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General Terms and Conditions (GTC)

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Galina Kanunnikova, trading under "FÉMINITÉ Fatale Mode" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2. Conclusion of contract

2.1  The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve as an invitation for the customer to submit a binding offer.

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2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer for the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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2.3

The seller may accept the customer’s offer within five days

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or

  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

  • by requesting payment from the customer after the order has been placed.

If several of the above alternatives apply, the contract is concluded at the time when the first of these alternatives occurs.
The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer.
If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

 

2.4   When a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the terms of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

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2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the order has been placed. No further access to the contract text will be provided by the seller.

If the customer has created a user account in the seller’s online shop before submitting the order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login details.

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2.6 Before the binding submission of the order via the seller’s online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical aid for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions as long as they have not clicked the button that completes the order process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3. Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4. Prices and payment terms

4.1 Unless otherwise stated in the product description provided by the seller, the prices indicated are total prices. No VAT is charged, as the seller is exempt from VAT as a small business under applicable tax regulations. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The available payment method(s) will be communicated to the customer in the seller's online shop.

4.3 If a payment method offered via the payment service “PayPal” is selected, payment processing will be carried out via PayPal, which may also use the services of third-party payment providers. If the seller offers payment methods via PayPal in which the seller makes an advance payment to the customer (e.g., purchase on account or installment payment), the seller assigns their payment claim to PayPal or to a payment service provider commissioned by PayPal and explicitly named to the customer. Before accepting the seller's assignment declaration, PayPal or the designated payment service provider will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment term or at the agreed payment intervals. In this case, the customer can only make a debt-discharging payment to PayPal or to the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations and sending of cancellations, or credit notes, even in the event of an assignment of the claim.

4.4 If the payment method "SOFORT" is selected, payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT,” the customer must have an online banking account activated for participation in “SOFORT,” authenticate themselves during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction will then be executed immediately by “SOFORT” and the customer's bank account will be debited. Further information about the "SOFORT" payment method is available at https://www.klarna.com/sofort/.

4.5 If a payment method offered via the payment service "mollie" is selected, the payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “mollie”). The individual payment methods offered through mollie will be communicated to the customer in the seller’s online shop. Mollie may use additional payment services to process payments, which may be subject to special payment conditions. The customer will be informed separately if this is the case. Further information about "mollie" can be found at https://www.mollie.com/de/.

4.6 If a payment method offered via the payment service “Stripe” is selected, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered via Stripe will be communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, which may be subject to special payment terms. The customer will be informed separately if this is the case. Further information about Stripe is available at https://stripe.com/de.

4.7 If a payment method offered via the payment service “Wix Payments” is selected, payment will be processed by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter “Wix”). The specific payment methods offered through Wix will be communicated to the customer in the seller’s online shop. Wix may use additional payment services to process payments, which may be subject to special payment terms. The customer will be informed separately if this is the case. Further information about Wix Payments is available at https://de.wix.com/payments.

4.8 When selecting the credit card payment method via Stripe, the invoice amount becomes due immediately upon conclusion of the contract. Payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and may reject this payment method if the credit check is negative.

5. Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified during the seller’s order processing is decisive for the transaction. However, if the payment method PayPal is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs for the initial delivery if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set out in the seller’s cancellation policy shall apply if the customer effectively exercises the right of withdrawal.

5.3 If the customer is acting as a business, the risk of accidental loss or accidental deterioration of the sold goods transfers to the customer as soon as the seller hands over the goods to the carrier, freight forwarder, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or a person authorized to receive them. By way of exception, the risk passes to the customer—even if they are a consumer—once the seller has handed over the goods to the carrier, freight forwarder, or other shipping agent commissioned by the customer, provided the seller had not previously named this agent to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the seller is not responsible for the non-delivery and has concluded a concrete covering transaction with the supplier with due care. The seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed without delay and any consideration already paid will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

Please refer to our shipping policy.

6. Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7. Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the customer is acting as a business:

  • the seller has the right to choose the type of subsequent performance;

  • for new goods, the limitation period for defect claims is one year from delivery of the goods;

  • for used goods, defect claims are excluded;

  • the limitation period does not restart if a replacement delivery is made as part of liability for defects.

7.2 If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: the limitation period for defect claims is one year from the delivery of the goods, provided this was expressly and separately agreed between the parties and the customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

7.3 The above limitations of liability and shortening of limitation periods do not apply:

  • to claims for damages and reimbursement of expenses by the customer,

  • in cases where the seller has fraudulently concealed the defect.

7.4 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.5 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), they are subject to the commercial obligation to examine and report defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the customer is acting as a consumer, they are requested to report any obvious transport damage to the delivery agent and inform the seller. Failure to do so has no effect on the customer's statutory or contractual defect claims.

8. Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

- in case of intent or gross negligence,

- in the event of intentional or negligent injury to life, body or health,

- based on a guarantee promise, unless otherwise agreed,

- due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10. Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

11. Legal information on trademark and copyright protection

The name "FÉMINITÉ Fatale," the associated logo, and all other graphic designs, slogans, product names, design elements, and content of this website are legally protected. Further information on copyright protection can be found in the seller's copyright policy .

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