amore di mamma GmbH
General Terms and Conditions of Business, Delivery and Payment
§ 1 Area of Application
These General Terms and Conditions of Business apply to all mutual claims arising out of and in connection with the conclusion of a contract between you and amore di mamma GmbH, Münzstr. 15, 10178 Berlin (hereinafter referred to as "amore di mamma"), particularly in online mailorder business. Deviations from your own conditions will not be accepted unless amore di mamma has expressly agreed in writing to their application.
§ 2 Conclusion of the Contract
1. The order constitutes your offer (contractual declaration) to amore di mamma to conclude a sales contract, such offer being binding on you for the period of two weeks, and subsequently until written cancellation is received by amore di mamma. Receipt of the order will be confirmed by amore di mamma by email. This confirmation of order does not constitute acceptance of your order but merely the fact of its receipt by amore di mamma. The contract is deemed to come into existence either through further express declaration of acceptance by amore di mamma or through the forwarding or handing over of the goods ordered.
2. amore di mamma will only conclude a contract with you if you have unrestricted legal capacity, that is, provided you are not a minor.
3. The products listed in the amore di mamma GmbH Online Shop do not constitute the binding offer of a contract. An offer of contract is deemed to be made by a customer only when that customer places an order. The sales contract comes into existence upon acceptance, at the latest upon the goods being forwarded, as stated in § 2 (1).
§ 3 Delivery/Forwarding
1. Unless otherwise expressly agreed, delivery shall be made ex warehouse to any address given by you in the EU and Switzerland.
2. Details of delivery deadlines are not binding; this also applies particularly to the designation of an article with the indication "available from ...". Such delivery deadlines shall not be binding unless in exceptional circumstances the stated delivery date has been expressly declared to be binding.
3. If articles are ordered which are not available at the time of ordering (indicated for example by the words "available from ..." or "currently not available") amore di mamma is entitled to withdraw from a contract which may have already been concluded, if production of the article has definitely ceased. The corresponding notification to you shall be deemed to be a declaration of withdrawal. In such a case your liability to pay ceases, as does amore di mamma's obligation to supply. Any further reciprocal claims for compensation are excluded. 4. Should an interruption arise in the operations of amore di mamma GmbH or of their supplier which is beyond their control, particularly in cases of force majeure caused by an unforeseeable event for which they are not responsible, and which cause major disruption of operations and render performance of the contract impossible, amore di mamma shall be entitled to withdraw from the contract. Your liability to pay will also cease as will amore di mamma's obligation to supply. amore di mamma will immediately return any payments or advance payments already made. Any further reciprocal claims for compensation are excluded.
§ 4 Prices, Methods and Conditions of Payment
1. Prices given are always inclusive of the value added tax without the costs of forwarding and packing, which are stated in the immediate vicinity of the prices. The flat charge for forwarding to be borne by the customer, vary by country. The current rates are:
- Within Germany: € 3.95 (free delivery with an order value above € 65.00)
- Delivery time: 1-2 working days
- European Union including Switzerland, Liechtenstein and Monaco: €7.95 (free delivery with an order value above € 75.00)
- Delivery time: 2-5 working days
- Canada, Japan, Hong Kong, United Arab Emirates and United States of America: € 24.95 (free delivery with an order value above € 150.00)
- delivery time: 5-7 days
We reserve the right to adjust postage charges as and where necessary. These may vary depending on the size and weight of the final order.
The flat charge for forwarding applies to parcels up to 10 kilos. Forwarding charges for heavier consignments will be advised upon request. Customs duties are not included in the flat charge for forwarding and shall be borne by the customer.
2. amore di mamma GmbH accepts all payment methods offered by our online shop in the course of the ordering process. The payment itself takes place on the secured server of our online partner, Paypal. The customer chooses their preferred method of payment from the country specific options provided.
The options are:
- Quick and convenient payment using your Paypal account. Simply log-on and click the Paypal option with payment following your preferred transaction method e.g. by credit card or bank transfer.
- Quick and convenient payment by credit card or bank transfer without having to register or log-on to Paypal. Here the payment methods provided are country specific.
