Amber&Muse

GTC

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General Terms and Conditions (GTC)

(The following GTC also contain statutory information on your rights as a consumer under the provisions on distance contracts and electronic commerce).

  1. Scope of application
  2. Establishment of the contractual relationship
  3. Delivery and Performance
  4. Payment
  5. Prices and shipping costs
  6. Cancellation policy
  7. Return of goods
  8. Customer data, change of data
  9. Warranty and Guarantee
  10. Liability
  11. Data protection & advertising
  12. Severability clause
  13. Conclusion of deviating agreements

GTC FOR ALL SERVICES

  1. Scope of application

The following general terms and conditions apply to legal transactions between Amber & Muse HOCHZEITSGUIDE (Sarah Linow, Wilhelmshavener Str. 33, D – 10551 Berlin), hereinafter referred to as the provider, and the customer.

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.

In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

Deviating general terms and conditions of the customer shall not apply, even if they have not been explicitly objected to. These GTC shall apply to all future transactions, even without further express agreement.

The contractual language is German.

1.1 Formal requirement

Unless otherwise stipulated in these GTC, the written form requirement shall apply to declarations and notifications by the parties. For the requirement of written form, the form of an e-mail to the e-mail address info@amberandmuse.com is also sufficient, unless otherwise specified in detail.

1.2 Applicable law, place of jurisdiction, place of fulfilment

These GTC and the contracts to be concluded including these GTC are subject to German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The parties agree to the exclusive jurisdiction of the competent court in Berlin. The place of fulfillment for performance and payment is Berlin.

The General Terms and Conditions apply in the version valid at the time the contract is concluded.

  1. Establishment of the contractual relationship

2.1 Ordering process

The presentation of the products on the Internet represents a non-binding invitation to the customer to submit an offer to purchase a product. The products can be selected from the provider’s range using the product descriptions in the online store and collected in a shopping cart using the “Add to cart” button. The main features of the products and their prices can be found in the respective product information. The “Buy now” button in the last step of the ordering process is used to submit a binding application (offer to conclude a purchase contract) to purchase the products in the shopping cart. Before submitting the order, it is possible to check the entries at any time, recognize errors and correct or amend the entries. However, the application can only be submitted and transmitted if these contractual conditions have already been accepted by ticking the checkbox. These terms and conditions are thus included in the application. (Please describe the exact ordering process, the last step is important)

An order can only be concluded with a customer of legal age.

2.2 Order confirmation

After receipt of the order, the provider sends an order confirmation by e-mail, in which the order is listed again and which can be printed out using the “Print” function. The order confirmation documents that the order has been received by the provider and does not yet constitute acceptance of the application. With this order confirmation, the customer also receives all necessary customer information, which should be printed out for the documents. The contract is concluded with the delivery of the product.

2.3 Non-acceptance of the offer

If the supplier cannot accept the customer’s offer, the customer will be informed of the unavailability instead of accepting the order. Any payments already made by the customer will be refunded immediately.

  1. Delivery and performance
  • Once a contract has been concluded, the provider shall execute the order without undue delay. The ordered products will be shipped after receipt of payment. If the receipt of payment can be determined, the products will then generally be dispatched within 7 working days, provided the ordered items are in stock. However, deadlines and delivery dates are non-binding and shall only be regarded as a guideline unless they are expressly declared as binding in writing.
  • Unless otherwise agreed, the delivery address specified by the customer shall be decisive for the delivery. If delivery to the customer is not possible because the customer does not accept the ordered products or has not correctly specified the delivery address, the customer shall bear the costs for the unsuccessful delivery.
  • In the event of delivery disruptions due to force majeure (including strikes and lockouts), the supplier reserves the right not to make the delivery – in this case, the customer shall also be released from the payment obligation.
  • Downloading the product is only permitted for personal use. The transfer of content to third parties and/or the duplication, distribution, digitization, in whatever form and for whatever purpose, is not permitted. Any further use requires the prior written consent of the provider.

The provider endeavors to provide access to the wedding guide store at all times. If access cannot be granted due to service disruptions on the Internet, as a result of force majeure or a disturbance of industrial peace, the provider shall not be liable for this. Temporary service interruptions due to normal maintenance times, system-immanent disruptions of the Internet at third-party providers or network operators or force majeure are also possible and do not lead to any liability on the part of the provider.

  1. Payment

Payment for the respective product is due upon conclusion of the contract. Payment is possible via PayPal or bank transfer. When ordering with Pay Pal, the payment is transmitted immediately. In the event of late payment, interest on arrears shall be charged at the statutory rate from the due date of the claim. Any further (statutory) claims shall remain unaffected.

The delivered products remain the property of the supplier until full payment has been made.

  1. Prices and shipping costs

All prices stated on the provider’s website include the applicable statutory value added tax plus VAT. Shipping costs

Standard shipping within Germany € 5.00. For customers based in all other EU countries, shipping costs € 20.00.

Delivery is carried out by Deutsche Post AG.

  1. Cancellation policy

6.1 Right of withdrawal for physical products

Customers who are to be regarded as consumers may withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. The information on the conditions and consequences of revocation are set out in the following revocation instructions:

6.2 Cancellation policy

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 named by you, who is not the carrier, have taken possession of the goods.

