Terms of service
For purchases in the online shop of the Ombelle Cécile Morice e.Kfr.
1. General, scope of the terms and conditions
1.1 All deliveries and services are carried out exclusively on the basis of the following general terms and conditions (hereinafter “GTC”) in the version valid at the time of the order.
1.2 The contractual partner is Ombelle Cécile Morice e.Kfr. Deisterstr. 26, 30449 Hanover (hereinafter "seller").
1.3 Customers within the meaning of these terms and conditions can be both consumers and entrepreneurs (hereinafter "customer"). Consumers in the sense of the terms and conditions are natural persons who conclude contracts for a purpose that cannot be attributed to their commercial or professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or legal partnerships who, when concluding a contract with the seller, are exercising their commercial or independent professional activity.
2. Conclusion of the contract, formation of the contract
2.1 Our offer is binding. With your order you accept our offer to conclude a contract. The contract is concluded when your order is sent to us. You will receive an order confirmation by email.
2.2 When you have found the product you are looking for, you can take a closer look at it without obligation by clicking the product name, the product image or the button. By clicking the button in the shopping cart you can put the article in the shopping cart. You can view the contents of the shopping cart at any time by clicking the graphic shopping cart or the button Go to shopping cart in the shopping cart window that opens. You can change the products by adjusting the number and / or the Remove button and the Update button and / or remove them from the shopping cart. If you want to buy the products in the shopping cart, click on the checkout button on the shopping cart page. In the course of the further ordering process, you can log in to your customer account or enter further contact details for shipping. After clicking the button Continue to dispatch you can select the dispatch options. After clicking on the button Continue to payment you will reach the next step of the order process and can select the desired payment method. In the last step, you will get an overview of your order data under Review and can check your details again and correct them under Change. You can also correct input errors by returning to the previous order steps using the buttons provided, navigating backwards in the browser or canceling the order process and starting over. On the Check subpage, you will be informed of our general terms and conditions and the cancellation policy - you can also access both texts here. To complete the purchase, you must click the Buy button. This will send the order to us. After this, it is no longer possible to change the order because it is then already being processed in the shipping department.
3. Storage of the contract text
We save your order, the order data entered and the entire text of the contract. We will send you an order confirmation and order confirmation with all order data and the entire text of the contract by email. You also have the option of printing out both the order and the general terms and conditions before sending the order to us.
4. Right of withdrawal for consumers
The following right of withdrawal only applies to distance selling consumers:
4.1. Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform Ombelle Cécile Morice e.Kfr. Deisterstr. 26 30449 Hannover Tel .: +49 511 45930710 E-Mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier. We recommend choosing a delivery form with a tracking number for the return.
You have to return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
The goods must be unused and intact, unopened in the original packaging. We can only reimburse the costs if all these conditions are met.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
4.2. Exclusion from the right of withdrawal
Unless otherwise agreed by the parties, the right of revocation does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5. Revocation template
(If you want to cancel the contract, please use this template and send it back.)
Ombelle Cécile Morice e.Kfr.
Deisterstr. 26 30449 Hanover
Tel .: +49 511 45930710
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable.
6. Prices and shipping costs
(1) All prices stated on our website include the applicable statutory sales tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
Within Germany up to a value of EUR 39.99 we charge EUR 3.90 shipping costs,
From a goods value of EUR 40.00 we deliver free of charge.
In the EU countries up to a goods value of EUR 99.99 we charge EUR 13.99 shipping costs, from a goods value of EUR 100.00 we deliver free of charge.
(4) In the event of a cancellation, the customer has to bear the direct costs of the return. We deliver with DHL or another provider of our choice.
7. Terms of delivery
7.1 We deliver to Germany and the countries of the EU.
7.2 Shipping within Germany:
Unless otherwise stated in the offer, the goods will be delivered within 3-5 working days after delivery of the order confirmation.
If you have ordered items with different delivery times, we will send the goods in one shipment, unless we have made a different agreement with you. In this case, the delivery time is determined by the item with the longest delivery time that you have ordered.
Several products ordered at the same time are delivered in one shipment; the delivery time of the product with the longest delivery time applies to the joint shipment. If the customer wishes a certain product to be delivered in advance with a shorter delivery time, he or she must order this product separately.
If a delivery fails because the customer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer pays the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon when the contract was concluded.
If a delivery has been delivered for collection at the post office and the customer has been informed of this (shipment tracking, notification, etc.) and is still not picked up within the specified period, and the customer then revokes the order, this is the responsibility of the customer the payment of the postage and return postage.
8. Payment terms
8.1 Payment can be made either by:
Credit card (VISA, Mastercard, Maestro, Amex)
Klarna Sofort (immediately)
We reserve the right to exclude individual payment methods.
8.1.1 When paying by credit card (VISA, Mastercard, Maestro, Amex), you provide us with your credit card details when you place your order. The credit card or the specified account will be debited immediately after the order has been placed and your legitimation as the legitimate credit card holder.
8.1.2 When paying with Klarna Sofort / Pay Now you will be forwarded to the Sofort GmbH payment form. Here you have to select your bank, log in with your online banking data and approve the process with a TAN. The charge is made immediately after submitting your order.
We assign our payment claim to Klarna (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm), so that a service with debt-discharging effect is only possible to Klarna.