The customer is able to check and confirm the order details following the provision of the required payment information. Payment is only concluded by confirming the terms and conditions and, subsequently, by clicking on the ‘place order’ button.
During the course of the ordering process the customer is informed of the above process as follows:
What is Paypal?
PayPal is our online payment partner. You can pay by credit card, debit card, bank transfer or using an existing PayPal account. Upon completion you will be returned to the amore di mamma website to finalize your order.
You will be redirected to the PayPal website.
§ 5 Retention of Title
All goods shall remain our property until full payment has been made of the sum invoiced including all ancillary costs. The purchaser may in the ordinary course of business have the goods at their disposal, but may not pledge them or assign them by way of security. In the case of resale the customer shall assign their account receivable to amore di mamma GmbH.
§ 6 Return/Revocation
1. Advice on your rights to revoke:
If you placed your order as a consumer as defined in § 14 BGB you may revoke your contractual declaration within 14 days in writing (e.g. by letter or email) without giving any reason, or - should you receive the item before the deadline - by returning the item. The period shall begin upon receipt of this advice in the form of text, but not prior to receipt of the goods by the recipient nor before the performance of our duties to inform according to § 312 c (2) BGB in conjunction with § 1 (1, 2) and § 4 BGB-InfoV (Ordinance on the Duty to Provide Information to Consumer). The revocation deadline shall be deemed met if the revocation or item is dispatched within the prescribed period.
Within Germany returns are free. For all other countries the customer has to pay for the return.
The revocation or item must be forwarded to:
amore di mamma GmbH
2. Consequences of revocation:
If revocation is valid, what either party has received in performance must be returned and any benefits obtained (e.g. interest) handed over. Should you be partly or wholly unable to return to us what you received, or should you be able to return it in a deteriorated condition only, then you may be liable to compensate us. When returning items this will not apply if the deterioration is attributable solely to examination of the items, as may have been the case in a shop. For the rest, you can avoid being obliged to compensate us for deterioration due to having taken the item into use, by not taking the item into use as your own property, and by refraining from anything which might jeopardize its value. Items that can be sent as parcels can be returned at our expense and risk. Items that cannot be sent as parcels will be collected. Any obligation to make repayment must be met within 30 days. The period shall begin for you when you send your declaration of revocation or the item, and for us upon receipt of such.
3. There shall be no right of return if the goods ordered were produced or altered at your request, e.g. the embroidery or inscription of names or initials.
-End of advice on your rights to revoke-
§ 7 Warranty/Liability
1. Our warranty is governed by the provisions of the law; in particular the following shall apply: If the goods supplied are defective as defined in §§ 434, 435 BGB, or should a warranted quality be lacking, the warranty rights under the sale of goods as stipulated in §§ 433 ff. BGB shall apply, unless otherwise ensues from these conditions. The warranty rights are initially limited to the right to subsequent performance, whereby amore di mamma GmbH may at their choice make a new delivery or correct the delivered item. Should the subsequent performance fail, the customer shall be entitled at their choice to reduce the purchase price or to withdraw from the contract.
2. The warranty period is 12 months and begins with the date of delivery. Should the ordering party be a customer as defined in § 13 BGB the limitation period is 2 years.
3. The customer must in every case examine the delivered goods for conformity with the contract. Obvious defects must be reported to amore di mamma GmbH in writing immediately, and within two weeks of delivery at the latest. Non compliance with the foregoing obligations will exclude warranty claims against amore di mamma GmbH.
4. The warranty does not extend to defects which arise after delivery due to normal wear and tear, damp, improper treatment or inappropriate storage. Similarly we reserve our rights in respect of reasonable variations usual in commercial practice, relating to the materials used, especially variations in colour.
5. Unless expressly agreed otherwise, the descriptions in the Internet, in catalogues or other publications constitute a description of the qualities of the supplied goods and their possible uses, but not a guarantee of durability, service life or of qualities.
