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Terms & Conditions

Table of Contents:

 

1. Scope and Applicability of Terms

2. Contact Information and Customer Service

3. Overview of Offers and Orders

4. Ordering Procedure and Contract Conclusion

5. Pricing and Shipping Charges

6. Payment Options and Conditions

7. Purchase on Credit

8. Delivery and Product Availability

9. Voucher Sales

10. Promotional Vouchers

11. Copyright and Usage Rights

12. Consumer Withdrawal Guidelines and Returns Form

13. Warranty and Liability

14. Final Provisions

15. Dispute Resolution

 

1) Validity of the General Terms and Conditions (GTC):

 

  • The General Terms and Conditions (hereinafter referred to as "GTC") outlined herein are exclusively applicable to the commercial transactions between CLEMENCE DE LAFOSSE (referred to as the "Vendor") and purchasers, referred to as "Customers," of the Vendor's products, goods, and services (referred to as "Products" or "Goods").

  • A "Consumer," as defined in these GTC, denotes any natural person engaging in a legal transaction primarily for purposes unrelated to commercial or independent professional activities.

  • An "Entrepreneur," as per these GTC, signifies a natural or legal person, or a legally recognized partnership, conducting legal transactions within the scope of their commercial or self-employed professional activities.

2) Contact and Service Information:

Kindly take note of the following details regarding the availability of our customer service:

- Email: info@clemencedelafosse.com

- Phone: +49 179433259

- Contact Form: To be mentioned 

Customer Service Hours: Weekdays from 10 am to 3 pm UTC +1

 

3)  Overview of Offers and Orders:

 

  • The depiction of products on our shop, websites, digital printed brochures, or catalogues, or similar presentations by the Vendor does not constitute a legally binding offer but rather an invitation for customers to place an order, thereby presenting an offer to the Vendor.

  • Customers are responsible for the accuracy of the information they provide and are required to notify the Vendor promptly of any changes necessary for the Vendor's fulfillment of the contract. This includes ensuring accuracy in email and delivery addresses, as well as addressing any issues preventing receipt (such as checking spam folders).

  •  Customers are urged to carefully review and follow instructions during the ordering process and utilize available support functions of their software and hardware if necessary (e.g., magnification or read-aloud functions). The Seller will clearly identify required information (e.g., through visual highlighting or asterisks). Customers retain the ability to modify their product selection and entries until the order submission, as well as backtrack or cancel the ordering process using standard software and device functions (e.g., browser buttons or keyboard shortcuts). Additionally, incorrect entries can be rectified by canceling the ordering process.

 

4) Order Placement and Contract Conclusion:

 

  • Customers can browse and select products from the Vendor's range and add them to a shopping basket. Within the shopping basket, customers have the option to modify their product selection, such as removing items. Alternatively, customers can proceed to finalize the order process.

  • Upon clicking the button to complete the order process, the Customer submits a binding offer to the Vendor to purchase the products in the shopping basket.

  • The Vendor reserves the right to accept the Customer's offer within a five-day period (referred to as the "Acceptance Period"), commencing upon completion of the order process by the Customer. The Acceptance Period begins with the Customer's completion of the order process (either in-store or via designated platforms or communication channels) and ends on its last day. The Vendor may accept the offer explicitly, including via email. Acceptance may also occur through dispatch and receipt of goods by the Customer within the Acceptance Period, or by a payment request addressed to the Customer, finalized by the completion of the payment process. In case of multiple acceptance events, the earliest date of acceptance prevails. Failure by the Vendor to accept the Customer's offer within the Acceptance Period results in no contract being formed, relieving the Customer of their offer obligation.

 

5) Pricing and Shipping Costs:

 

  • Unless otherwise specified, all prices quoted are inclusive of VAT for customers within the European Union or United Kingdom. For customers outside these regions, VAT may apply and is the responsibility of the buyer.

  • Additional delivery and shipping charges, beyond the sales price, will be disclosed to the Customer in the respective product description and before completing the order.

  • For orders outside the European Union or United Kingdom, customs duties may apply, which are the buyer's responsibility. The Customer is also liable for any customs fees incurred for returning items to the seller.

  • For detailed information on delivery and shipping costs, please refer to the information page: Ajouter le lien de la page shipping

 

6) Payment Methods and Terms: 

 

  • Unless otherwise specified, payments are to be made without discounts, reductions, or other rebates. 

  • When utilizing financial institutions and other payment service providers, customers are subject to the terms and conditions and data protection policies of these providers regarding payments. Customers are advised to adhere to these regulations and notes, as well as information provided during the payment process. This is crucial because payment methods and procedures may be contingent upon agreements between the Customer and financial institutions or payment service providers (e.g., spending limits, location-based payment options, verification procedures, etc.). 

