T&Cs

GENERAL TERMS AND CONDITIONS (ONLINE SHOP FOR TEXTILES) § 1 Scope and Provider (1) These General Terms and Conditions apply to all orders placed with the online shop Oliveira Mode Spitzenberg 4 91174 Spalt

Managing Director: Mirsada Oliveira (2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18. (3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future business relationships, even if they are not expressly agreed upon again. The inclusion of a customer's General Terms and Conditions that contradict our General Terms and Conditions is hereby rejected. (4) The contract language is exclusively German. (5) You can access and print the currently valid General Terms and Conditions on the website [insert link]. § 2 Conclusion of Contract (1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. (2) By clicking the button ["Order with obligation to pay" / "Buy"], you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can review your order and correct it if necessary. (3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). This order confirmation does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded by the order confirmation. Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 (4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you without prior express declaration of acceptance. Exception: in the case of payment by prepayment and PayPal, the acceptance of the order takes place immediately with your order. § 3 Prices The prices stated on the product pages include the statutory value-added tax and other price components and are exclusive of the respective shipping costs. Further information on shipping costs can be found on our website under ["Shipping Information" / "Delivery Conditions"]. § 4 Payment Terms; Default (1) Payment can be made by invoice in advance, cash on delivery, credit card, PayPal or direct debit. (2) The selection of the available payment methods is at our discretion. In particular, we reserve the right to offer you only selected payment methods, for example, to secure our credit risk, only prepayment. (3) If you choose the prepayment method, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation. (4) For cash on delivery payments, an additional fee of [X] EUR will be charged by the delivery person on site. No further costs or taxes apply. (5) For credit card payments, the purchase price is reserved on your credit card at the time of order (authorization). Your credit card account will actually be charged when we ship the goods to you. (6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information can be found at Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 during the ordering process. The payment transaction is automatically carried out by PayPal immediately thereafter. (7) In the case of payment by direct debit, you may have to bear those costs that arise as a result of a chargeback of a payment transaction due to insufficient account coverage or due to incorrectly transmitted bank account data by you. (8) If you are in default of payment, you are obliged to pay the statutory default interest of 5 percentage points above the base rate. For each reminder sent to you after the occurrence of default, a reminder fee of EUR 2.50 will be charged, unless a lower or higher damage is proven in individual cases. § 5 Set-off/Right of Retention (1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a close synallagmatic relationship to our claim. (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 goods will be delivered from our warehouse to the address you specify. (2) Orders are only possible within Germany. Delivery will only be made in household quantities. (3) The goods remain our property until full payment of the purchase price. (4) We are exceptionally not obliged to deliver the ordered goods if we have ordered the goods ourselves correctly, but were not supplied correctly or on time (congruent hedging transaction). This presupposes that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. Furthermore, we must not have assumed the risk of procuring the ordered goods. In the event of corresponding unavailability of the goods, we will refund any payments already made by you without delay. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods that are only described by their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and from the goods ordered by us from our suppliers. (5) If you are an entrepreneur within the meaning of § 14 BGB, the following applies in addition: Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 - We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted. - You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount accruing to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not duly meet your payment obligations, we reserve the right to collect the claims ourselves. - In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. - We undertake to release the securities due to us upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is at our discretion. § 7 Right of Withdrawal Information In the event that you are a consumer within the meaning of § 13 BGB, i.e., you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions. 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 named by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us Company: Address: Email: Phone: Fax: Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 by means of a clear statement (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. 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 the earlier. You must return or hand over the goods to us or to [if applicable, name and address of a person authorized by you to receive the goods] without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their quality, characteristics and functionality. Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 Model Withdrawal Form If you wish to withdraw from the contract, please fill out this form and send it back. To Company: Oliveira Mode Address: Spitzenberg 4 91174 Spalt Email: oliveirafashion@aol.com Fax: I/we (*) hereby withdraw from the contract concluded 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 for notification on paper) Date (*) Delete as appropriate. Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 End of the withdrawal information (1) The right of withdrawal does not apply - for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) or - for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery. (2) Please avoid damage and contamination. Please return the goods, if possible, in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure sufficient protection against transport damage with suitable packaging to avoid claims for damages due to damage resulting from inadequate packaging. (3) Please call us at [phone no.] before returning the goods to announce the return. This way you enable us to assign the products as quickly as possible. (4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal. § 8 Transport Damage (1) If goods are delivered with obvious transport damage, please report such defects immediately to the deliverer and contact us as soon as possible. (2) Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or transport insurance. § 9 Warranty (1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 et seq. BGB). Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 (2) If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used goods is - deviating from the statutory provisions - one year. This limitation does not apply to claims for damages resulting from injury to life, body or health or from the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contracting party regularly relies (cardinal obligation), as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. (3) In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period according to § 438 para. 1 no. 3 BGB. (4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications: - Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. - You are obliged to examine the goods immediately and with due diligence for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. If the duty to examine and complain is violated, the assertion of warranty claims is excluded. - In the event of defects, we will provide a warranty, at our discretion, by rectification or replacement delivery (subsequent performance). In the event of rectification, we are not obliged to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the movement is in accordance with the intended use of the goods. - If the subsequent performance fails twice, you may, at your discretion, demand a reduction in price or withdraw from the contract. - The warranty period is one year from the delivery of the goods. § 10 Liability (1) Unlimited liability: We are liable without limitation 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, body and health of persons. (2) In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract. Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 first enables and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents. § 11 Alternative Dispute Resolution The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to clarify disputes in connection with their online order initially without the involvement of a court. The dispute resolution platform can be reached via the external link http://ec.europa.eu/consumers/odr/. We endeavor to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure. § 12 Final Provisions (1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall not be affected thereby. (2) Contracts between us and you are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you are habitually resident remain unaffected by the choice of law. (3) If you are a merchant, a legal entity under public law, or a special fund under public law, our registered office is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you