Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Johanna Ludwig-van Tricht) via the website www.vantricht-fashion.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions
Finally, the order data will be displayed as an order overview.
Before submitting your order, you have the opportunity to check the details in the order overview again, change them (also via the "back" function of the Internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment" or similar term), you submit a binding offer to us.
You will first receive an automatic email confirming receipt of your order, which does not yet constitute a conclusion of the contract.
3) Acceptance of the offer (and thus conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after the contract has been concluded. Our specifications regarding file formats must be observed.
2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.
3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.
§ 4 Special agreements on payment methods offered
1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
§ 5 Right of retention, retention of title
1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
2) The goods remain our property until the purchase price has been paid in full.
§ 6 Warranty
1) The statutory liability for defects applies.
2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 7 Choice of Law
1) German law applies. For consumers, this choice of law only applies to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident (favorability principle).
2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Johanna Ludwig-van Tricht Koppel 50
20099 Hamburg Germany
Phone: +4916096259927
Email: info@vantricht-fashion.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.
5.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.
5.4 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .
last update: November 29, 2023