TERMS & CONDITIONS
Welcome to our website www.or-naked.com
§ 1 General
1. These General Terms and Conditions apply to all orders made via the website www.or-naked.com (from now on referred to as the website) of ANGELIKA PICOLIN DESIGN, Zur Mühle 15, D-49565 Bramsche, Germany, Managing Director: Angelika Picolin.
2. The product range in our online shop is exclusively aimed at buyers who have reached the age of 18 years. Goods within the meaning of the ABGs are all products that can be ordered as part of an online order on the website www.or-naked.com.
3. Our deliveries, services and offers are made exclusively based on these General Terms and Conditions. The general terms and conditions, therefore, apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, are already contradicted.
4. Contract language is exclusively English.
5. You can retrieve and print the currently valid terms and conditions on the website.
§ 2 Conclusion of the contract
1.The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
2. By clicking on the button [„order now for payment“ / „buy“] you make a binding offer (§ 145 BGB). Immediately before submitting this order, you can recheck the order and correct it if necessary.
3. Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not constitute acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
4. A purchase contract for the goods is only concluded if we expressly declare the acceptance of the purchase offer (order confirmation) or if we send the goods to you without prior express acceptance. Exception: When paying with PayPal, the order is accepted immediately with your order.
§ 3 Prices and product presentation
1. The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. For more information about shipping costs, please visit our website at [„Shipping Information“ / „Terms of Delivery“]. The prices stated at the time of ordering apply. Customs duties and similar charges have to be borne by the customer.
2. The products shown on the website www.or-naked.com have been digitally optimized. There may be deviations from the delivered product; these are not to be regarded as a defect in the goods.
§ 4 Terms of payment and default
1. Payment can be made either: Invoice by credit card or Paypal.
2. We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment.
3. When paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). The actual charge on your credit card account occurs at the time we deliver the goods to you to ship.
4. When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You‘ll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
5. If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 Set-off / right of retention
1. You are only entitled to offset if your counterclaim has been legally established, is not disputed or acknowledged by us, or in a close synallagmatic relationship with ours
2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
1. Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
2. A charge shall only be made in normal household quantities.
3. The goods remain our property until full payment of the purchase price.
4. Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of goods and have informed you of this fact immediately. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We assume not the risk of having to order an ordered product (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered from our suppliers.
5. The delivery time is usually four weeks, but depends on how laborious the product is.
6. The delivered goods remain property of AP-Design until full payment.
§ 7 Right of withdrawel
In the event that you are a consumer within the meaning of § 13 BGB, ie, the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have one
Withdrawal in accordance with the following provisions.
You have the right to withdraw from this contract within fourteen days without giving any 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, has taken possession of the goods.
To exercise your right of withdrawal, send us a letter or e-mail sent by mail with a clear statement of your decision to withdraw from the contract. On:
AGELIKA PICOLIN DESIGN, Zur Mühle 15, D-49565 Bramsche, Germany or to firstname.lastname@example.org
You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Sample - Withdrawal form
- I hereby revoke the contract concluded by myself/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 when notified on paper)
Consequences of the cancellation
If you withdraw from this contract, we shall reimburse you for any payments we have received from you, excluding delivery charges, without undue delay and at the latest within fourteen days from the date on which we received notice of your cancellation of this contract. For this repayment, we will use the same means of payment as you used in the original transaction unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you must return or hand over the goods to us immediately or in any event not later than fourteen days from the date on which you inform us about the cancellation of this contract. To us (if we receive the goods), the deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation
1. The right of withdrawal does not exist:
- for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or in the case of delivery of sealed goods which are not suitable for return for reasons of hygiene are when their seal has been removed after delivery.
- in case of non-observance of the care instructions and resulting defects.
Damaged and contaminated goods will not be taken back. We point out that you are liable in case of deterioration of the goods, if necessary, for compensation of value.
2. Please return the goods in their original packaging with all accessories and all packaging components back to us. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
3. Please send us an e-mail to email@example.com or call us T 0049 5468 925141 to announce the return. In this way, you can assign the products as quickly as possible.
4. Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Transport damage
1. If goods are delivered with obvious transport damage, please complain about such errors immediately to the deliverer and please contact us as soon as possible.
2. The failure to file a complaint or contact has no legal warranty rights Consequences. However, they help us, our claims against the carrier or to claim transport insurance.
§ 9 Warranty
1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433ff. BGB).
2. If you are a consumer within the meaning of §13 BGB (German Civil Code), the period of liability for warranty claims for used goods - contrary to the statutory provisions - is one year.
This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and whose compliance the contracting party regularly relies on (cardinal obligation) as well as for claims due to other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. For the rest, the statutory provisions, in particular, the two-year limitation period under Sec. Section 438 (1) no. 3 BGB.
§ 10 Liability
1. Unlimited liability:
We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb, and health of persons.
2. For the rest, the following limited liability applies: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). The liability for slight negligence is limited to the amount foreseeable at the time of the conclusion of the contract Emergence typically has to be expected. This limitation of liability also applies in our favor Agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for an out-of-court settlement. This gives consumers the opportunity to settle disputes related to their online ordering, first without the involvement of one
Clarify the court. The dispute resolution platform is under the external link
We endeavor to settle any disagreements arising from our contract by mutual agreement. In addition, we are not obliged to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 12 Choice of law/effectiveness
1. For all disputes arising out of or in connection with the purchase contract, only German law shall apply excluding the UN sales law.
2. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.
§ 12 Copyright
The content of the website www.or-naked.com is protected by copyright. All text, images, graphics, audio, video, and animation files are subject to copyright, trademark and other intellectual property laws. A copy or other use for other than private purposes or distribution, re-publication, duplication, and distribution, whether in original or modified form or use on other websites is not permitted without prior express written consent. All designs in the OR NAKED collection are copyrighted by ANGELIKA PICOLIN DESIGN, Angelika Picolin.
§ 14 Final provisions
1. Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
2. Exclusively German law applies to contracts between you and us excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, „UN Sales Convention“). Compulsory regulations of the country in which you usually reside, remain unaffected by choice of law.
3. If you are a merchant, a legal entity under public law or a special fund under public law, then this is
our place of business jurisdiction for any disputes arising out of or in connection with contracts between you and us. As of January 2019.
Provider and contract partner:
Angelika Picolin Design
Zur Mühle 15
Tel. 0040 5468 926151
Manager: Angelika Picolin
Turnover tax ID No.: DE117687974
Source: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4