ENGL- General terms
General terms of business
for the online shop of the company "Stilista" - represented legally by Ursula Lottes.
The following business conditions are written in English and can be loaded onto memory storage by the customer. If requested they can be obtained from the e-mail address in digital or written form from kundenservice@stilista.de.
§ 1 Choice of goods
(1) The customer has the possibility to select goods and to place an order on the website www.stilista.de. (2) The customer receives a separate description for each product on the respective website. (3) The customer may click the goods desired on the website. These are collected in a virtual goods basket and at the end of purchase the customer receives an final view of the products for the total end price including value added tax (VAT). (4) Before sending order "Stilista" enables the customer to check the order again for content correctness, in particular, for price and quantity of goods, and to correct if necessary.
§2 Conditions concerning the right to return goods
The customer can return the ordered goods within two weeks of receipt. No reasons for return are required. This term begins on the receipt of the goods. In the case that the goods arrive in substandard condition i.e poorly packaged (goods are damaged), the customer may state the reasons for return in written form e.g. by letter, fax or e-mail. For the safeguarding of stipulated conditions timely return of the goods is requested. A copy of the bill or invoice should be enclosed for quick settlement of transaction. The customer carries the costs for the return of goods, unless the delivered product does not correspond to the ordered product. This, however, does not apply to goods made specifically for customers. If damaged or worn goods are returned, the full amount will be refunded once the goods have been checked for any signs of previous wear and have been returned in the original packaging. Return of goods to:
Stilista Ursula Lottes
Jakobistr. 3
D - 30163 Hannover
Subsequent course of goods returned
For effective settlement of transaction the stipulated conditions are to be adhered to by both parties i.e. the retailer and the customer. Should the ordered product be faulty a substitute product can be requested. This naturally does not come into effect if the product is damaged by the customer. The right of return of goods does not exist with contracts for goods which are made according to customer specification or designed specifically to correspond to the personal requirements. In accordance with the stipulated conditions as laid down by Stilista the customer will receive the full sum of the goods plus return postage costs (EUR 10,00) in the form of a bank credit transfer within 14 working days, if the client kept goods for EUR 40,00 and over. Therefore, we would ask you to send your bank account no. and the bank sorting code number together with the goods to be returned.
§ 3 Prices
(1) The price of goods are valid as listed on Internet at the time of the order. (2) The prices included VAT without the costs for postage and packaging from the Stilista company.
§ 4 Conclusion of contract
(1) The offer of goods from the Stilista website are non-binding. In the case of non-availability Stilista is not under any obligation to provide the goods. Completion of a binding contract will take place only when the customer's order has been confirmed in writing by Stilista. Stilista is authorised to deliver a product equivalent in price and quality should the original product no longer be available and providing the customer has been informed duly of this in the order form.
§ 5 Realization of contract, costs of postage
Settlement of orders
Orders will be dealt with within 3 working days and the customer informed whether or not the desired products are available.
Delivery
In the case the ordered products are available, these will be delivered by Stilista within 10 working days after receipt of the order. This, however, does not apply to goods which are made according to customer specification. Delivery times are according to model description.
Forwarding expenses
Dispatch of goods within Germany either by German post, Hermes or DPD can be stated on the order form. No pre-payment for the shipping costs is requested within Germany for forwarding expenses for an order more than 40€. The shipping costs for an order less than 40€ within Germany are 4,50€. The forwarding expenses for cash on delivery amount to 10.00 EUR. Cash on delivery for goods is possible only within Germany.
The forwarding expenses for the following countries: Andorra, Belgium, Bosnia Herzegovina, Denmark, Estonia, Faroes Islands, Finland, France, Greece, Greenland, Great Britain, Ireland, Iceland, Italy, Canary islands, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Macedonia, Monaco, the Netherlands, Norway, Austria, Poland, Portugal, Sweden, Serbia and Montenegro, the Slovakian republic, Slovenia, Spain, Czechia, Turkey, the Ukraine, Hungary, Vatican City and Cyprus amount to 12.00 EUR, on delivery by DPD or DHL.
The forwarding expenses to Switzerland and all countries not belonging to the EU amount to 18.00 EUR on delivery in a registered letter by Deutsche Post (only possible up to the weight 2 kg) or in a parcel by DHL.
Our clients of Switzerland and all countries, that don't belong to the EU, do not have to pay the German tax of 19%.
The forwarding expenses to USA, Australia and Canada amount to 18.00 EUR, on delivery by Deutsche Post within a registered letter by air. This price is only possible, if the goods have a weight less than 2 Kilo. We will inform you about the shipping costs, if the weight is higher than 2 Kilo. Our clients in the USA, Australia and Canada do not have to pay the German tax of 19%.
