Terms & Conditions
Terms and Conditions
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Processing Goods According to Specific Customer Specifications
Special Conditions for Repair Services
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
- Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Aaron Lahn and
Jonas Allewehr, operating under “MaisondeCouture” (hereinafter “Seller”), apply
to all contracts for the delivery of goods that a consumer or entrepreneur
(hereinafter “Customer”) concludes with the Seller regarding the goods displayed
by the Seller in their online store. The inclusion of the Customer’s own terms and
conditions is hereby rejected unless otherwise agreed.
1.2 These GTC also apply to contracts for the delivery of vouchers unless
otherwise regulated.
1.3 A consumer within the meaning of these GTC is any natural person who
enters into a legal transaction for purposes that are predominantly outside their
commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person
or a legally capable partnership who acts in the exercise of their commercial or
independent professional activity when concluding a legal transaction. - Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not
constitute binding offers from the Seller, but serve to make a binding offer by the
Customer.
2.2 The Customer can submit the offer via the online order form integrated into
the Seller’s online shop. After placing the selected goods in the virtual shopping
cart and completing the electronic ordering process, the Customer makes a
legally binding contractual offer regarding the goods in the shopping cart by
clicking the button that completes the order. Furthermore, the Customer may
also submit the offer by phone, email, mail, or online contact form to the Seller.
2.3 The Seller may accept the Customer’s offer within five days by either sending
a written order confirmation or an order confirmation in text form (fax or email) to
the Customer, with the access of the order confirmation by the Customer being
decisive; or
by delivering the ordered goods to the Customer, with the delivery of the goods
being decisive; or
by requesting payment from the Customer after the order has been placed. If
multiple of the above-mentioned alternatives occur, the contract is concluded at
the time when one of the alternatives first occurs. The deadline for accepting the
offer begins on the day after the Customer sends the offer and ends at the close
of the fifth day following the sending of the offer. If the Seller does not accept the
Customer’s offer within the aforementioned period, this is considered a rejection
of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is
carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”),
subject to PayPal’s terms of use, which can be viewed at PayPal Terms or, if the
Customer does not have a PayPal account, the conditions for payments without
a PayPal account, available at PayPal Privacy. When the Customer chooses a
payment method offered by PayPal during the online ordering process, the Seller
already declares the acceptance of the Customer’s offer at the time the
Customer clicks the button that completes the order.
2.5 When submitting an offer via the Seller’s online order form, the contract text
is stored by the Seller after the conclusion of the contract and sent to the
Customer in text form (e.g., email, fax, or letter) after the Customer has placed
the order. No further provision of the contract text by the Seller occurs. If the
Customer has set up a user account in the Seller’s online shop before placing the
order, the order data will be archived on the Seller’s website and can be retrieved
by the Customer free of charge via their password-protected user account using
the appropriate login details.
2.6 Before placing the order via the Seller’s online order form, the Customer can detect
possible input errors by carefully reading the information displayed on the screen. An
effective technical tool to better detect input errors may be the browser’s zoom
function, which enlarges the display on the screen. The Customer can correct their
entries within the electronic ordering process using the usual keyboard and mouse
functions until they click the button that completes the order process.
2.7 The contract can be concluded in the German language.
2.8 The order processing and communication usually take place via email and
automated order processing. The Customer must ensure that the email address
provided for order processing is correct so that emails sent by the Seller can be received
at this address. In particular, the Customer must ensure that all emails sent by the Seller
or third parties commissioned by the Seller for order processing can be delivered,
especially when using SPAM filters. - Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s
withdrawal instruction. - Prices and Payment Terms
4.1 Unless otherwise stated in the product description by the Seller, the prices
listed are total prices, including the statutory value-added tax. Any additional
delivery and shipping costs will be specified separately in the respective product
description.
4.2 For deliveries to countries outside the European Union, additional costs may
arise that are not covered by the Seller and are to be borne by the Customer.
These include, for example, costs for money transfers by financial institutions
(e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs
duties). Such costs may also arise in relation to money transfers even if the
delivery is not to a country outside the European Union, but the Customer makes
the payment from a country outside the European Union.
4.3 The payment method(s) will be communicated to the Customer in the Seller’s
online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after
the contract is concluded, unless the parties have agreed on a later due date.