  • Customers are responsible for fulfilling the conditions necessary for successful payment via the selected method, including maintaining adequate funds in bank and payment accounts, registration, verification, and authorization with payment services, and confirming transactions. In the event of failed or reversed payments due to insufficient funds, incorrect bank details, or unjustified objections by the Customer, the Customer bears the associated fees, provided they are responsible for the failed or reversed transaction, and in the case of SEPA credit transfers, have been duly informed beforehand (known as "pre-notification"). 

  • The Vendor reserves the right to offer payment methods only within a specific order volume range. Customers will be notified of any payment restrictions prior to commencing the order process. Consumer rights to freely choose a common and reasonable payment method remain unaffected. 

  • Credit Card Payment: Customers provide credit card details when placing an order. Payment is immediately processed upon order completion and Customer authorization as the legitimate cardholder. 

  • Klarna: Payment is facilitated through Klarna AB, and Customers are directed to Klarna's terms of use during the payment process. 

  • Klarna Invoice/Pay Later and Klarna Installments require verification of address and creditworthiness. Payment terms are communicated to the Customer during the process.

  • Klarna Sofortüberweisung (Sofort): Payment is made using online banking data through Klarna Sofortüberweisung, with details provided during ordering. PayPal: Payment is processed through PayPal, with terms of use communicated to Customers during payment. PayPal Express and PayPal Plus (Purchase on Account) options are also available, with specific conditions outlined by PayPal. Stripe: Registration may be required for Stripe payments, with terms communicated during ordering.

  • Klarna Invoice/Pay Later and Klarna Installments require verification of address and creditworthiness. Payment terms are communicated to the Customer during the process. 

  • Klarna Sofortüberweisung (Sofort): Payment is made using online banking data through Klarna Sofortüberweisung, with details provided during ordering. 

  • PayPal: Payment is processed through PayPal, with terms of use communicated to Customers during payment.

  •  PayPal Express and PayPal Plus (Purchase on Account) options are also available, with specific conditions outlined by PayPal. 

  • Stripe: Registration may be required for Stripe payments, with terms communicated during ordering.

 

7) Purchase on Account: 

 

In cases where the Vendor delivers products before payment, ownership of the delivered items remains with the Vendor until full payment has been received.

 

8) Delivery and Availability of Goods:

 

  • The purchased items will be delivered to the designated delivery address, unless otherwise arranged.

  • If a payment service provider is utilized where a delivery address is stored, and this address is indicated as decisive for the delivery by the Customer through payment means, the goods will be delivered to the alternate delivery address.

  • In cases where the Customer arranges for the pickup of goods, the Vendor will notify the Customer when the items are ready for collection at the agreed-upon location. In such instances, unless otherwise explicitly agreed upon, the Customer will not incur any shipping costs.

  • If delivery attempts fail due to the Customer's fault after three attempts, the Vendor reserves the right to terminate the contract. Any payments made will promptly be refunded to the Customer.

  • If the ordered product becomes unavailable due to circumstances beyond the Vendor's control, such as a failure to receive the product from the supplier despite reasonable efforts, the Vendor may withdraw from the contract. If no similar product is available, or if the Customer does not wish to receive a substitute, the Vendor will promptly reimburse the Customer for any payments made.

 

9) Voucher Sales:

 

These General Terms and Conditions (GTC) are also applicable to the sale of vouchers representing either tangible or monetary value.

 

10)  Promotional Vouchers:

 

  • "Promotional Vouchers" are vouchers distributed at no cost by the Vendor as part of promotional activities, such as discount vouchers offering either a percentage or fixed discount. Conversely, vouchers purchased by the Customer, representing a specific monetary or tangible value, are not considered Promotional Vouchers.

  • Promotional Vouchers are subject to terms and conditions communicated by the Vendor, including restrictions on validity for certain product categories, frequency of use, and a specified expiration date.

  • Unless stated otherwise, Promotional Vouchers cannot be combined with other Promotional Vouchers.

  • Promotional vouchers issued by the Vendor are only valid for redemption with the Vendor.

  • Unless specified otherwise, Promotional Vouchers must be redeemed before the order process is completed.

  • If the value of goods exceeds the value of a Promotional Voucher, any remaining balance can be settled using the payment methods offered by the Vendor.

  • If a Promotional Voucher surpasses the value of goods, it will only be applied up to the value of the goods, with no reimbursement for the remaining amount.

 

11) Copyright and Usage Rights:

 

The products offered by the Vendor are safeguarded by intellectual property rights, notably trademarks and copyrights. The rights of usage and exploitation are vested in the Vendor or the relevant rights holders. Customers are obligated to acknowledge and adhere to these intellectual property rights.

 

12) Instructions for Consumer Withdrawal and Withdrawal Form (Returns):

 

In these instructions for consumer withdrawal, "Consumer" refers to any natural person engaging in a legal transaction primarily for purposes unrelated to their trade, business, or profession.

 

  • Right to Withdrawal:

You have the right to withdraw from this contract within 14 days without providing any reason.

The withdrawal period is 14 days from the day you, or a third party other than the carrier and specified by you, take physical possession of the last item.

