TERMS AND CONDITIONS
The following general terms & conditions also contain the legally required information on your rights as per the German laws on contractual agreements involving distance selling and electronic commercial transactions.
These general terms & conditions (GTC) apply to all agreements between Alua Liulé (Alessandra Cioni) and consumers (§ 13 German Civil Code (BGB)) that are concluded via our online shop. A consumer is regarded as a natural person who has concluded a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance job.
§2 Parties to the Agreement
The purchase agreement has been made with Alessandra Cioni as owner of Alua Liulé.
You will find additional information on us in the Imprint.
§3 Execution of Sale and Purchase Agreement
(1) The representation of products in the online shop does not represent a binding offer; instead it represents a non-binding online catalog.
(2) Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation.
(3) By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products and declare to have fully accepted the General Conditions and to have read all additional information available in the online shop, including information accessible through links.
(4) The Orders will be recorded in the online shop's database.
§4 Prices and shipping costs
(1) The Price is in € (euros). The applicable Price is the one published in the online shop at the time the Orders are placed by the Customers.
(2) The prices listed on the product pages included the legal valued added tax and other price components and will be indicated separately in the invoice.
(3) The Price does not include shipping costs. For shipping costs, please see the notes on shipping costs in our online shop.
(4) In compliance with the law, the products are shipped at our risk. If the purchaser is a company, the transport risk is transferred to the purchaser as soon as the products are consigned to the carrier.
(5) The value added tax applicable in the Federal Republic of Germany applies to shipments to European Union (EU) member countries. For orders from outside the EU, we subtract the portion of German value added tax from the list price. But you will be liable for the import tax your country’s Customs Office typically charges. We are not able to give out information on the collection of import taxes. We will print the declaration of the country of origin on your invoice.
(6) Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.
§5 Methods of payment
(1) The Customers may pay the Price (and the part of the shipping costs requested by Alessandra Cioni) via Prepayment or PayPal. Alessandra Cioni has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by Alessandra Cioni in the online shop at the time the Orders are placed by the Customers.
(2) If payment of the Price is made by prepayment, Alessandra Cioni will include the bank account information in the confirmation of order and ship the products after the prepayment has been credited to the bank account.
(3) If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal's safe Web site. On such Web site, the Customers will be able to complete the payment of the Price (and the part of the shipping costs) using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price (and the part of the shipping costs) shall be charged on Customers' PayPal account upon the Confirmation Order.
(4) If requested by the Customers upon placing the Orders, Alessandra Cioni shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be possible after the invoices have been issued.
§6 Shipping and delivery of the Products
(1) Being understood that "shipping" of Products means the delivery of the latter to the couriers selected by Alessandra Cioni, which will be DHL or Deutsch Post.
(2) Alessandra Cioni guarantees the shipment of the Products worldwide by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped and delivered by the courier selected by Alessandra Cioni, at the address indicated by the Customers or at a different address specified at the time the Order is placed.
(3) As a rule, we deliver within 3-5 business days after receipt of payment. But please remember that our products are not mass produced. If it looks like the delivery time will deviate from the rule in your individual case, we will inform you of this in the email containing the confirmation of order.
(4) The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that the Products correspond to the content of the courier's delivery slip (DDT) both as regards to the quantity and type and to check that the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
(5) Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing "control reserve" to be written on the courier's slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
(6) The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery.
§7 Right of withdrawal
(1) Costumers have a right under the following conditions to which costumer is any natural person who enters into a legal transaction for a purpose that can not be attributed neither commercial nor their independent vocational activity.
(2) Customers may cancel the contract within 14 days without statement of reasons in text form (e.g. letter, fax, email) or through return of the products. The time limit begins after receipt of this instruction in text form, however not before receipt of the products by the recipient and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. Notices of withdrawal are to be addressed to:
Alua Liulé - Alessandra Cioni
14059 Berlin Charlottenburg
(3) In case of a valid withdrawal, all Products received on both sides as well as any benefits derived (e.g. interest) have to be returned. You are only liable to pay compensation for lost value for the deterioration of the item and for benefits derived as far as the benefits or deterioration are attributable to the handling of the item that exceeds the testing of features and functions. ”Testing of features and functions“ means testing and trying out the respective item as commonly possible and performed in retail business. Items which can be sent by parcel post have to be resent at our risk. You are obliged to bear the regular costs of return shipment if the delivered goods correspond with the order and the price of the item to be returned does not exceed an amount of € 40, or in case of higher-priced items, if you have not executed the consideration or effected a contractually agreed partial payment at the time of withdrawal. In any other case your return shipment is free of charge. Items which cannot be sent by parcel post will be collected at your place. Refund obligations must be fulfilled within a period of 30 days. The term begins for you with dispatching your declaration of withdrawal or the item, and for us with the receipt.
(4) Should the Customers not exercise the right to withdraw in accordance with terms and conditions, the Customers shall have no right to reimbursement of the Price.
§8 Return Shipment Costs when Exercising Right of Withdrawal
If a customer has a right of withdrawal, he or she shall pay the regular costs of return shipment when exercising the right of withdrawal if the products delivered are the products ordered and if the price of the products to be returned is not more than €40 or if the price of the subject of purchase is more than €40 and the customer had not given consideration or made a contractually agreed partial payment at the time of withdrawal. In all other cases, this online shop will bear the cost of return shipment.
§9 Language of the Agreement
German, English and Italian are the languages in which a purchase agreement can be concluded.
(1) If the customer is a merchant in the sense of the German Commercial Code (HGB), he must inform us of defects (make a complaint) immediately or within a week of receipt of the products at the latest. Upon detection of defects that could not be detected within this period despite careful inspection, he must immediately inform us in writing.
(2) If you have received products with obvious material or manufacturing defects, including transport damage, please describe the defects in writing and send the list to us or an employees of the carrier that shipped the products immediately. However, if you do not submit this complaint immediately, it will not effect your legal rights. For all defects present in the subject of purchase that become apparent within the legal period of warranty, you have the choice of the legal rights of subsequent performance, remedy of defects/replacement delivery and – if the legal requirements have been fulfilled – more substantial claims to price reduction or withdrawal from the contract, and in addition, to compensation, including compensation for damage in lieu of performance and compensation for your wasted expenditure.
§11 Applicable law
Our offer is subject to change without notice and applies only within the Federal Republic of Germany. Because our products are not mass produced, the product(s) you receive may deviate slightly from the depiction and specifications published in our online shop. In order to process your order, we will save your address and all order-related data. Of course we are obligated to protect the complete privacy of your personal data according to the rules of the German Federal Data Protection Act (BDSG). In addition, we promise not to forward your address data to third parties.
All of the purchase agreements concluded with us, including those with an international dimension, meaning orders from and/or shipments to foreign countries, are subject to German law.
Insofar as both parties to the agreement are fully qualified merchants, the court of jurisdiction is Berlin District Court.
For further information and assistance on the online shop and/or on the methods of purchase and/or on the Sale and Purchase Agreements, the Customers may contact Alessandra Cioni through firstname.lastname@example.org or by letter at the following address:
Alua Liulé - Alessandra Cioni
14059 Berlin Charlottenburg