AGB’s

Contractual conditions in the context of purchase contracts concluded via the platform
https://avoure-couture.com/

between

Avoure Couture
Violeta Seemann GmbH
Grethenweg 88
60598 Frankfurt am Main

Mobile: +49 160/ 93095952
E-mail: info@violeta-seemann.de
https://avoure-couture.com
VAT number DE362250811

The place of jurisdiction is Frankfurt Local Court
Mobile: 0151 41932886
e-mail contact: info@avoure-couture.com

– hereinafter referred to as “Provider” –

and

the users of this platform designated in § 2 of these GTC – hereinafter referred to as “Customer/Customers”.

  • 1 Scope of application

The business relationship between the supplier and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

  • 2 Conclusion of contract

(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “add to cart” button. By clicking on the “Order with obligation to pay” button, the customer submits a binding request to purchase the goods in the shopping cart. The customer can change and view the data at any time before submitting the order.

(2) The Vendor shall then send the Customer an automatic confirmation of receipt with the subject “Confirmation of your order with Avoure Couture” by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in the following languages: German.

  • 3 Delivery, availability of goods, terms of payment

(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he shall reimburse any payments already made by the customer without delay.

(3) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Switzerland, Austria, France, Italy, Lithuania, United Kingdom

(4) The customer can pay by bank transfer and PayPal.

(5) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

  • 4 Prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal.

(3) In the event of revocation, the customer shall bear the direct costs of the return shipment.

  • 5 Warranty for material defects
  • The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
  • 6 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer’s claims for damages are based on injury to life, limb or health.

(3) The restrictions of para. 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

  • 7 Notes on data processing

(1) The provider collects customer data as part of the processing of contracts. In particular, it observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer’s consent, the provider shall not use the customer’s data for the purposes of advertising, market or opinion research.

  • 8 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.