4.5 If a payment method offered through the payment service “PayPal” is
selected, the payment processing is carried out through PayPal, which may also
use third-party payment service providers for this purpose. If the Seller offers
payment methods via PayPal where they advance the payment to the Customer
(e.g., invoice purchase or installment payment), they assign their payment claim
to PayPal or the payment service provider commissioned by PayPal, as specified
to the Customer. Before accepting the Seller’s assignment statement, PayPal or
the third-party payment service provider conducts a credit check using the
transmitted Customer data. The Seller reserves the right to refuse the selected
payment method in case of a negative credit check result. If the selected
payment method is approved, the Customer must pay the invoice amount within
the agreed payment period or intervals. In this case, the Customer can only make
payments to PayPal or the third-party payment service provider with debt-
clearing effect. However, the Seller remains responsible for general customer
inquiries, e.g., about goods, delivery times, shipping, returns, complaints,
withdrawal statements and returns, or credits.
4.6 If the payment method “SOFORT” is selected, the payment processing is
carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12,
80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT”,
the Customer must have an online banking account enabled for participation in
“SOFORT,” authenticate themselves during the payment process, and confirm the
payment instruction to “SOFORT.” The payment transaction is immediately
processed by “SOFORT,” and the Customer’s bank account will be charged.
Further information about the payment method “SOFORT” can be found on the
internet at https://www.klarna.com/sofort/.
4.7 If a payment method offered via the payment service “Shopify Payments” is
selected, the payment processing is carried out by the payment service provider
Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock,
Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered via
Shopify Payments will be communicated to the Customer in the Seller’s online
shop. To process payments, Stripe may use additional payment services, which
may have specific payment terms, to which the Customer will be separately
notified. Further information about “Shopify Payments” can be found on the
internet at https://www.shopify.com/legal/terms-payments-de.
4.8 If a payment method offered through the payment service “Klarna” is selected, the
payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34
Stockholm, Sweden (hereinafter “Klarna”). Further information and the terms and
conditions of Klarna can be found here: - Delivery and Shipping Terms
5.1 If the Seller offers shipping, delivery will be made within the Seller’s specified
delivery area to the delivery address provided by the Customer, unless otherwise
agreed. The delivery address provided in the Seller’s order processing is
authoritative for the transaction.
5.2 If the delivery fails due to reasons for which the Customer is responsible, the
Customer will bear the reasonable costs incurred by the Seller as a result. This
does not apply to shipping costs if the Customer effectively exercises their right
of withdrawal. For return shipping costs, the regulations in the Seller’s withdrawal
instructions apply if the Customer effectively exercises their right of withdrawal.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or
deterioration of the goods passes to the Customer as soon as the Seller hands
the goods over to the carrier, freight forwarder, or other persons or institutions
designated to execute the shipment. If the Customer acts as a consumer, the risk
of accidental loss or deterioration of the goods passes to the Customer only
upon delivery of the goods to the Customer or a person authorized to receive the
goods. However, the risk passes to the Customer even if the Customer acts as a
consumer, as soon as the Seller hands the goods over to the carrier, freight
forwarder, or other persons or institutions designated to execute the shipment,
provided that the Customer has commissioned the carrier, freight forwarder, or
other person or institution with the execution of the shipment and the Seller has
not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of
incorrect or improper self-delivery. This applies only if the non-delivery is not the
fault of the Seller and the Seller has concluded a specific procurement
transaction with the supplier with due care. The Seller will make all reasonable
efforts to obtain the goods. In the case of non-availability or partial availability of
the goods, the Customer will be informed immediately and the consideration will
be refunded without delay.
5.5 If the Seller offers goods for pickup, the Customer may pick up the ordered
goods during the Seller’s specified business hours at the address provided by the
Seller. In this case, no shipping costs will be charged.
5.6 Vouchers will be provided to the Customer as follows:
- By download
- By email
- Retention of Title
If the Seller provides the goods in advance, they retain ownership of the delivered
goods until the full purchase price has been paid. - Warranty (Liability for Defects)
Unless otherwise stated in the following provisions, the statutory provisions on
liability for defects apply. In deviation from this, the following applies to contracts
for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
- The Seller has the choice of the type of supplementary performance;
- For new goods, the limitation period for defects is one year from the delivery of
the goods; - For used goods, rights and claims due to defects are excluded;
- The limitation period does not begin anew if a replacement delivery occurs within
the framework of the liability for defects.
7.2 The above-mentioned limitations of liability and the reduction of periods do
not apply - To claims for damages or reimbursement of expenses by the Customer,
- In the case that the Seller has fraudulently concealed the defect,
- For goods that have been used for the construction of a building according to
their usual use and caused a defect in the building, - For any obligation of the Seller to provide updates for digital products, in
contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing
legal recourse claims remain unaffected.
7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German
Commercial Code), the commercial duty to inspect and notify as per § 377 HGB
applies. If the Customer fails to fulfill the notification obligations specified there,
the goods are considered approved.
7.5 If the Customer acts as a consumer, they are requested to report any
delivered goods with obvious transport damage to the carrier and inform the
Seller about it. If the Customer fails to do so, it will not affect their statutory or
contractual claims for defects.
8) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual, and
statutory, including tort claims, for damages and reimbursement of expenses as
follows:
8.1 The Seller is fully liable - in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise agreed,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, the
liability is limited to the typical, foreseeable damage of the contract, unless
unlimited liability applies as per the previous clause. Material contractual
obligations are those that the contract imposes on the Seller to achieve the
purpose of the contract, whose fulfillment makes the proper execution of the
contract possible, and on which the Customer can regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply to the Seller’s liability for its agents
and legal representatives.
9) Special Conditions for the Processing of Goods According to Customer
Specifications
9.1 If the Seller is obliged under the contract to process goods according to
specific requirements of the Customer, the Customer must provide the Seller
with all necessary content (texts, images, or graphics) in the formats, resolutions,
and file sizes specified by the Seller, and grant the necessary usage rights. The
Customer is solely responsible for procuring and acquiring rights to these
contents. The Customer declares and assumes responsibility for having the right
to use the provided contents, ensuring no third-party rights (especially copyright,
trademark, or personality rights) are infringed.
9.2 The Customer shall indemnify the Seller from third-party claims arising from
the violation of their rights due to the contractual use of the Customer’s content
by the Seller. The Customer is also responsible for the necessary legal defense
costs, including court and attorney fees. This does not apply if the Customer is
not responsible for the legal violation. The Customer must provide the Seller with
all necessary information in case of a third-party claim.
9.3 The Seller reserves the right to refuse processing orders if the provided
content violates legal or regulatory prohibitions or is immoral, such as content
that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to
youth, or glorifying violence.
10) Special Conditions for Repair Services
10.1 Repair services are provided at the Seller’s place of business.
10.2 The Seller will provide the services personally or through qualified personnel
selected by the Seller. The Seller may also use third-party services
(subcontractors) who act on behalf of the Seller. Unless otherwise stated, the
Customer has no right to select a specific person for the service.
10.3 The Customer must provide the Seller with all information necessary for the
repair, unless obtaining such information is the Seller’s responsibility under the
contract. The Customer must, in particular, provide a detailed description of the
issue and inform the Seller of all circumstances that could be relevant to the
problem.
10.4 Unless otherwise agreed, the Customer must send the item to be repaired
to the Seller’s business address at their own expense and risk. The Seller
recommends that the Customer take out transport insurance. The Seller also
recommends that the Customer use suitable packaging to reduce the risk of
transport damage and to conceal the contents. The Seller will promptly inform
the Customer of any visible transport damage so that the Customer can assert
any rights with the carrier.
10.5 The return of the item is at the Customer’s expense. The risk of accidental
loss or deterioration of the item passes to the Customer upon handover to a
suitable transport person at the Seller’s business address. Upon request, the
Seller will arrange transport insurance for the item.
10.6 The Customer may also personally bring the item to be repaired to the
Seller’s premises and pick it up again, if this is indicated in the Seller’s service
description or if the parties have made a corresponding agreement. In this case,
the above provisions regarding the costs and risks of shipping and return shipping
apply accordingly.
10.7 The aforementioned provisions do not affect the Customer’s statutory
warranty rights in the case of purchasing goods from the Seller.
10.8 The Seller is liable for defects in the performed repair service in accordance
with the statutory warranty provisions.
11) Redemption of Promotional Vouchers
11.1 Vouchers issued by the Seller as part of promotional campaigns with a
specific validity period and which cannot be purchased by the Customer
(hereafter “promotional vouchers”) can only be redeemed in the Seller’s online
store and only within the specified period.
11.2 Certain products may be excluded from the voucher promotion if such a
restriction is indicated on the promotional voucher.
11.3 Promotional vouchers can only be redeemed before completing the order
process. A subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must at least correspond to the amount of the
promotional voucher. Any remaining balance will not be refunded by the Seller.
11.6 If the value of the promotional voucher is insufficient to cover the order, one
of the other payment methods offered by the Seller can be selected to cover the
remaining balance.
11.7 The balance of a promotional voucher will neither be paid out in cash nor
accrue interest.
11.8 The promotional voucher will not be refunded if the Customer returns the
goods purchased in whole or in part using the promotional voucher under the
statutory right of withdrawal.
11.9 The promotional voucher is transferable. The Seller can discharge its
obligations by delivering to the holder of the promotional voucher who redeems it
in the Seller’s online store. This does not apply if the Seller has knowledge or
gross negligence in ignorance of the holder’s lack of entitlement, legal incapacity,
or missing authority to represent.
12) Redemption of Gift Vouchers
12.1 Vouchers that can be purchased through the Seller’s online store (hereafter
“gift vouchers”) can only be redeemed in the Seller’s online store unless the
voucher indicates otherwise.
