Conditions
1. Scope of Application
1.1 These General Terms and Conditions (GTC) govern all deliveries, services, and offers of the Madame Fagini Shop operated by Madame Bloom GmbH, located at Siegfriedstr. 1, 40549 Düsseldorf, represented by managing director Denise Faghihi.
1.2 These terms and conditions apply to all current and future business relationships, even if they are not expressly agreed upon again.
Date: January 24, 2024
2. Order and Conclusion of Contract
2.1 Shopping Cart and Ordering Process
The buyer can select products from our assortment and collect them in a shopping cart. By clicking the "order with obligation to pay" button, the buyer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the buyer can always change and review the data. Accepting these GTC is a prerequisite for submitting and transmitting the request.
2.2 Order Confirmation and Conclusion of Contract
Upon receipt of the order, we will send the buyer an automatic acknowledgment of receipt by email, which lists the order again. This serves only as documentation of the receipt of the order and does not constitute acceptance of the request. The contract between the buyer and us is only concluded when we accept the order by a separate email or send the goods for shipment. The contract text is stored while maintaining data protection, and the conclusion of the contract is conducted in German.
2.3 Presentation of Goods
The presentation of goods in our online shop does not constitute a legally binding contract offer but is merely a non-binding invitation to the consumer to order goods. By ordering, the consumer submits a binding offer to conclude a purchase contract.
2.4 Age Restriction
Using our website and placing an order confirm that the consumer is at least 18 years old.
2.5 Contract Partner
In the event of the conclusion of the contract, the contract is concluded with:
Madame Bloom GmbH
Siegfriedstr. 1
D-40549 Düsseldorf
2.6 Privacy
The contract text is stored while maintaining data protection.
3. Right of Withdrawal
3.1 Withdrawal Period and Declaration 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 by providing a clear statement of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, you must send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Contact details for withdrawal:
Madame Bloom GmbH
Siegfriedstr. 1
D-40549 Düsseldorf
You can inform us of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email).
Withdrawal Form
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
________________________________________________________
________________________________________________________
________________________________________________________
Order number: _______________________________________________
Ordered on (*)/received on (*): _______________________________________________
Name of the consumer(s): _________________________________________________
Address of the consumer(s): _______________________________________________
________________________________________
Signature of the consumer(s) (only required for paper communication)
3.2 Effects of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs, without undue delay and at the latest within fourteen days from the day on which we received the notice of your withdrawal 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. 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 will bear the direct cost of returning the goods.
3.3 Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are liable to deteriorate or expire rapidly. Furthermore, the right of withdrawal expires prematurely for sealed goods if the seal was removed after delivery and the goods are not suitable for return due to health protection or hygiene reasons.
3.4 General Notes
Please note that damaged or contaminated goods cannot be returned. Please send the goods back in the original packaging with all accessories and all packaging components. Use protective outer packaging if necessary. Please do not send the goods back at our expense.
- End of the withdrawal instructions -
4. Delivery and Shipping Costs
4.1 Within Germany
The domestic shipping and packaging fee is up to a value of EUR 50.00 (including the applicable VAT) with standard shipping EUR 6.95 to a delivery address, provided that the goods can be transported with a parcel service. For goods valued at EUR 50.00 or more, domestic delivery is free of charge.
4.2 Abroad
The costs for shipping and packaging abroad are available upon request.
5. Payment options
5.1 Payment methods
We offer the following payment methods: prepayment and PayPal. When paying in advance, payment must be made in advance to the account specified in the ordering process. Please provide your order number as the intended purpose so that we can classify your payment. The product will be shipped once the money has been received.
6. Price information
6.1 Sales prices
Our prices are stated in EURO. Unless expressly stated otherwise, the prices included in our offers include statutory VAT of 7% or 19% and normal packaging costs. Shipping costs are based on Section 4 of these general terms and conditions.
7. Liability
7.1 Limitation of Liability for Consumers
If the buyer is an end consumer, the Madame Fagini Shop is only liable for a slightly negligent breach of duty for the foreseeable, contract-typical and direct average damage depending on the type of goods.
7.2 Disclaimer of liability for entrepreneurs
For entrepreneurs, claims for damages are excluded regardless of the type of breach of duty, including unlawful acts, unless there is intentional or grossly negligent action.
8. Warranty
8.1 Obligation to inspect and report defects
The buyer is obliged to check the delivered goods for defects in their quality upon receipt. Warranty claims due to obvious defects are excluded unless these are reported in writing within two weeks of receipt of the goods. Sending the notice of defects to the above address in a timely manner is sufficient to meet the deadline.
8.2 Perishable goods
Complaints regarding perishable goods must be reported immediately after the defects are discovered in order to enable quick and uncomplicated processing.
8.3 Subsequent performance and warranty
If the item delivered does not have the agreed quality or is not suitable for the contractually stipulated or general use, our shop will generally provide supplementary performance by delivering a defect-free product. If two subsequent fulfillments are unsuccessful, the buyer has the choice to reduce the purchase price appropriately (reduction) or to withdraw from the contract (withdrawal).