Terms & Conditions
June 15 2016
1.1. The sale of products via the online shop (‘Shop’) Resbelle, Theresa Spoercken (registered office: Mommsenstrasse 10, D-10629 Berlin, referred to below as ‘Resbelle’ or ‘we’) operated using the Internet address www.resbelle.com shall be governed exclusively by the following terms and conditions of sale (‘Terms and Conditions’). Your own terms and conditions which deviate from ours are rejected unless we expressly consent to their application in writing.
1.2. These Terms and Conditions apply to orders placed by consumers within the meaning of Paragraph 13 of the German Civil Code (Bürgerliches Gesetzbuch, ‘BGB’) (that means natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession) and to orders placed by businesses or business persons acting in the course of their business (‘Unternehmer’) within the meaning of Paragraph 14 of the BGB.
1.3. Products may only be purchased in the Shop if you consent to the Terms and Conditions. Please read through them carefully. If you do not consent to all of these Terms and Conditions, you are not permitted to place any orders.
2. CONCLUSION OF THE CONTRACT
2.1. If you are under 18 years old, you need the consent of your legal representative in order to conclude a contract with Resbelle.
2.2. The offers made in our Shop are not binding. By placing an order in the Shop, you make a binding offer to conclude a contract of sale. After you place an order, we will automatically send you an e-mail in which we confirm the receipt of your order (‘Order Acknowledgement’). This Order Acknowledgement does not constitute the acceptance of your offer but is merely intended to inform you that we have received your order. It also includes detailed information in relation to your order and an order number, which you should state if you have any further questions about your order. If the goods you want are not available, we will inform you of this promptly.
2.3. A contract of sale with you only comes into existence when we dispatch the product ordered to you and confirm dispatch to you in a second e-mail (‘Order Confirmation’). If your order is dispatched in more than one parcel, you may receive a separate Order Confirmation for each parcel. Under these circumstances a separate contract of sale comes into existence with regard to each Order Confirmation concerning the products listed in the respective Order Confirmation.
3. PRICES AND TAXES
3.1. The prices stated in the Shop do not include delivery costs or handling fees. You are notified of these costs during checkout.
3.2. All prices are inclusive of value added tax which is shown separately prior to placing your order.
3.3. Prior to your order, all prices stated in the Shop can be changed at any time without advance notice.
4. PAYMENT; RETENTION OF TITLE
4.1. In principle, the customer may pay the purchase price by credit card, PayPal or bank transfer. However, for every order we reserve the right not to offer certain payment methods and to direct you to other means of payment.
4.2. Until payment is received in full, every product supplied remains the property of Resbelle or – in so far as third parties are the owners of the products ordered – the owner in the relevant case.
5. SHIPPING; DELIVERY
5.1. You can find more detailed information on delivery, the countries to which we can ship products and on delivery costs here. If we do not ship products to the country in which you live, please contact us via email@example.com.
5.2. If a product cannot be delivered due to incorrect or incomplete delivery information provided by you, it will be sent back to us. In such cases, we will not charge you for the product and/or any sums already paid will be reimbursed to you. However, we reserve the right to charge shipping costs. If delivery of a product does not take place for other reasons, no costs will be charged to you and all payments which have already been made will be reimbursed.
5.3. Goods are delivered by DHL. The goods are at Resbelle’s risk until delivered if you order from us as a consumer within the meaning of Paragraph 13 of the BGB (that means as a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession).
6.1. In the event of defects, you are entitled to the statutory warranty rights against Resbelle as seller, in particular Paragraph 434 et seq. of the BGB. Unless expressly agreed otherwise in an individual case, Resbelle does not give any warranties which go beyond the statutory warranties and does not give any other undertakings in relation to the goods. When Resbelle contracts with businesses or business persons acting in the course of their business (‘Unternehmer’) the warranty period is 12 months.
6.2. Goods offered on our website are presented in the form of digital photographs. Any slight colour variations are due to technical reasons and do not constitute a defect in the goods ordered from us.
7.1. You cannot claim for damages as such claims are excluded. This limitation on liability for damages does not apply to claims for damages arising from fatal injury, personal injury or harm to health or from the breach of material contractual duties (so-called cardinal duties or ‘Kardinalpflichten’) or to liability for other loss or damage caused by an intentional or grossly negligent breach of duty by Resbelle, its legal representatives or vicarious agents. Material contractual duties are those which it is necessary to fulfill in order to achieve the objective of the contract. In those cases Resbelle shall have unlimited liability. Liability under the Law on product liability (Produkthaftungsgesetz) shall be unaffected by this.
7.2. Except in relation to any claims you have for damages arising from fatal injury, personal injury or harm to health, where there is a breach of material contractual duties and loss or damage is caused by simple negligence, Resbelle shall only be liable to an extent limited in amount to the foreseeable loss or damage which is typical for this type of contract.
8. NOTICE OF YOUR RIGHT OF WITHDRAWAL
8.1. If you order from us as a consumer within the meaning of Paragraph 13 of the BGB (that is as a natural person who enters into a legal transaction for a purpose that is predominantly outside his trade, business or profession), in addition to the other Terms and Conditions in this agreement, the provisions under this heading apply.
NOTICE OF YOUR RIGHT OF WITHDRAWAL
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reasons.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform us (Resbelle, Theresa Spoercken (registered office: Mommsenstrasse 10, 10629 Berlin; E-Mail: firstname.lastname@example.org; Tel.: +49 179 529 69 68) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF THE NOTICE OF YOUR RIGHT OF WITHDRAWAL
9. OTHER MATTERS RELATING TO RETURNING THE GOODS
9.1. We request that you do not remove any tags, labels or similar items attached to the goods (e.g. by cutting them off) and that you do not soil or damage the goods if you would like to send the goods back. This clause does not restrict your statutory right of withdrawal under Clause 8: however, we refer to the last paragraph of Clause 8 (liability when establishing the nature, characteristics and functioning of the goods).
10. DATA PROTECTION
Resbelle’s privacy statement explains how we handle your personal data and protect it if you buy products via Resbelle’s websites. You can find the privacy statement here.
11. APPLICABLE LAW; JURISDICTION; LANGUAGE OF THE CONTRACT
11.1. These Terms and Conditions and any disputes arising from or in connection with these Terms and Conditions shall be subject to German law excluding UN sales law.
11.2. Where products are ordered by businesses or business persons acting in the course of their business (‘Unternehmer’), the place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions shall be Berlin. In other cases, the statutory rules on the place of jurisdiction shall apply.
11.3. The language of the contract is German. We will correspond with you in the German language. This document is a non-binding convenience translation, for a binding version of our General Terms and Conditions of Business please read the German version of this document. Solely the German version of our General Terms and Conditions of Business is the governing version.
12. AMENDMENTS TO THESE TERMS AND CONDITIONS; SEVERABILITY
12.1. The Terms and Conditions which are valid at the time of the purchase of a product shall apply to the corresponding order and the corresponding product. Resbelle reserves the right to amend these Terms and Conditions. Such amendments shall not have retrospective effect and shall apply exclusively to future orders.
12.2. If a provision in these Terms and Conditions is or becomes wholly or partially void, ineffective, impracticable or unenforceable, the effectiveness and the enforceability of the other provisions of these Terms and Conditions shall not be affected.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.