Terms of service

 

L’Charme Terms and Conditions (AGB)


Scope and definitions

These Terms and Conditions apply exclusively to the business relationship between lcharme.de, L’Charrmé (owner Ms Mirela Cajsa), Vilniusstraße 31, 80992 Munich (hereinafter the “PROVIDER”) and the recipient of the services (hereinafter the “CUSTOMER”, together also the “PARTIES”), in particular to contracts for the sale and delivery of movable goods (hereinafter “goods”, “product(s)”) via the website lcharme.de (hereinafter the “WEBSITE”).

Conflicting, deviating or supplementary terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These Terms and Conditions shall also apply if the PROVIDER performs services without reservation while being aware of terms of the CUSTOMER that conflict with or deviate from these Terms and Conditions.

All information provided by the CUSTOMER during the ordering process must be current and truthful. Registration requires the CUSTOMER to be of legal age. There is no entitlement to the conclusion of a contract.


The CUSTOMER must keep their access data, in particular the chosen password, confidential. The CUSTOMER is obliged to inform the PROVIDER without undue delay if there are indications that the access data may be used without authorization.


Where the generic masculine form is used in the following provisions, this is solely for reasons of simplicity and does not imply any evaluation.


 

Conclusion of contract

 


The presentation of goods on the WEBSITE, on social networks or in advertisements does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is merely invited to submit an offer by placing an order.


When selecting one or more products, these are placed in a virtual shopping cart where the selected product(s) can be viewed, quantities changed and/or products removed. By clicking the “Zur Kasse” (checkout) button, the CUSTOMER is prompted to enter shipping-relevant information and select a payment method. Before completing the order, all information relevant to the order is displayed in a summary. By clicking the “kaufen” or “zahlungspflichtig bestellen” (order with obligation to pay) button, the ordering process is completed and the order is submitted.


By submitting the order via the WEBSITE, the CUSTOMER makes a binding offer to conclude a purchase contract for the product(s) contained in the cart. By submitting the order, the CUSTOMER also acknowledges these Terms and Conditions as the sole governing terms for the legal relationship with the PROVIDER.


The PROVIDER confirms receipt of the CUSTOMER’s order by sending a confirmation email. This order confirmation does not yet constitute acceptance of the contractual offer by the PROVIDER; it merely informs the CUSTOMER that the order has been received.


Acceptance of the contractual offer is declared by an explicit contract confirmation via email.


Contracts concluded via the WEBSITE are concluded exclusively in the German language.


The CUSTOMER may view these Terms and Conditions at any time at lcharme.de/agb and print or save them using the relevant browser function (“Print” or “Save as”).


 

Prices, shipping costs, delivery times

 


For orders, the prices stated for the product(s) at the time of the order apply. 

All prices are final net prices. According to § 19 of the German VAT Act (UStG), VAT is not charged.


In addition to the stated prices, shipping costs may apply. The CUSTOMER is clearly informed of any shipping costs on the product pages, in the shopping cart system and on the order page.


Goods marked as “lieferbar” (available) on the WEBSITE are delivered without undue delay after receipt of the order and, if applicable after receipt of advance payment, within a maximum of 5 business days. The PROVIDER will indicate any differing delivery times on the respective product page.


 

Payment methods

 


The PROVIDER offers the CUSTOMER the following payment methods:

 

  • invoice

  • bank transfer

  • PayPal

  • credit card

 


The CUSTOMER agrees that the PROVIDER’s invoices are generally sent electronically to the specified invoice recipient.


 

Delivery

 


If the PROVIDER cannot meet a binding delivery deadline for reasons beyond the PROVIDER’s control (e.g., lack of supply by upstream suppliers or force majeure), the PROVIDER shall inform the CUSTOMER without undue delay, if necessary stating the new expected delivery period. If the new delivery period is not acceptable to the CUSTOMER or the goods are not available within the new period or are no longer available at all, both Parties are entitled to withdraw from the contract with regard to the goods concerned; any consideration already provided shall be reimbursed without undue delay. Statutory rights of the Parties remain unaffected.


