Rellinger Straße 33
Telefon: 0176 99 18 37 49
Terms & Conditions
General Terms and Conditions
§ 1 Area of application, object and conclusion of the respective contract
1.The following conditions govern terminatory the contractual relationship between Madeleine Accessoires, Madeleine Issing, Rellinger Straße 33, 20257 Hamburg, hereinafter called „seller“ and the respective customer.
2.These General Terms and Conditions (hereinafter called GTC) apply exclusively. Conflicting customer’s conditions or conditions which differ from these General Terms and Conditions are not accepted unless the seller has agreed to these in the individual case.
3.They apply both to consumers and to traders. Consumer within the meaning of these GTC shall mean any natural person, who carries out the order for a purpose that is neither commercial nor its independent vocational activity may be attributed. Trader within the meaning of these GTC shall mean any natural or juristic person or a non-incorporated firm having legal capacity, acting on the order of their commercial or independent professional activity.
4.Object of each contract is the sale of goods from the seller to the customer. On the seller’s homepage, the customer can place an order. By submitting the order, the customer submits an offer to conclude a sales contract. After submitting the order, the customer will receive an order confirmation in which his personal data and order details are indicated. This order confirmation does not mean an acceptance of contract by the seller. A contract shall only be effective by sending a delivery confirmation, or with the delivery of the goods.
5.After submitting the order, the customer will receive the wording of the contract as well as the General Terms and Conditions by e-Mail. Furthermore the customer, who has created a customer account, has the possibility to access each order after conclusion of contract via his customer account.
6.The conclusion of contract will be preceded in German only. As far as the customer is a tradesman, the German law applies.
7.All indicated prices are gross prices. The currency is EURO.
§ 2 Settlement of contract, shipping charges
1.The customer pays the shipping charges from the place of business of the seller in accordance with the cost schedule of shipping charges valid at the time of conclusion of contract. Click here for the cost schedule of shipping charges: http://www.madeleine-accessoires.de/de/Liefer-und-Versandkosten
2.The purchasing price can be paid by bank transfer or by PayPal. The seller commits itself, to dispatch the ordered goods immediately after receipt of the customer’s order and after receipt of the whole purchasing price by bank transfer / PayPal.
3.As far as it is reasonable to the customer, partial shipments are allowed.
4.The customer will control the ordered goods immediately after its receipt, as far as this is a mutual commercial transaction in terms of the Code of Commercial Law. This applies particularly in respect of the completeness of the goods as well as their proper function. The seller has to be immediately informed about defects discovered in this connection or which are determinable without further ado. A detailed description of defects must be added. In case the customer fails to give this information to the seller, the ordered goods are considered as approved, unless it is a defect that cannot be discovered during the receiving inspection.
5.In case of a mutual commercial transaction, defects of the goods which are determinable within the scope of the correct receiving inspection according to no. 5, must immediately be communicated to the seller. Otherwise, in this case the goods are considered to be approved in face of consideration of this defect.
§ 3 Guarantee and liability
1.For defects of the goods, the seller is liable in principle in accordance with statutory provisions of the Sale of Goods (§§ 434 ff. Civil Code) and – in case that the customer is also the consumer – the Sale of Goods for consumer items ((§§ 474 ff. Civil Code), unless these GTC determine something else.
2.Provided that the customer is a trader, the defects liability period of the rights according to § 437 no. 1 and no. 3 Civil Code for new goods differs from § 438 paragraph 1 no. 3 Civil code, one year beginning from the legal beginning of statutory limitation. In case of § 438 paragraph 1 no. 3 Civil Code, the legal defects liability period of two years applies here for consumers.
3.Provided that the customer is a trader, there is no guarantee for used goods. For consumers purchasing used goods, the defects liability period of the rights of § 437 no. 1 and no. 3 Civil Code will be reduced deviating of § 438 paragraph 1 no. 3 Civil Code to one year after legal beginning of statutory limitation.
4.Generally the seller is not liable for damages due to negligence.