6. In every case guarantee commitments shall be subject to express confirmation by amore di mamma.
7. Any further claims for compensation are excluded, regardless of their legal basis, particularly arising out of the infringement of ancillary contractual obligations, claims for compensation arising out of tortious acts or reimbursement of expenses, with the exception of the legal basis under § 439 para. 2 BGB. This does not apply if a material contractual obligation (cardinal duty) was infringed, or the damage was caused by wilful or grossly negligent action. The exclusion of liability does not apply to culpable injury to life, limb or health. Claims under the product liability law or based on the granting of guarantees shall remain unaffected by the disclaimer of liability, insofar as the object of the guarantee itself triggers the liability.
§ 8 Set-off/Right of Retention
1. You have a right to set-off only if your counterclaims have been legally established or are not disputed by amore di mamma.
2. Moreover, you are authorized to exercise a right of retention only insofar as your counterclaim relates to the same contractual relationship.
§ 9 Data Protection
Your attention is drawn to the fact that, in the scope of, or in connection with, our business relations, personal data are processed within the meaning of the Federal Data Protection Act. Subject to your objection these data will also be used for the purpose of informing you about the products and services offered by amore di mamma. We would point out that you can object to such use of the data at any time by writing to us (e.g. by letter, telefax, email).
1. Collection, processing and use of personal data
You can visit our site without giving any personal details. We merely store access data without reference to person, such as the name of your Internet service provider, the site from which you accessed us or the name of the requested file. These data are evaluated solely for the purpose of improving our offer, and allow no conclusions to be drawn about your person.
Personal data will only be collected if you freely impart them to us in the course of ordering goods or opening a customer account, or registering for our newsletter. Without your express consent we shall use the data you give us exclusively in order to fulfil and settle your order. Upon completed settlement of the contract and complete payment of the purchase price your data will be blocked against further use and will be deleted upon expiry of the record retention periods prescribed by tax law and commercial law, unless you have expressly consented to the further use of your data. If you register for our newsletter your email address will be used for our own advertising purposes, until you cancel the newsletter. Cancellation is possible at any time.
3. Google Analytics
This website uses Google Analytics, a web analytics solution from Google Inc. ("Google"). Google Analytics employs so-called "cookies", text files which are placed on your computer and allow an analysis of your use of the website. The information produced by the cookie about your use of this website (including your IP address) is transferred to a Google server in the USA and stored there. Google will use this information to evaluate your use of the website, in order to compile reports about the website activities for the website operators, and to perform further services connected with use of the website and of the Internet. Google may also transfer this information to third parties, should this be a legal requirement, or to the extent that third parties process the data on Google's behalf. In no case will Google connect your IP address with other Google data. You can prevent installation of the cookies by making the appropriate adjustment to your browser software; however, we would point out that in this case you may not be able to enjoy all the functions of this website to their full extent. In using this website you signify your agreement to the data collected about you being processed by Google in the manner described above for the purpose stated above.
4. Onward transmission of personal data
Your data will be transmitted on to the forwarding company entrusted with delivery, should this be necessary for the delivery of the goods. We will pass on your payment details to the bank charged with the payment to enable the settlement of payments.
5. Right to information
Under the Federal Data Protection Act you are entitled to free information about your stored data and if applicable to correction, blocking or deletion of the data.
6. Text of the contract
We will store the text of the contract and send you the order details and our General Terms and Conditions by email. You can access your past orders in our Customer Login area.
7. Questions about data protection
If you have any questions about the collection, processing or use of your personal data, require information, correction, blocking or deletion of data or the revocation of consent you have given, please contact:
amore di mamma GmbH
§ 10 Concluding Provisions
1. The legal relations between you and amore di mamma are governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of private international law.
2. The place of jurisdiction and place of performance shall be the registered office of amore di mamma, if you are a merchant or your place of residence is not in the Federal Republic of Germany. However, amore di mamma is also entitled to bring action against you before the court competent for your place of residence.
3. Should any individual provisions be wholly or partly invalid this shall not affect the validity of the remaining provisions. § 139 BGB is waived by mutual agreement.
4. amore di mamma may update and amend these conditions at any time. Use shall be governed only by the current conditions at the time.
© 2011 amore di mamma GmbH. Subject to alteration. Status as at November 2011.