12.2 Gift vouchers and remaining balances of gift vouchers are redeemable until
the end of the third year after the year of voucher purchase. Remaining balances
will be credited to the Customer until the expiration date.
12.3 Gift vouchers can only be redeemed before completing the order process. A
subsequent offsetting is not possible.
12.4 Only one gift voucher can be redeemed per order.
12.5 Gift vouchers can only be used to purchase goods and not for purchasing
other gift vouchers.
12.6 If the value of the gift voucher is insufficient to cover the order, one of the
other payment methods offered by the Seller can be selected to cover the
remaining balance.
12.7 The balance of a gift voucher will neither be paid out in cash nor accrue
interest.
12.8 The gift voucher is transferable. The Seller can discharge its obligations by
delivering to the holder of the gift voucher who redeems it in the Seller’s online
store. This does not apply if the Seller has knowledge or gross negligence in
ignorance of the holder’s lack of entitlement, legal incapacity, or missing
authority to represent.
13) Applicable Law
For all legal relationships between the parties, the laws of the Federal Republic of
Germany apply, excluding the international sales laws of movable goods. In the
case of consumers, this choice of law applies only insofar as the mandatory
protection under the laws of the state in which the consumer has their habitual
residence is not overridden.
14) Alternative Dispute Resolution
14.1 The EU Commission provides a platform for online dispute resolution,
available at: https://ec.europa.eu/consumers/odr. This platform serves as a
contact point for out-of-court dispute resolution in online purchase or service
contracts involving a consumer.
14.2 The Seller is neither obligated nor willing to participate in a dispute
resolution procedure before a consumer arbitration body.
Right of Withdrawal Information
Right of Withdrawal
Introduction
Consumers have a right of withdrawal as follows, where a consumer is any
natural person who enters into a legal transaction for purposes that are
predominantly outside their commercial or independent professional activity:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without
giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party
designated by you, other than the carrier, took possession of the last good.
To exercise your right of withdrawal, you must inform us (Aaron Lahn, Jonas
Allewehr, MaisondeCouture, An der Concordiahütte 10, 56170 Mühlhofen,
Germany, Tel.: +49 157 52680941, E-Mail: Couturedemaisons@gmail.com) of
your decision to withdraw from this contract through a clear statement (e.g., a
letter sent by post or email). You can use the attached model withdrawal form,
but this is not required.
To meet the withdrawal deadline, it is sufficient for you to send your notification
concerning the exercise of the right of withdrawal before the withdrawal period
has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received
from you, including the costs of delivery (with the exception of the additional
costs arising from your choice of a delivery method other than the least
expensive standard delivery offered by us), without undue delay and no later than
fourteen days from the day we receive notification of your withdrawal from this
contract. We will use the same means of payment for the refund that you used in
the original transaction, unless expressly agreed otherwise; in no case will you be
charged any fees for this refund. We may withhold the refund until we have
received the goods back or you have provided proof that you have returned the
goods, whichever is earlier.
You must return the goods without undue delay and in any case no later than
fourteen days from the day on which you notify us of the withdrawal from this
contract, to us. The deadline is met if you send the goods before the fourteen-day
period has expired.
You will bear the direct cost of returning the goods.
You must pay for any loss in value of the goods only if this loss in value is due to
handling the goods in a way that was not necessary to check the nature,
characteristics, and functioning of the goods.
Related/Financed Transactions
If you finance this contract with a loan and later withdraw, you will no longer be
bound by the loan agreement, provided both contracts form an economic unit.
This is particularly the case if we are your lender or if your lender uses our
services to finance the purchase. If the loan has already been paid to us when the
withdrawal becomes effective or when the goods are returned, your lender
assumes our rights and obligations with respect to you concerning the legal
consequences of withdrawal or return. This does not apply if the contract
concerns the purchase of financial instruments (e.g., securities, currencies, or
derivatives). If you wish to avoid binding, exercise your right of withdrawal and
also withdraw from the loan agreement if applicable.
General Notes
Please avoid damaging or contaminating the goods. Return the goods in their
original packaging with all accessories and packaging components. Use
protective packaging if necessary. If you no longer have the original packaging,
please use suitable packaging to ensure the goods are protected from transport
damage.
Do not return the goods unfunded.
Please note that the above points 1-2 are not prerequisites for the effective
exercise of the right of withdrawal.
B. Withdrawal Form
If you wish to withdraw from the contract, please complete this form and send it
back.
To:
Germany
E-mail: Couturedemaisons@gmail.com
I/we () hereby withdraw from the contract concluded by me/us () regarding 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 if submitted on paper)
Date
(*) Delete as applicable