General Terms and Conditions of Business
Ā§ 1 General
Iris von Arnim GmbH operates an online shop at www.irisvonarnim.com (the āWebsiteā). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as effective at the time of the order. We do not accept any diverging terms and conditions from the customer except where expressly agreed upon in writing.
Ā§ 2 Contracts
The languages available for contracts are German and English.
The presentation of products on our Website does not constitute an offer to enter into a purchase agreement.
By sending us the order form provided on our Website you are submitting a binding offer to enter into a purchase agreement with us. You submit an offer by entering all required information during the ordering process and sending the order form to us by using the button ābuy nowā. Before you submit your offer you will be able to view the details you provided and correct mistakes where need be.
After receiving your order, we will send you an e-mail confirming its receipt and stating its details (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only. A purchase agreement between you and Iris von Arnim GmbH will be concluded only by us accepting the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
Iris von Arnim GmbH has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
Ā§ 3 Withdrawal
Instructions on the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 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 the right of withdrawal, you must inform us, Iris von Arnim GmbH, Frauenthal 4, 20149 Hamburg, Tel: +49. 40. 41 40 10 0, Fax 49. 40. 41 05 31 0, E-Mail: [email protected], of your decision to withdraw from this contract by explicit statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
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 (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 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 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. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model withdrawal form
(If you want to withdraw from the contract, please fill in this form and send it back to us)
To Iris von Arnim GmbH
Frauenthal 4, 20149 Hamburg
Mail: [email protected]
I/We (1) hereby withdraw from my/our (1) agreement on the purchase of the following goods (1)/for the provision of the following service (1),
Ordered on (1)/received on (1),
Your name,
Your address,
Your signature (only if this form is notified on paper),
Date
(1) Delete as appropriate.
Return shipments
All documents that may be helpful for you when returning goods are enclosed with your parcel. Returns will be credited to your account/card, any losses caused by currency fluctuations will not be refunded.
For any questions about your right of return, please contact our Customer Care:
E-mail: [email protected]
Phone: +49. 40. 41 40 10 30
Ā§ 4 Prices
The prices stated on our Website at the time of your order apply.
Ā§ 5 Storage of contract data
We store your order data. For more information on how we process your data please refer to our privacy policy.
Ā§ 6 Shipping & Dispatch
Your package will be shipped with DHL or UPS, depending on your delivery destination. Iris von Arnim GmbH is liable for any potential transport risks.
For EU-destinations, the goods will be ready for dispatch on the following day of your order. Unless agreed upon otherwise, goods will be delivered within 1 to 5 business days to the shipment address specified by you, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
Deliveries to non-EU destinations
Deliveries to Switzerland and Liechtenstein take 1 to 3 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Switzerland and Liechtenstein as well as customs and handling charges but are exclusive of German value-added tax. Customs and handling charges as well as shipping costs will not be refunded if the goods are returned.
Deliveries to Norway take 3 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Norway as well as customs and handling charges but are exclusive of German value-added tax. Customs and handling charges as well as shipping costs will not be refunded if the goods are returned.
Deliveries to the USA take 2 to 4 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include customs and handling charges but are exclusive of German value-added tax and US sales tax. Customs and handling charges as well as shipping costs will not be refunded if the goods are returned.
Deliveries to other destinations (non-EU, except Switzerland, Liechtenstein, USA and Norway) that are liable to customs duties take 2 to 8 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated are exclusive of value-added tax and customs duties and are also exclusive of German value-added tax. Please note that UPS will charge all import sales taxes, customs duties and handling charges separately for each country. For any questions about taxes and duties in your country, please e-mail to our Customer Care Team: [email protected]. Please note that you will be responsible for any banking charges as may be incurred in foreign countries. Customs duties, import sales taxes, UPS handling charges and shipping costs will not be refunded if the goods are returned.
Shipping costs
All payments as well as credit notes shall be processed in the currency underlying the purchase.
Ā§ 7 Retention of title
The goods delivered remain the property of Iris von Arnim GmbH until full payment has been received.
Ā§ 8 Warranty
Claims based on defects of the goods delivered are subject to the statutory provisions.
Ā§ 9 Liability for other damages
We are liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a primary performance obligation or a secondary obligation (1) the breach of which jeopardises the achievement of the purpose of the contract or (2) the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you were entitled to rely ("essential secondary obligation"), our liability shall be limited to foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of ancillary contractual obligations which do not belong to the essential ancillary obligations. Liability in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee of quality as well as liability for claims based on the German Product Liability Act (āProdukthaftungsgesetzā) and for damages arising from injury to life, limb or health shall remain unaffected by this. This does not imply a change in the burden of proof to the detriment of you. With the exception of claims in tort, the limitation period for claims for damages of youfor which liability is limited under this provision is one year from the statutory limitation period. To the extent that the liability of Iris von Arnim GmbH is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
Ā§ 10 Online Dispute Resolution, Arbitration Procedure EU online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The EU website for online dispute resolution of consumer disputes can be found at the following link: https://ec.europa.eu/consumers/odr/ Information pursuant to the Consumer Dispute Resolution Act: There is no obligation and no willingness to participate in a dispute resolution procedure before a consumer arbitration board.
Ā§ 11 Choice of law, effectiveness
All legal disputes arising from or in connection with the purchase agreement shall be governed by German law exclusively.
If the customer is a consumer, German law shall only apply to the extent that there are no conflicting mandatory statutory provisions in respective local law, in particular consumer protection regulations.
The application of the UN Sales Law is excluded.