General Terms and Conditions of Business (GTC)
1. Scope of Application
Any and all services of the online-shop “Queen of Darkness” shall be rendered exclusively on the basis of these General Terms and Conditions of Business.
2. Conclusion of Contract
The presentation of goods in our online shop shall not be a binding offer to the customer, but shall merely constitute an online catalogue. By sending off the purchase order, you place a binding offer with us to enter into a purchase agreement regarding the goods contained in the purchase order upon the terms and conditions transmitted together with the purchase order. Purchase orders made via phone, fax, or the internet shall be equally legally valid. We will confirm receipt of the purchase order by means of an acknowledgment of receipt. Such acknowledgment of receipt shall not constitute acceptance of the purchase order. The agreement shall become effective upon receipt of the goods through your acceptance.
3. Right of Withdrawal for Consumers
You have the right to withdrawal this contract without stating any reasons within 14 days.
The withdrawal period is 14 days, from the date, when you or someone you named third party, who is not the carrier, received the goods.
To perform your right of withdrawal, you need to inform us (gustum GmbH & Co KG, Ludwig-Hupfeld-Str. 16, 04178 Leipzig |Phone: +49341-44290960 |Fax: +49341-442909666 | E-Mail: firstname.lastname@example.org) and give a definite explanation (for example: a letter sent by post, fax or email) about your decision to withdrawal this contract. Therefor you can use the attached example withdrawal form, which is optional.
In order to ensure the withdrawal period, it’s sufficient to send the notification of exercise the right of withdrawal before expiration of the withdrawal period.
Effects of Withdrawal
If you withdrawal this contract, we shall refund all payments, which we received from you, including delivery costs (with the exception of the additional costs, which results in that you chose another kind of delivery service instead of our standard service) immediately and within 14 days, from the date where we received your notification of withdrawal.
For this refund, we shall use the same payment method as in the original transaction, unless something else has been expressly agreed with you.
You will not get charged for any refund fees.
We can refuse the refund until we received the goods or until you prove that you sent the goods, depending on which date occurs earlier.
You shall return the goods to us (gustum GmbH & Co KG, Ludwig-Hupfeld-Str. 16, 04178 Leipzig, Germany) immediately or in any case within 14 days, from the date where we received your notification of withdrawal. The period is ensured, if you send the goods before expiration in the period of 14 days.
You pay the direct costs of returning the goods.
You only need to pay for a possible loss of value of the goods, if we can prove by a check of condition, quality and functionality of the goods, that the loss of value is due to an unnecessary handling of the goods by you.
Example Withdrawal Form
If you want to withdrawal the contract, please fill in the form and send it back to us.
gustum GmbH & Co KG
"Queen of Darkness Fashion"
04178 Leipzig, Germany
Fax: +49341-442909666 | E-Mail: email@example.com
I/we (*) withdrawal hereby the contract signed by me/us (*) for the purchase of the following goods (*)
Purchased on (*) / received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) [Only for notification on paper]
(*) Please delete where inapplicable
4. Data Privacy Notice
We hereby inform you pursuant to the German Teleservices Act [Telemediengesetz] that we will collect, process and use personal data to the extent necessary in order to conclude, set forth the contents of, or modify the purchase agreement (purchase transaction) by means of electronic data processing (EDP). Other than that, we will of course not transmit your data to any third party! For information or advice, please contact us as stated in the Information on the Host of this Internet Website or, as the case may be, in the Imprint.
5. Limitation of Liability
With the exception of damage caused by death, bodily injury or harm to health, Queen of Darkness shall be liable for any damage only to the extent that such damage is caused by wilful misconduct or gross negligence or culpable violation of a material contractual obligation by Queen of Darkness or any of its vicarious agents. Any further liability for damages shall be excluded. The provisions of the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
The statutory warranty shall apply.
7. Reservation of Title
In the event of contracts with consumers, we shall reserve title to the goods until full and complete payment of the purchase price.
In the event of contracts with entrepreneurs, we shall reserve title to the goods until full and complete settlement of all claims under the ongoing business relationship.
8. Prices, Shipment Costs and Payment Terms
All stated prices shall include the statutory value added tax. All prices shall be ex warehouse, including packaging, plus any incurring shipment costs. For a statement of the individual incurring shipment costs, please see the Delivery Terms. Delivery shall be made exclusively against advance payment (advance bank transfer or credit card) or upon cash on delivery.
9. Protection of Intellectual Property
The texts, images, graphics, as well as their structure on our homepage are protected by copyright law and other protective laws. The content of this website may not be copied, distributed, modified or made accessible to any third party. Some images contained on the website are subject to the copyright of third parties. Except as stated otherwise, all trademarks are protected under trademark law. No license to use the intellectual property shall be granted by us or any third party through our homepage.
10. Place of Jurisdiction and Place of Performance
Any and all disputes arising under this legal relationship shall be subject to the laws of the Federal Republic of Germany. The application of the CISG shall be excluded. Place of jurisdiction and place of performance for any and all disputes arising under the contractual relationship, including proceedings restricted to documentary evidence [Urkundsprozess], shall be the registered office of Queen of Darkness, if the customer is a merchant within the meaning of the HGB [German Commercial Code] or has no place of general jurisdiction within Germany.
Alternative Dispute Resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an Online Dispute Resolution (OS) platform, available at www.ec.europa.eu/consumers/odr. Consumers have also the opportunity to manage the settlement of their disputes at the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V. ("General Public Dispute Resolution Center") | Straßburger Str. 8 | 77694 Kehl | Germany | www.verbraucher-schlichter.de. We are obliged to participate in dispute resolution procedures. We will participate in such a procedure.