To exercise the right to cancel, you must inform us (HOCHZEITSGUIDE, Sarah Linow, Wilhelmshavener Str. 33, D – 10551 Berlin, info@amberandmuse.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

6.3 Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us (HOCHZEITSGUIDE, Sarah Linow, Wilhelmshavener Str. 33, D – 10551 Berlin) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

6.4 Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us)

To

HOCHZEITSGUIDE
Sarah Linow, Wilhelmshavener Str. 33, D – 10551 Berlin

I/we (*) hereby revoke the contract concluded for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

  1. Return shipment

In the event of withdrawal, the customer must return the product to the supplier within 14 days of receipt, complete and in its original packaging, in an unused and resalable condition. If the original packaging is no longer in the customer’s possession, other suitable packaging should be used to ensure adequate protection against transport damage and to avoid any claims for compensation due to damage caused by defective packaging.

The invoice amount to be refunded may be reduced accordingly by the supplier if products are impaired, damaged or incomplete due to signs of use or improper transportation.

Customers are requested to notify the supplier (info(at)hochzeitsguide.com) of the return shipment before sending it back. In this way, they enable the supplier to allocate the products as quickly as possible.

The costs of returning the goods shall be borne by the customer. The parcel posting receipt should be kept if possible.

  1. Customer data, change of data

The customer must truthfully provide the provider with all information and facts necessary for the provision of the service.

Changes in circumstances, in particular changes to the customer’s data (name, address, e-mail) must be brought to the provider’s attention immediately. In particular, the customer is obliged to inform the provider immediately of any changes of address.
This notification should be sent to:

HOCHZEITSGUIDE
Sarah Linow
Wilhelmshavener Str. 33
D – 10551 Berlin

If the customer fails to make such a notification, any additional costs incurred as a result of the failure to notify shall be borne by the customer. In particular, the supplier may make payment to the last delivery address notified to the supplier until notification of a change in the customer’s delivery address.

  1. Warranty

The general statutory provisions of warranty law shall apply. Warranty means the statutory liability of the supplier for defects in the purchased products at the time of delivery to the customer. Defects that only occur at a later date are not covered by the warranty. Warranty claims must be asserted within a period of two years from handover, whereby within the first six months from handover the supplier must prove that the defect did not exist at the time of handover. After the seventh month from handover, the customer is then obliged to provide evidence. In this case, the provider is entitled to improve or replace the goods. The customer shall only be entitled to demand a price reduction or rescission (complete annulment of the contract) if the improvement or replacement is impossible or would involve disproportionately high costs for the provider or if the provider cannot comply with the request for replacement or improvement or cannot do so within a reasonable period of time.

  1. Liability

The provider is only liable to entrepreneurs for intent and gross negligence, but not for slight negligence. Liability for slight negligence towards consumers is also excluded, unless personal injury is involved. Claims for damages lapse within 3 years of knowledge of the damage and the damaging party. Any liability, with the exception of liability for intent, is limited to the amount of the purchase price of the products.
Otherwise, the statutory provisions apply. However, the provider shall not be liable for damage that has not occurred to the product itself; in particular, the provider shall not be liable for loss of profit or for other financial losses suffered by the customer.

  1. Data protection & advertising

In accordance with the provisions of data protection law, it is expressly pointed out that the names, addresses, telephone and fax numbers and e-mail addresses as well as payment methods of customers are stored on data carriers by the provider for the purpose of automated support (accounting, customer file) in fulfillment of the respective contract. Customer data will not be passed on to third parties, except in cases where this is necessary to fulfill the order.

The customer agrees to receive information about the provider’s products at regular intervals, either by e-mail or by post. If the customer does not wish to receive such information, they can revoke their consent at any time by means of an informal notification.

  1. Severability clause

Should any provision of these GTC be or become void, invalid or unenforceable in whole or in part, the validity and enforceability of all other remaining provisions shall not be affected. The void, ineffective or unenforceable provision shall be deemed to be replaced by an effective and enforceable provision which results from dispositive statutory law or from the hypothetical will of the parties and which comes closest to the meaning and purpose of the void, ineffective or unenforceable provision in terms of subject matter, measure, time, place and scope of application. The same applies to the filling of any gaps in these GTC.

  1. Conclusion of deviating agreements

Agreements that deviate from or supplement these GTC are not accepted by the provider and therefore do not form part of the contract. This shall not apply if the provider confirms such deviating agreements or supplementary collateral agreements in writing and with express reference to the deviation from this point.

If required – Cancellation policy for the purchase of digital content

  1. Right of withdrawal for digital content

Customers who are to be regarded as consumers may withdraw from a distance contract or a contract concluded away from business premises within 14 days without giving reasons. The information on the conditions and consequences of revocation are set out in the following revocation instructions:

  1. Cancellation policy

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right to cancel, you must inform us (HOCHZEITSGUIDE, Sarah Linow, Wilhelmshavener Str. 33, D – 10551 Berlin) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
Exception to the right of withdrawal

The consumer has no right of withdrawal (right of revocation) for the delivery of digital content not stored on a physical data carrier if the entrepreneur – with the express consent of the consumer, combined with the consumer’s knowledge of the loss of the right of withdrawal (right of revocation) in the event of premature commencement with the fulfillment of the contract and after provision of a copy or confirmation in accordance with Section 7 (3) FAGG – has commenced delivery before the expiry of the otherwise existing withdrawal period.

Pursuant to Section 7 (3) FAGG, the consumer shall be provided with a confirmation of the concluded contract on a durable medium (e.g. e-mail) together with the information specified in Section 4 (1) FAGG within a reasonable period of time after the conclusion of the contract, but at the latest before the start of the service provision, unless this information has already been provided on a durable medium. In any case, the contract confirmation contains a confirmation of consent to the immediate provision of services and the consumer’s acknowledgement of the resulting loss of the right of withdrawal (right of revocation).”

  1. Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us)

To

HOCHZEITSGUIDE
Sarah Linow
Wilhelmshavener Str. 33
D – 10551 Berlin

I/we (*) hereby revoke the contract concluded for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

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