Changes, extensions, limitations of orders
Any customer enquiries in connection with orders with regard to changes, extensions and/or limitations of the goods will be dealt with immediately by Stilista. Should the customer wish to change, add to or cancel any goods ordered Stilista will take this into account up to 5 working days before the planned delivery.
§ 6 Payment conditions
(1) On delivery of goods, Stilista will issue to customer a bill for the ordered goods. Stilista will deliver on pre-payment or cash on delivery. Pre-payments of bill are taken into account. Data referring to the account are presented on the order form. Alternatively, a payment by PayPal (transfer or credit cards: Visa and Mastercard) can be made to the mailing address stilista@gmx.de. (2) Prices on the bill feature the total sum including VAT. (3) On delay in payment the customer is obliged, as the consumer, to pay interests on arrears at the rate of 5% of the base interest rate, unless Stilista can give evidence of a higher interest rate. With customers who are enterpreneurs Clause (1) comes into effect with delay interest rate amounting to 8% of the base interest rate.
§ 7 Guarantee and Liability
(1) All customers are to inform Stilista of any defects with regard to the product and return the product to Stilista at own expense. Guarantee of the supplier is laid down according to Paragraph §§ 433 BGB. In contractual business dealings the guarantee is limited to a year. Stilista is entitled to repair or substitute product accordingly.
(2) Stilista undertakes total liability for indebtedness of executive bodies and employees should the terms not be complied to as laid down in the contractual duties to be carried out by the above mentioned persons. This will not come into effect in the case that Stilista is exonerated from any form of breach of trade. This point also covers any indebtedness on the part of the customer. Liability on the grounds of intention, guarantee, deceit and for personal damages as well as those according to the product liability law remains unaffected.
§ 8 External forces
(1) In the case that Stilista is unable to provide effective service on account of external forces (for example, war, natural disasters) the company is exempt achievement of service for the duration of the restricted time. (2) Should Stilista be unable to execute delivery of the products for longer than one month on account of external forces, the customer is then entitled to resignation of the contract.
§ 9 Data security
Stilista is obliged to heed all requirements pertaining to safeguarding of data, in particular, the points as laid down by the tele- service data security law. Customer data are stored by us according to the regulations as laid down by the federal data security law and the tele service data security law. Their personal data are given out only for agreed, unequivocal and lawful purposes and are kept no longer as deemed absolutely necessary. Person-related data including address and e-mail address will not be divulged to a third party. Exception to this stipulation are our service partners who require transmission of data for process of order.
§ 10 Legal venue
Place of execution of business and legal venue for customers, i.e. tradesmen, is Hannover. The law in force is recognised solely by the Federal Republic of Germany.
Die Plattform der Europäischen Kommission zur Online-Streitbeilegung (OS-Plattform) finden Sie unter folgendem Link: https://ec.europa.eu/consumers/odr/
§ 11 Conclusive regulations
(1) Contractual language is German. (2) Should a regulation of these conditions be pronounced invalid, the conditions remain as such effective. An invalid regulation will be substituted by an effective alternative to suit both Stilista and the customer.
State: 15/5/2004
Instructions for the consumer
Please heed the following important consumer's instructions with reference to you purchase with Stilista:
Cancellation
You are able legally, as a consumer, with referende to the § 13 Civil Code, to cancel your order providing this is done within a term of 2 weeks on receipt of the product. No reasons for cancellation are required. Cancellation can be made in written form (email: kundenservice@stilista.de) or by return of the goods within 2 weeks of receipt to Stilista.
Stilista Ursula Lottes
Jakobistr. 3
D - 30163 Hannover
Excluded from these terms are
(1) goods made according to customer.
(2) newspapers and magazines.
Following input of yur personal data and pressing the button "OK" a binding contract for order of goods in your basket is made. Confirmation of your order will follow directly on sending the order. The bill of sale will be presented together with confirmation of delivery or on delivery of the goods. Our generall terms of business can be called up at any time on our website. Data concerning your order cannot be called up on Internet due to safety reasons.
Guarantee
The guarantee is in compliance with the legal regulations and should the delivered product not be to your satisfaction we are under obligation to supply substitute product also be faulty or substandard, you may return the product for total compensation of the full price paid or, if preferred, keep the item concerned at a reduced price.
Stilista Ursula Lottes
Jakobistr. 3
D - 30163 Hannover
Geschäftsführerin: Ursula Lottes, dipl. Modedesignerin