Terms and conditions

(The following terms and conditions also contain legal information about your rights in accordance with the regulations on contracts for distance sales and in e-commerce.)

  1. Scope
  2. Descriptions of products and services
  3. Order process and conclusion of contract
  4. Prices and forwarding costs
  5. Delivery, product availability
  6. Payment methods
  7. Title retention
  8. Material defect warranty and guarantee
  9. Liability
  10. Saving of contract text
  11. Data protection
  12. Court with jurisdiction, applicable law, contract language

 

  1. Scope
    1.1. For the business relationship between “Lilli-Marleen. made with LOVE, owner Tina-Marie Efferl”, Bründlweg 1, 8072 Fernitz-Mellach (in the following referred to as “seller”) and the customer (in the following referred to as “customer”), solely the following terms and conditions in the version valid at the time of order apply.
    1.2. You can contact customer service for questions, refunds and complaints on workdays from 12 p.m. to 6 p.m. via the telephone number +43 (0) 664/2367330 as well as by email via home@lilli-marleen.com
    1.3. For the purpose of these terms and conditions, a consumer is a natural person who completes a legal transaction for a purpose that can predominantly neither be ascribed to their commercial or self-employed professional activities (§ 1 KschG (Consumer Protection Act)).
    1.4. Deviating conditions of the customer are not recognised, unless the seller has explicitly agreed to their validity.
  2. Descriptions of products and services
    2.1. The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to place an order. Descriptions of services in catalogues or on websites of the seller do not have the character of a promise or guarantee.
    2.2. All offers apply “while stocks last” if not otherwise stated with the products. Errors excepted.
  3. Order process and conclusion of contract
    3.1. The customer can select products from the seller’s collection without obligation and collect them in a so-called basket by clicking a button [basket]. Finally, the customer can move to complete the order process within the basket by clicking a button [checkout].
    3.2 By clicking a button [buy], the customer makes a binding request to purchase the products in the basket. Before placing the order, the customer can change and view the data at any time. Compulsory information is marked with an asterisk (*).
    3.3 The seller then sends the customer an automatic notice of receipt via email that again lists the customer’s order and which the customer can print out via the “print” function (order confirmation). The automatic notice of receipt only documents that the seller has received the customer’s order and does not represent their acceptance of the request. The sales contract is only entered into when the seller has sent or handed over the ordered product to the customer within the stated delivery time, or has confirmed dispatch to the customer within 4-7 days with a second email, an explicit order confirmation or by sending the invoice.
    3.4. If the seller enables advance payment, the contract is entered into with the provision of bank details and request for payment. If, despite payment being due, the seller has not received the payment amount 10 calendar days after sending the order confirmation, although a second request for payment has been made, the seller withdraws from the contract with the consequence that the order is no longer valid and the seller is under no delivery obligation. The order has no further consequences for seller or customer. In the case of advance payments, the article can therefore be reserved for 10 calendar days at the longest.
  4. Prices and forwarding costs
    4.1 As this is a small business, no sales tax will be charged.
    4.2. In addition to the prices stated, the seller charges forwarding costs for delivery. The customer will be clearly informed of forwarding costs on a specific information page and when placing the order.
  5. Delivery, product availability
    5.1. If advance payment has been agreed upon, delivery will take place after receipt of the invoice amount.
    5.2. If not all ordered products are in stock, the seller has the right to deliver in successive consignments at their cost, insofar as this is acceptable for the customer.
    5.3. If, due to the fault of the customer, it should not be possible to deliver the product despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be returned to the customer without delay. Costs resulting from return and/or non-delivery are to be borne by the customer and will be deducted from the customer for this purpose.
    5.4 If the product ordered is not available because, through no fault of the seller, the seller’s contractor does not deliver the product, the seller can withdraw from the contract. In this case, the seller will inform the customer without delay and, if applicable, suggest delivering a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller will return any payments already made without delay.
    5.5. Customers will be informed of delivery times and delivery limitations (e.g. limitations of delivery to particular countries) on a designated information page or in the respective product description.
  6. Payment methods
    6.1. The customer can select from the available payment methods in the framework of and before completion of the order process.
    6.2. If payment by invoice is possible, the payment is to be made without deductions within [30 days] of receiving the product and invoice. With all other payment types, the payment is to be made in advance without deductions.
    6.3. If third-party providers are commissioned with the handling of the payments, e.g. Paypay, their terms and conditions apply.
    6.4. If the payment time is determined by the calendar, the customer falls into arrears when they miss the specified date. In this case, the customer is to pay late payment interest amounting to 5 percentage points above the base rate.
    6.5. The obligation of the customer to pay late payment interest does not prevent the seller from claiming for further damages caused by delay.
    6.6. The customer is entitled to a set-off only if their counterclaims have been legally established or are recognised by the seller. The customer can exercise right of retention only where the claims result from the same contractual agreement.
  7. Title retention
    The delivered goods remain the property of the seller until payment has been made in full.
  8. Material defect warranty and guarantee
    8.1. The warranty is defined by legal regulations.
    8.2. A guarantee only exists on the goods delivered by the seller if explicitly given.
  9. Liability
    9.1. Without prejudice to the other legal conditions under which claims can be made, the following exclusions from liability and limitations of liability apply to the seller’s liability for compensation of damages.
    9.2. The seller assumes unlimited liability insofar as the damage was caused by intent or gross negligence.
    9.3. Moreover, the seller is liable for the slightly negligent breach of essential duties, whose breach jeopardises the fulfilment of the purpose of the contract, or is liable for the breach of duties whose fulfilment is essential for the proper implementation of the contract and the adherence to which the customer relies upon. However, in this case the seller is only liable for the foreseeable damages typical for the contract. The seller is not liable for slightly negligent breach of duties other than those stated in the preceding sentences.
    9.4. The preceding limitations of liability do not apply in the case of injury to life, body or health, in the case of a defect after a guarantee has been given for the condition of the product and in the case of fraudulently concealed defects. The liability in accordance with the Product Liability Act is not affected.
    9.5. Insofar as the seller is excluded from liability or their liability is limited, this also applies to the personal liability of employees, representatives and assistants.
  10. Saving of contract text
    10.1. The customer can print out the contract text before placing the order with the seller by using the print function in their browser in the last order step.
    10.2. Furthermore, the seller sends the customer an order confirmation with all order data to the email address they provided. If you have registered with our shop, you can view your placed orders in your profile area. Moreover, we save the contract text, although we do not make it accessible on the internet.
  11. Data protection
    11.1 The seller processes personal customer data for appropriate purposes and in accordance with statutory provisions.
    11.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) is used by the seller for the fulfilment and performance of the contract. This data is treated confidentially and is not disclosed to third parties not involved in the ordering, delivery and payment process.
    11.3. Upon request, the customer is entitled to receive information free of charge about the personal data that the seller has saved about them. In addition, they are entitled to the rectification of incorrect data, and to the blocking and deletion of their personal data insofar as there is no legal obligation to retain such data.
    11.4. Further information about the type, scope, place and purpose of the collection, processing and use of required personal data by the seller can be found in the data protection statement.
  12. Court with jurisdiction, applicable law, contract language
    12.1. The place of jurisdiction and fulfilment is the place of business of the seller if the buyer is a retailer, a legal entity under public law or a special fund under public law.
    12.2. The contract language is German.Copyright
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