- These General Terms and Conditions apply to all your purchase orders placed with This is HER on the thisisher.style online shop.
- We provide our products and services and enter into any contract exclusively on the basis of these General Terms and Conditions. By placing an order with This is HER you signify your agreement to our General Terms and Conditions.
- The contract language is either German or English.
2 CONTRACT CONCLUSION
- The presentation of goods in our online shop do not represent a binding offer by us to conclude a purchase contract. It is rather a non-binding request to order goods from the online shop of This is HER.
- Only by clicking the “Buy Now” button in the shopping cart you make a binding offer of purchase (§145 BGB).
- Upon order placement, you will receive an automatically generated e-mail (within 48h) in which we confirm the receipt of your order and the details of your order. The receipt confirmation does not confirm our acceptance of your offer of purchase.
- A purchase contract is only concluded when we expressly declare acceptance of the offer of purchase or once we ship your items and send you a Shipping Confirmation email with information about the details of your order, as well as a shipment tracking info.
- The prices displayed at the time of order apply. The prices quoted on the goods’ pages include value-added tax and other price components.
- In addition to the price of our products, costs for shipping apply. These costs will be made clear during the order process on the Checkout page.
4 PAYMENT TERMS
- Payment can be made optionally by: credit card (American Express, Visa and MasterCard), or via Paypal.
- When paying by credit, the amount of the purchase price will be reserved on your credit card at the time of ordering. We will charge your credit card account when dispatching your order.
- Payment shall be due immediately after conclusion of the agreement. This is HER may withdraw from the contract in case payment is not received within two weeks following the contract conclusion.
- Every product remains property of This is HER UG until payment has been fully made.
5 SET-OFF / RIGHT OF RETENTION
- You shall have a right of set-off only if your counter-claim has been become non-appealable or is not disputed by us.
- You may exercise a right of retention only to the extent your counter-claim is based on the same contractual relationship.
6 DELIVERY AND RETENION OF TITLE
- At this time, we only deliver to addresses in the European Union member countries and Switzerland.
- Unless otherwise agreed, the goods shall be delivered from our warehouse to the address you have specified, using DHL delivery, unless otherwise requested by the customer.
- The delivery cost for your respective order are explicitly listed as a separate position upon checkout.
- In the event that the delivery date is delayed, we will inform you immediately and communicate a new delivery date.
- The goods shall remain our property until the purchase price has been paid in full.
- In case the customer orders products from This is HER to be delivered outside the EU, these products may be subject to import duties and import taxes, which may be levied immediately upon arrival of goods in the destination country. The customer shall be obliged to bear any additional charges for customs clearance; This is HER does not have any influence on such charges. Customs regulations can differ substantially from one country to another and therefore, the customer should contact his local customs authorities and ask for further information.
- The customer is considered to be the importer when he orders products from This is HER and he is obliged to comply with all laws and regulations of the destination country.
8 RIGHT OF WITHDRAWAL
- If you are a consumer, meaning every natural person who enters into a legal transaction for purposes which are not mainly induced by either commercial or self-employed professional activity, you have a right of withdrawal subject to the following provisions.
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- The withdrawal period will expire after fourteen calendar days from the day on which you acquire, or a third party (other than the carrier) and indicated by you acquires physical possession of the goods.
- To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) to: This is HER UG, c/o Simplinic GmbH, Torstraße 179 in 10115 Berlin or E-Mail: firstname.lastname@example.org
- To meet the withdrawal deadline, it is for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
9 RETURN OF GOODS
- Irrespective of your right of withdrawal you can return all goods purchased on our website for a refund within 14 days of receiving your original order (Return Guarantee). According to this Return Guarantee you can cancel your purchase contract after the end of the withdrawal period (§ 7) by returning the purchased goods within 14 days of receiving the good to the address specified below.
- Please return all cancelled orders to: Dr. Halima Jarrodi, Rheinsberger Straße 62, 10115 Berlin.
- You will have to bear the cost of returning the goods, sung a tracked delivery option.
- Returns have to be made without undue delay and in any event not later than within 14 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 14 days has expired.
- If you withdraw from this contract, we shall reimburse to you all payments received from you, excluding any shipping cost.
- We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. We will withhold reimbursement until we have received the products back.
- The right of withdrawal does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised.
10 DAMAGE IN TRANSIT
- We bear the risk of transport until the good has been delivered to you. If goods obviously damaged in transit are delivered, please notify such defects immediately to the delivery agent and please contact us as soon as possible.
- Any failure to notify the delivery agent or to contact us has no consequences in respect of your legal rights. However, you agree to provide reasonable assistance to help us assert our own claims against the carrier or the transport insurance.
- Unless expressly agreed otherwise, your warranty claims are based on the legal provisions of the purchase law (§§ 433 ff. BGB).
- If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used items is - one year - deviating from the statutory provisions. This limitation shall not apply to claims for damages resulting from injury to life, limb or health, or from a breach of a material contractual obligation, which is the fulfillment of which the proper execution of the contract is permitted at first and the contractual partner may regularly rely on compliance with this (cardinal obligation) as well as for claims due to other damages which are based on an intentional or grossly negligent breach of duty on the part of the user or his vicarious agents.
- We shall be liable for wilful intent and gross negligence. In the event of ordinary negligence, we shall be liable under the provisions of the he German Product Liability Act (Produkthaftungsgesetz) and for injury to the life, body or health of persons.
- Limitation of liability: Apart from that, we shall be liable for ordinary negligence only in the event of a breach of a material contractual obligation fulfilment of which makes proper performance of the agreement possible in the first place and discharge of which the contractual partner may typically rely on (material contractual obligation). This limitation of liability shall likewise apply for the benefit of our vicarious agents.
13 DISCOUNT & COUPON CODES
- Multiple discount and coupon codes cannot be combined with each other for purchasing.
- Discount codes cannot be used for already reduced goods. Voucher codes can be used for already reduced goods.
14 FINAL PROVISIONS
- Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.
- Any contracts between you and us shall be governed exclusively by German law, with the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- If you are a merchant, a legal person of public law or a public special fund, then the court of jurisdiction for all disputes arising out of or in connection with contracts between you and us.
15 APPLICABLE LAW
- All legal relationships of the parties are subject to the laws of Federal Republic of Germany except for the laws about the international purchase of movable goods.
Last update: 09.09.2019