Terms & Conditions
GENERAL TERMS AND CONDITIONS LOULOU DES INDES WEBSHOP
Loulou des indes is a property of Wandering Clouds UG (haftungsbeschränkt)
Amtsgericht Charlottenburg HRB 162636
- APPLICATION OF THE TERMS AND CONDITIONS
The following General Terms and Conditions shall exclusively apply including where the Loulou des indes webshop is accessed and orders placed from outside of the Federal Republic of Germany. Differing General Terms and Conditions of the customer will not become an integral part of the agreement even without an express objection by Wandering Clouds UG and even in the event of delivery by us.
- OFFER, ORDER CONFIRMATION, SELECTION OF GOODS, STORAGE OF THE ORDER TEXT
2.1 Any offering in the Loulou des indes webshop represents a non-binding invitation to order goods. By ordering, which is performed by clicking the “Buy” button, the customer will submit a binding offer to enter into a purchase agreement. The order confirmation that is sent automatically by WANDERING CLOUDS UG after the dispatch of the order serves only to document that the customer’s order has been received by WANDERING CLOUDS UG, but does not represent acceptance of the customer’s offer. A contract is deemed only to have been concluded after WANDERING CLOUDS UG has issued a declaration of acceptance, which is sent in a further separate email (order confirmation or shipping confirmation), at the latest, however, by the dispatch of the order.
2.2 The customer shall exclusively be responsible for the selection of the ordered goods.
2.3 The order text will not be saved by WANDERING CLOUDS UG and can no longer be retrieved after completion of the order process. The ordering process information will be transmitted to the customer again with the email confirmation of the order, allowing the customer to print out the order data immediately after submission of the order.
- DELIVERY TIMES, WITHDRAWAL, DAMAGE CAUSED BY DELAY, PARTIAL DELIVERIES
3.1 The goods will be delivered in 3 to 5 business days within Germany and within 5 to 10 business days in other European countries. Deliveries outside Europe might take longer.
3.2 Delivery is performed by sending the product to an address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. If additional delivery costs are incurred as a result of incorrect delivery of address data, the customer is obliged to refund these towards WANDERING CLOUDS UG. The customer will be obligated to ensure that delivery of the ordered goods to the stated address is possible during regular business and delivery hours.
3.3 Delivery times can only be observed if the customer has complied with his or her obligations (for example, advance payment, complete and accurate delivery address, etc.).
3.4 Even in case of agreed periods and deadlines, WANDERING CLOUDS UG shall not be responsible for delivery and service delays as a result of force majeure. Force majeure shall be deemed to be war, riot, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at the subcontractors of WANDERING CLOUDS UG or where WANDERING CLOUDS UG is not supplied by the subcontractors despite appropriate contracts that would have covered the requirement incurred by the agreement with the customer. In such event, WANDERING CLOUDS UG shall be entitled to postpone the delivery or service by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled.
3.5 WANDERING CLOUDS UG shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer.
- PRICES AND SHIPPING COSTS
4.1 All prices include the statutory value-added tax.
4.2 Customs duties and fees for deliveries for deliveries outside of the EU shall be borne by the customer. Delivery Fees depend on the country to be delivered and will be shown during the order process.
- PAYMENTS, OFFSETTING, RETENTION
Payment for products ordered from WANDERING CLOUDS UG is to be made by PayPal. In case Customers do not have a PayPal account at his/her disposal, please contact WANDERING CLOUDS UG at firstname.lastname@example.org
- RESERVATION OF TITLE
The goods shall remain the property of WANDERING CLOUDS UG until they have been paid for in full. Prior to the transfer of ownership, no further sale, rental, pledging, assignment as security, processing, or reconfiguration is permitted without the express consent of WANDERING CLOUDS UG.
WANDERING CLOUDS shall assume liability pursuant to the statutory regulations.
