TERMS AND CONDITIONS FOR THE ONLINE SHOP OF NEOSPIRITUAL SELFCARE WEAR
1. SCOPE
These terms and conditions (T&Cs) apply to all orders placed by consumers (§ 13 BGB) via the online shop of Neospiritual Selfcare Wear (hereinafter “we”), owned by Charlotte Schuchard, through the website http://www.neospiritual.de.
Consumers, as per these T&Cs, are natural persons (hereinafter “you”) who enter into a legal transaction for purposes that cannot be attributed to either their commercial or independent professional activities.
These T&Cs apply to deliveries within Europe.
Subject to individual agreements and arrangements that take precedence over these T&Cs, the following terms and conditions exclusively apply to the business relationship between you and us. Unless otherwise agreed, the inclusion of your own terms and conditions is rejected.
2. CONTRACT PARTNER, CONCLUSION OF CONTRACT
The purchase contract is concluded with Charlotte Schuchard, NEO Selfcare Wear, Bellealliancestraße 6, 20259 Hamburg or post office ??.
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order. Errors are reserved.
By clicking the “Buy Now” button, you make a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order is sent along with the acceptance of the order immediately after sending by an automated email. With this email confirmation, the purchase contract is concluded.
Should the purchased goods not be deliverable, we reserve the right to cancel the contract within 2 days. In this case, we are obliged to inform you immediately and refund the amount you have already paid within 14 days.
3. CONTRACT OBJECT, CONDITION, DELIVERY, GOODS AVAILABILITY
The object of the contract is the goods and services specified by you in the context of the order and mentioned in the order and/or order confirmation at the final prices stated in the online shop. Errors and omissions are reserved, especially regarding the availability of goods.
The condition of the ordered goods results from the product descriptions in the online shop. Images on the website may not accurately represent the products; especially colors may vary significantly for technical reasons. Images serve merely as illustrative material and may differ from the product. Technical data, weight, dimensions, and performance descriptions are given as precisely as possible but may exhibit the usual deviations. The properties described here do not constitute defects of the products delivered by the seller.
If, at the time of your order, no copies of the selected product are available, we will inform you in the order confirmation. If the product is permanently not available, we will refrain from issuing an acceptance declaration. In this case, no contract will be concluded.
If the product specified by you in the order is only temporarily unavailable, we will also inform you immediately in the order confirmation. For a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case, we are also entitled to withdraw from the contract. In doing so, we will refund any payments you have already made immediately.
4. PRICES AND SHIPPING COSTS
The prices listed on the product pages include statutory VAT and other price components.
In addition to the stated prices, we charge for delivery. The shipping costs will be clearly communicated to you on the product pages, in the shopping cart system, and on the order page.
5. PAYMENT
Payment is made either in advance, by credit card, PayPal, or other payment methods offered in the online shop.
When selecting the advance payment option, we will provide you with our bank details in the order confirmation. Payment is due immediately upon conclusion of the contract unless a later date has been agreed upon. Delivery will occur after payment is received.
For deliveries to countries outside the European Union, additional costs may arise in individual cases, which we are not responsible for and which you must bear. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise regarding the money transfer if the delivery is not made to a country outside the European Union but you make the payment from a country outside the European Union.
When selecting a payment method offered via the “PayPal” payment service, the payment transaction will be processed via PayPal, which may use the services of third-party payment service providers. If we also offer payment methods via PayPal where we advance payment (e.g., invoice or installment purchase), we assign our payment claim to PayPal or the third-party payment service provider named to you by PayPal. Before accepting the seller’s declaration of assignment, PayPal or the third-party payment service provider conducts a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in case of a negative check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or intervals. You can only pay to PayPal or the third-party payment service provider with debt-discharging effect. However, we remain responsible for general customer inquiries, such as those regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations, and returns or credits, even in the event of a claim assignment.
6. DELIVERY CONDITIONS AND SELF-DELIVERY RESERVATION
Delivery is made within Europe.
The delivery time is approximately 12 working days unless otherwise specified.
Once the delivery of the purchased goods has been made, you will be notified by email and receive the relevant tracking number.
If the delivery of the goods fails due to your fault despite two delivery attempts, we may withdraw from the contract. Payments made will then be refunded only by 50%.
If the ordered product is not available because we have not been supplied with this product by our supplier without our fault, we may withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest the delivery of a comparable product.
If the seller offers the shipment of the goods, delivery is made within the delivery area specified by the seller to the delivery address provided by you, unless otherwise agreed. The delivery address provided by you in the seller’s order processing is decisive for the transaction.
7. RETENTION OF TITLE
The goods remain our property until full payment is made.
8. RIGHT OF WITHDRAWAL
Consumers have a fourteen-day right of withdrawal.
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for their production an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
WITHDRAWAL INSTRUCTION
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs arising if you chose a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used in the original transaction unless explicitly agreed otherwise with you; in no case will you be charged fees for this repayment.
9. TRANSPORT DAMAGE
If goods are delivered with obvious transport damage, please immediately report such defects to the deliverer and contact us as soon as possible. In this case, you are obliged to document the damage.
Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, particularly your warranty rights. However, you help us assert our claims against the carrier or transport insurance.
10. WARRANTY AND GUARANTEES
The statutory defect liability law applies.
Guarantee Period: The purchased goods have a guarantee of six months from the date of delivery. Within this period, we will rectify defects demonstrably caused by material or manufacturing errors at our discretion by repair or replacement. The guarantee does not restart in case of repair.
Warranty Claims: You are obliged to notify us in writing of obvious defects within two weeks of receiving the goods. If you fail to do so, warranty claims for these obvious defects expire.
Exclusion of Warranties: Excluded from the warranty are damages caused by improper use, lack of or incorrect care, normal wear and tear, or improper repairs by you or third parties.
Procedure in Case of Defects: In the event of a defect, you are obliged to return the complained goods to us at our expense. After examining the defect, we will decide on the repair or replacement of the goods. In the case of justified defect complaints, we will bear the return shipping costs as well as the costs of reshipment.
Legal Warranty Claims: Your statutory warranty rights are not restricted by this guarantee. You have the right to demand rescission of the purchase contract or a reduction in the purchase price at your discretion in the event of the failure of subsequent performance.
Guarantee Conditions: The guarantee is only valid for the original purchasers of the goods and is not transferable to third parties. Warranty claims require that the goods have been used according to the care instructions.
11. LIABILITY
We are always liable for claims due to damages caused by us, our legal representatives, or agents.
Statutory provisions apply.
12. DISPUTE RESOLUTION
The EU Commission provides an online dispute resolution platform, which you can access at https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
13. FINAL PROVISIONS
The contract language is German.
Should one or more provisions of these T&Cs be invalid, the validity of the remaining provisions will not be affected.
Contracts between us and you are exclusively governed by German law. The application of the UN Sales Law is excluded.
If you are 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 you and the seller is the seller’s registered office. This also applies if you have no general place of jurisdiction in Germany or the EU, or if your residence or usual place of residence is not known at the time the action is filed.
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