General terms and conditions of business
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: General Terms and Conditions) apply to all contracts concluded via our online shop between us, Primó Couture UG (limited liability), represented by Dominique Pierro, and you as our customer. The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract result in particular from these sales conditions, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.
(4) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.
(5) The customer is a consumer to the extent that the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The presentation and promotion of items in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) By submitting an order via the online shop by clicking the “order with payment” button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right, if any, to cancel your order remains unaffected.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirming receipt.
(4) A contract is only concluded when we accept your order through a declaration of acceptance or through delivery of the ordered items. With the order confirmation or in a separate email, but no later than upon delivery of the goods, we will send you the contract text consisting of the order, general terms and conditions and order confirmation on a durable data medium.
(5) We can only consider orders for deliveries abroad if there is a minimum order value. You can find the minimum order value in the price information provided in our online shop.
(6) If delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and immediately refund any consideration already received.
§ 3 Delivery conditions and reservation of advance payment
(1) We are entitled to make partial deliveries if this is reasonable for you.
(2) The delivery period is approximately 7 working days, unless otherwise agreed. It begins – subject to the regulation in paragraph 3 – with the conclusion of the contract.
(3) For orders from customers with a place of residence or business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price including shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
4 Prices and shipping costs
(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs).
§ 5 Terms of payment and offsetting and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You can only pay the purchase price and shipping costs at your discretion using the payment options we offer.
(3) You are not entitled to offset our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you have reported defects or counterclaims from the
claim the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
§ 7 Warranty
(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items occur in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be attached to the items enclosed.
§ 8 Liability
(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise stipulated in paragraph 3, we are liable only for the breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above liability limitations and exclusions.
(4) The restrictions in paragraphs 1 and 2 also apply in favor of the legal representatives and our vicarious agents if claims are asserted directly against them.
§ 9 Copyrights
We have copyright to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.
§ 10 Dispute resolution, applicable law and place of jurisdiction
(1) We do not take part in any dispute resolution proceedings before a consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(3) If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions apply to local and international jurisdiction.