To exercise the right of withdrawal, you must notify us (CLEMENCE DE LAFOSSE GLOGAUER STR. 9 10999 BERLIN, Email: info@clemencedelafosse.om, Phone: +491794353259) of your decision to withdraw from this contract through an unequivocal statement (e.g., a letter sent by post or email). You can use the following form and send it to us:

 

To:

CLEMENCE DE LAFOSSE

GLOGAUER STRASSE 9

10999 BERLIN

 

I/we (*) hereby revoke the contract entered into by me/us (*) for the purchase of the following goods(*):

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

__________________________________________________________

Name of consumer(s)

__________________________________________________________

Address of consumer(s)

__________________________________________________________

Signature of consumer(s) (only if notification is made on paper)

__________________________

Date

(*) Delete where not applicable

 

You can also complete and submit the standard withdrawal form or provide another clear declaration electronically on our website insérer le lien du formulaire de retour. If you choose this option, we will promptly acknowledge receipt of your withdrawal (e.g., via email).

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

  • Consequences of Exercising the Right of Withdrawal:

 

If you decide to withdraw from this contract, we will reimburse you for all payments received from you, including delivery costs (excluding additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than 14 days from the day we are informed of your decision to withdraw from this contract. We will process the reimbursement using the same payment method you used for the initial transaction, unless you expressly agree otherwise. You will not incur any fees as a result of this reimbursement.

 

We may withhold reimbursement until we have received the goods back or you have provided evidence of having sent back the goods, whichever occurs first.

You must return the goods to us or hand them over without undue delay and no later than 14 days from the day you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the 14-day period expires.

We will cover the costs of returning the goods if the return is from Germany and our provided return label is used. Otherwise, you are responsible for the direct costs of returning the goods.

 

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

  • Connected/Financed Contracts:

 

If you financed this contract through a loan and subsequently withdraw from it, you are also released from the loan contract, provided that both contracts form an economic unit. This is assumed particularly if we are your creditor at the same time, or if your creditor utilizes our cooperation regarding financing. If the loan has already been received by us when the withdrawal becomes effective, your creditor assumes our rights and obligations under the financed contract concerning you regarding the legal consequences of the withdrawal or return. This provision does not apply if the contract pertains to the acquisition of financial instruments (e.g., securities, foreign exchange, or derivatives).

If you seek to minimize contractual obligations, exercise your right of withdrawal to withdraw from the agreement. Additionally, if you are entitled to withdraw from the loan agreement, take advantage of this opportunity to avoid further commitments.

 

  •  Guidelines for Returning Goods:

  1. Kindly refrain from sending the goods to us with freight collect charges.

  2. Please return the goods via prepaid package to the designated return address and retain the delivery receipt for your records.

  3. Take care to avoid damaging or soiling the goods during the return process.

  4. Ensure that the goods are returned in their original packaging and outer packaging, along with all accessories and packaging components, if feasible. If you no longer have the original packaging or outer packaging, please utilize suitable alternative packaging to ensure adequate protection against damage during transit and to prevent potential claims for damages due to insufficient packaging.

 

13)  Warranty and Liability:

 

  • The warranty (statutory liability for defects) shall be determined according to statutory provisions, subject to the following conditions.

  • The Vendor holds no liability for the Customer's internet connection or the software and hardware utilized by the Customer, including any disruptions they may cause to the conclusion or execution of the contract between the Customer and the Vendor.

  • The Vendor is liable for damages without limitation in cases where the cause of the damage is deliberate or due to gross negligence. Additionally, liability extends to cases of slightly negligent breach of fundamental obligations, breach of obligations necessary for the proper execution of the contract, which the Customer relies on regularly (cardinal obligations), or in instances of agreed guarantee commitments. However, in such cases, liability is limited to foreseeable, contract-typical, and expected damages. The Vendor is not liable for the slightly negligent breach of obligations other than those mentioned. These liability limitations do not apply in cases of injury to life, limb, or health, defects following the assumption of product quality guarantees, or fraudulently concealed defects. Liability under product liability laws remains intact. The exclusion or limitation of the Vendor's liability also extends to the personal liability of employees, representatives, and agents. Claims for damages by the Customer are otherwise excluded. These liability provisions apply to the Customer's claims for damages under the Vendor's statutory warranty.

  • The limitations of warranty and liability, as well as the shortening of deadlines, do not apply to claims for damages and reimbursement of expenses by the Customer, goods used in accordance with their customary use for a building resulting in its defectiveness, and existing update obligations in contracts for digital products.

 

14) Final Provisions: 

 

For relationships between the Customer, if acting as an entrepreneur, and the Vendor, German law exclusively governs, excluding the UN Convention on Contracts for the International Sale of Goods.


15) Dispute Resolution:

 

The European Commission offers an Online Dispute Resolution (ODR) platform accessible at https://ec.europa.eu/consumers/odr/ for consumers to settle disputes. However, we are neither willing nor obliged to engage in dispute resolution proceedings before a consumer arbitration board.

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