In cases of force majeure, the delivery time shall be extended appropriately. Force majeure includes, among other things, strikes, lockouts, governmental interventions, shortages of energy and raw materials, transport bottlenecks, operational disruptions (e.g., due to fire, water, machine damage, lightning) and all other impediments that the PROVIDER could not foresee and is not responsible for. The PROVIDER shall inform the CUSTOMER without undue delay of the start and end of such delivery impediments.


 

Liability for damages

 


Regardless of the legal basis, the PROVIDER shall be liable within the framework of statutory provisions only in accordance with the following rules:


The PROVIDER is liable without limitation for damages resulting from injury to life, body or health that are based on intent or negligence of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER is liable for damages based on intent or gross negligence of the PROVIDER or one of its legal representatives or vicarious agents, as well as for damages due to the non-compliance with a guarantee given by the PROVIDER or an assured quality, or due to defects fraudulently concealed.


The PROVIDER is liable—limited to compensation for the foreseeable, typical contractual damage—for damages based on a slightly negligent breach of essential contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.


 

Warranty

 


The warranty period is two years. This does not apply to damages resulting from injury to life, body or health culpably caused by the PROVIDER, nor to damages caused by gross negligence or intent, or fraud on the part of the PROVIDER.


Only the PROVIDER’s own statements and the manufacturer’s product description shall be deemed agreed as the quality of the goods.


Claims under the Product Liability Act remain unaffected.


Otherwise, the statutory provisions apply.


 

Retention of title, set-off

 


The goods remain the property of the PROVIDER until full payment has been made.


The CUSTOMER is only entitled to set-off if the counterclaims have been legally established or are undisputed or acknowledged by the PROVIDER. This does not apply to claims to which the CUSTOMER is entitled as a result of exercising the right of withdrawal.


If the CUSTOMER is in default with any payment obligations towards the PROVIDER, all existing claims shall become due immediately.


 

Data protection, confidentiality

 


The PROVIDER processes the CUSTOMER’s personal data exclusively within the framework of statutory provisions.


Details on the nature, scope and purpose of data processing as well as the CUSTOMER’s rights (access, rectification, erasure, objection) can be found in the privacy policy at www.lcharme.de/datenschutz.


 

Returns

 


The PROVIDER is entitled to grant the CUSTOMER a voluntary right of return in accordance with the return conditions published on the WEBSITE. This voluntary right of return exists in addition to any statutory rights of withdrawal and does not affect them.


 

Right of withdrawal

 


If the contractual arrangement is an off-premises contract or a distance contract and the CUSTOMER is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e., the purchase is made for purposes that are predominantly neither commercial nor self-employed professional activity, the CUSTOMER has a right of withdrawal in accordance with the following provisions.


 

Notice of withdrawal

 

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


To exercise your right of withdrawal, you must inform us (L’Charrmé (owner Ms Mirela Cajsa), Vilniusstraße 31, 80992 Munich, email: info@lcharme.de) of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not mandatory.


You may also complete and submit the model withdrawal form or another unequivocal statement electronically on our website www.lcharme.de. If you make use of this option, we will send you a confirmation of receipt of such withdrawal without undue delay (e.g., by email).


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


Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.


We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.


Model withdrawal form

(If you wish to withdraw from the contract, please fill in this form and send it back.)


–To: L’Charrmé (owner Ms Mirela Cajsa), Vilniusstraße 31, 80992 Munich, email: info@lcharme.de

–I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods ()/for the provision of the following service ()

–Ordered on () / received on ()

–Name of consumer(s)

–Address of consumer(s)

–Signature of consumer(s) (only if this form is notified on paper)

–Date


(*) Delete as appropriate.


 

General provisions

 


Should any provision of these Terms and Conditions be invalid in whole or in part or become invalid, the validity of the remaining provisions shall remain unaffected. The statutory provision shall apply in place of the invalid provision.

 

Prevailing version

In case of any discrepancies or inconsistencies between this English version and the German version, the German version shall prevail.