using a RatePAY payment method, we assign our payment claim to RatePAY.\u00a0When using the RatePAY payment method by installments, we assign our payment claim to the partner bank of RatePAY GmbH.\u00a0If 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.\u00a0You can find all the details in the additional general terms and conditions and the data protection notice for RatePAY payment methods,<\/p> <\/a><\/p> 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, Leopoldstra\u00dfe 244, 80807 Munich, RatePAY GmbH, Franklinstr.\u00a028-29, 10587 Berlin, Arvato Payment Solutions GmbH, G\u00fctersloher 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.\u00a0Insofar as such data is stored at CRIF, RatePAY,\u00a0Arvato Payment Solutions, SCHUFA or Kount from other customer relationships, fashionette receives information about this.\u00a0The 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.<\/p> <\/a><\/p> In the event of a delay in payment, we are entitled to interest on arrears at the statutory rate;\u00a0the assertion of further damages caused by default, in particular costs for administration and bank fees as well as costs of legal prosecution, remains reserved.\u00a0If 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.\u00a0In 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.<\/p> <\/a><\/p> The statutory warranty right applies, subject to deviating regulations under \u00a7 13 and \u00a7 14 of these General Terms and Conditions.\u00a0If 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.\u00a0The place of performance for subsequent performance is fashionette’s place of business.\u00a0fashionette 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.\u00a0If 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.<\/p> As a matter of goodwill and without acknowledgment of a legal obligation, fashionette carries out repairs or replacement deliveries.\u00a0An acknowledgment resulting in a new beginning of the limitation period only exists if fashionette expressly declares this to the customer.\u00a0With the exception of an expressly declared acknowledgment, no new limitation period begins with subsequent improvement or replacement delivery.\u00a0A waiver of the statutory defect rights is not associated with this.\u00a0With 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.\u00a0Claims 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,\u00a0provided these were not caused by fashionette.\u00a0If 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.<\/p> <\/a><\/p> 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.\u00a0Excluded 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.\u00a0Damages 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.\u00a0Significant 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.<\/p> 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.\u00a0fashionette 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.\u00a0If links are created to other websites or sources, fashionette is not responsible or liable for the availability of such external sites or sources.\u00a0fashionette 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.\u00a0The breach of duty by our legal representatives or our vicarious agents is equivalent to a breach of duty by us.\u00a0Insofar as our liability is excluded or limited according to \u00a7 14.1 and \u00a7 14.2, this also applies to the personal liability of our legal representatives and vicarious agents.\u00a0A change in the burden of proof is not associated with the above regulations.<\/p>\u00a7 1 Scope and business purpose<\/span><\/h3>
\u00a7 2 Terms of Use<\/span><\/h3>
\u00a7 3 Formation of the contract<\/span><\/h3>
\u00a7 4 Instruction on the right of withdrawal<\/span><\/h3>
Im Lekkerland 567
46147 Oberhausen
Germany<\/p>
Tel: 0800 240 44 30<\/p>Sample withdrawal form<\/span><\/h4>
Im Lekkerland 567
46147 Oberhausen
Germany<\/p>
Tel: 0800 240 44 30<\/p>\u00a7 5 Information on the online ordering process<\/span><\/h3>
\u00a7 6 Voluntary right of return<\/span><\/h3>
\u00a7 7 Execution of the delivery;\u00a0delivery times;\u00a0assumption of risk<\/span><\/h3>
\u00a7 8 Retention of title<\/span><\/h3>
\u00a7 9 Redeeming promotional vouchers<\/span><\/h3>
\u00a7 10 Prices and shipping costs<\/span><\/h3>
\u00a7 11 Payment Methods and Terms<\/span><\/h3>
\u00a7 12 Data exchange with credit agencies<\/span><\/h3>
\u00a7 13 Default of Payment<\/span><\/h3>
Section 14 Defects<\/span><\/h3>
Section 15 Liability<\/span><\/h3>