- RIGHT OF CANCELLATION
If the customer is a natural person who enters into a legal transaction for a purpose that can neither be attributed to commercial nor to independent professional activity (consumer), the customer is entitled to the right of cancellation according to § 312g in conjunction with § 355 of the German Civil Code.
RIGHT OF CANCELATION
You have the right to cancel this agreement within fourteen days without giving any reasons. The cancellation period is fourteen days from the date on which the goods are or have been taken into possession by you or a third party named by you who is not the carrier. In the case of a contract for various goods that you have ordered with a single order and which are delivered separately, the cancellation period is fourteen days from the date on which the last of the goods is or has been taken into possession by you or a third party named by you who is not the carrier.
To exercise your right of cancellation, you must inform us (WANDERING CLOUDS UG, Schonensche Str. 38, 13189 Berlin, Germany) by means of a clear statement (e.g. with a letter sent by post or email) of your decision to cancel this agreement. The timely dispatch of the notice of cancellation, i.e. before the cancellation deadline, shall be deemed sufficient for compliance with the cancellation deadline.
CONSEQUENCES OF CANCELLATION
In the event of the cancellation of this agreement, all payments that we have received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen a form of delivery other than the standard and lowest cost form of delivery that is offered by us), must be repaid immediately at the latest within fourteen days from the date on which the notice is received of your cancellation of this agreement with us. For this repayment, we use the same method of payment that you used for the initial transaction, unless you explicitly agreed otherwise; in no case you will be charged any fees for this repayment. We may withhold the repayment until we have received the goods.
You must return or transfer the goods promptly, and in any event not later than fourteen days from the date on which you notify us of your cancellation of this agreement, to WANDERING CLOUDS UG Schonensche Str. 38, 13189 Berlin, Germany. The deadline shall be deemed to have been met if you dispatch the goods before the expiry of the period of fourteen days. You will bear the direct costs of the return of the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to ascertain the nature and functioning of the goods.
END OF CANCELATION NOTICE
For returns after the exercising of a right of cancellation or as a result of defects, the customer is requested to proceed as follows:
- Please send your return enquiry including a description of the reason for return, which we WANDERING CLOUDS kindly asks for, to email@example.com. The product must be packaged in the original packaging (this shall only apply in case of cancellation in due time), the original shipping packageing or similar damage resistant packaging, so that the original packaging of the product is not damaged. All of the product parts must be included. The package may be returned from any post office branch to this given recipient address: WANDERING CLOUDS UG | Schonensche Str. 38 | 13189 Berlin, Germany.
- ORDERING PROCESS
You can view products in our webshop by clicking on them. If you would like to order one or more of the selected products, then click on “Add to basket”. The products that you have selected are displayed by clicking once on the basket symbol. You then have the option to continue shopping and to place further items in your shopping basket. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “Checkout”. You will then be guided through our ordering process. In order to proceed, you can register as a customer, log in with an existing customer account or continue without registration. Following this step, the payment method has to be chosen. Before you place your binding order, we will display the information about the selected goods, the unit price, shipping costs, the total price, as well as the chosen method of payment.
You can correct input errors that arise during the order process at any time.
- Data Protection
- LANGUAGE OF THE AGREEMENT, APPLICABLE LAW AND PLACE OF JURISDICTION
12.1 ny and all disputes arising from the legal relationship existing between the customer and WANDERING CLOUDS UG shall be subject to the laws of the Federal Republic of Germany. For consumers, this choice of law applies only insofar as the protection granted is not withdrawn on the basis of mandatory provisions of the law of the State in which the consumer has his or her habitual place of residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
12.2 The European Commission is providing a platform for online dispute resolution (ODR), you can find it under the link to the platform of the European Commission. WANDERING CLOUDS is not obliged nor ready to participate in such dispute resolution procedure before a consumer out-of-court body.
12.3 Where a private end consumer is not resident within the European Union, the place of jurisdiction shall be the place of our registered office.
Last updated January 2017 WANDERING CLOUDS UG