5.The liability constraints according to the previous numbers 2, 3 and 4 are not valid for damages caused by injury of life, of body or of health, the fraudulent concealment of defects, claims resulting from the Product Liability Law, in case of intent or gross negligence and for breach of duties, whose fulfilment allows the proper execution of the contract and in whose observation the customer trusts.
§ 4 Reservation of title, passing of risk and delay
1.The delivered goods remain in the seller’s property until their complete payment.
2.If the customer is a tradesman and the goods are dispatched at his request, then the risk passes to him immediately after handover to the carrier. For consumers, the risk passes to him just in the moment, when the goods are handed over to the customer.
3.Unless otherwise agreed, the customer (in case of a tradesman) is in delay if he has not paid within 30 days after due date. For the consumer applies the same unless otherwise agreed he is in delay if he has not paid within 30 days after due date and if he has been advised in particular to this consequence in an invoice or payment request.
§ 5 Reshipment charges
In case the customer makes use of his right of withdrawal, he has to pay the regular charges of the reshipment, if the delivered goods correspond to the ordered goods and if the purchasing price of the reshipped goods do not exceed the amount of 40.00 Euro or if the customer, in case of an higher purchasing price of the goods, he has not paid or made an contractually agreed partial payment.
§ 6 Final clause
1.If the customer is not a consumer, than the German law – excluding the UN Sales Convention, is applicable for the present General Terms and Conditions and on the respective purchase.
2.Provided that both parties are general merchants, for all disputes arising from or in connection with this contract, the city of the seller’s registered office is declared as place of jurisdiction.
3.In case one or more clauses of these General Terms and Conditions should be partially or completely be disabled, then the validity of the remaining provisions shall not be affected.
Cancellation and return policy
Here German law applies.
Beginning of the right of revocation
Right of revocation
You can revoke your contractual statement in written form (e.g. letter, e-mail) within 14 days without any indication of reasons or – in case you received the object before the deadline – by return of the object. The deadline begins on receipt of this instruction in written form, however, not before receipt of the product (with recurring delivery of goods of the same kind not before receipt of the first part delivery) and also not before fulfilment of our duties to supply information according to article 246 §2 in connection with §1 paragraph 1 and 2 EGBGB as well as our duties according to §312e paragraph 1 sentence 1 in connection with article 246 §3 EGBGB. For ensuring the revocation deadline, the timely sending of the cancellation or the object is enough. The cancellation is to be directed to:
Rellinger Straße 33
Consequences of revocation
In case of an effective revocation, all received achievements on both sides have to be returned and if necessary, benefits e.g. interest) are to be returned, too. In case you are not able to return the received achievement completely or partly or in declined conditions, you have to compensate for the lost value. This does not apply with the surrender of objects, in case that the decline of the object is to be exclusively returned to its quality inspection - like this would be possible in a retail shop. For the rest, you can avoid the duty of compensation for the lost value by the designated putting into use of the object resulted decline, by not using the object like your property and omit everything, which affects its value. Object which can be packed as parcel, are to be sent back on our risk. You have to pay the shipping charges for the return, if the delivered product complies with the ordered object and in case, that the price of the returned objects does not exceed the amount of 40 euros or in case that the object(s) exceed this amount, you have not effected a reward or a contracted partial payment at the time of revocation. Otherwise, the return consignment is free of charge. Objects which can not be packed as parcel will be picked up at your home. Commitments of reimbursement of payments have to be fulfilled within 30 days. The deadline begins with your sending of your revocation request or of the object and for us with receipt of one of both.
“Important information regarding revocation”:
You do not have the right of withdrawal according to § 312 para. 4 BGB in case of distance selling contracts
1. For the supply of goods that are produced according to customer specifications or clearly tailored to personal needs, or are – because their condition - not suitable for a return or spoil quickly or whose expiration date has passed.
End of the right of revocation
Postage and payment policy
Please indicate your DAWADA name and / or the invoice number on the banc transfer.