Please note that even when paying by immediate transfer via Klarna, we are still responsible for general customer inquiries (e.g. about goods, delivery time, shipping), returns, complaints, declarations of revocation and returns or credits.
8.1.3 If you pay by PayPal, you will be redirected to the PayPal website directly from the order process. Payment via PayPal can only be made if you are registered with PayPal or if you register. You will then be forwarded directly to the payment page and confirm the payment order to us. After placing the order, PayPal will be asked to initiate the payment transaction and will do this automatically.
8.1.4 When paying by Google or Apple Pay, you can initiate payment transactions via your smartphone or wearable.
To pay with Google Pay, you must be registered with Google Pay. After selecting the Google Pay payment method, please enter your access data and confirm the payment with a payment method you have saved (credit card or giro card). The transaction is carried out immediately after the order is placed. The payment data you have stored with Google Pay will not be transmitted to us.
To pay with Apple Pay, you must be registered with Apple and have activated the "Apple Pay" function. After selecting the payment method, please enter your access data for your Apple account in order to identify yourself. Then please confirm the payment instructions for the payment with a payment method you have stored (credit card or giro card) to us. Payment is made immediately after placing the order.
8.2 In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we reserve ownership of the purchased item until all outstanding claims from the business relationship with the buyer have been settled. The corresponding security rights are transferable to third parties.
8.3 If you are a consumer, interest is to be paid on the purchase price at 5% points above the base interest rate when the payment arises. If you are not a consumer, the interest rate is 9 percentage points above the base rate during the delay in payment. In addition, we are entitled to claim a flat-rate damage fee of € 40 from companies in the event of default in payment. We reserve the right to prove and claim higher damage caused by default.
9.1 If you are a consumer, the guarantee is based on the statutory provisions.
9.2 If you place your order with us as an entrepreneur, the following applies:
9.2.1 Delivered goods are to be examined by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect is found, we must be notified immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the examination. If such a defect appears later, the notification must be made immediately after it is discovered, otherwise the goods shall be deemed to have been approved even with regard to this defect. Section 377 of the German Commercial Code remains unaffected. The customer is not relieved of his obligation to investigate, even in the case of recourse by the entrepreneur according to § 478 BGB. If, in such cases, he does not immediately report the defect asserted by his customer, the goods are deemed to have been approved, even with regard to this defect.
9.2.2 If there is a defect, we are entitled to determine the type of subsequent performance, taking into account the type of defect and the legitimate interests of the customer. In the case of these contracts, subsequent performance is deemed to have failed after the unsuccessful third attempt. This number does not apply in the case of recourse according to § 478 BGB.
9.2.3 In the case of subsequent performance in the event of defects, we are only obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, as these are not increased by the fact that the item is moved to a location other than Headquarters or the commercial branch of the customer to which the delivery was made. This number does not apply in the case of recourse according to § 478 BGB.
9.2.4 The customer's claims for defects, including claims for damages, shall become statute-barred after one year. This does not apply in the case of recourse according to § 478 BGB, this also does not apply in the cases of §§ 438 Paragraph 1 No. 2 BGB and § 634a Paragraph 1 No. 2 BGB. This also does not apply to claims for damages due to injury to life, body or health or due to a grossly negligent or willful breach of duty by us or our vicarious agents.
10. Liability for damages and reimbursement of expenses
10.1 If you are a consumer, we are liable for damage in accordance with the statutory provisions.
10.2 If you place your order with us as an entrepreneur, the following applies in the event of our contractual liability for damages in accordance with sections 10.2 to 10.8:
10.2.1 If the claims are based on an intentional or grossly negligent breach of duty by us, our representatives or our vicarious agents, we are liable for compensation in accordance with the statutory provisions.
10.2.2 If we or our representatives or vicarious agents have breached an obligation through slight negligence, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly relies, the liability is for the foreseeable , typically occurring damage is limited.
10.2.3 Unless otherwise specified in sections 10.2.1 and 10.2.2, our liability for damages is excluded. The same applies if recourse claims against us as a supplier according to § 478 BGB can be asserted.
10.3 The exclusions and limitations of liability under section 10.2 also apply to other claims, in particular tort claims or claims for reimbursement of wasted expenses instead of performance.
10.4 The exclusions and limitations of liability under section 10.2 do not apply to any existing claims pursuant to Sections 1, 4 of the Product Liability Act or due to culpable injury to life, body or health. They also do not apply if we have assumed a guarantee for the quality of our goods or a successful performance or a procurement risk and the guarantee case has occurred or the procurement risk has materialized.
10.5 The right and timely delivery by the supplier is reserved, unless the seller is responsible for the incorrect and / or delayed delivery.
10.6 Unless the limitation of liability according to Section 10.2 for claims from producer liability in accordance with § 823 BGB intervenes, our liability is limited to the replacement of the insurance. If this does not occur or does not occur completely, we are obliged to be liable up to the amount covered. This number does not apply to culpable harm to life, body or health.
10.7 As far as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.
10.8 A reversal of the burden of proof is not associated with the above regulations.
11. Customer service
If you have any questions, complaints or complaints, please contact us. You can reach us Monday - Friday between 10 a.m. and 5 p.m. on the telephone number +49 511 45930710 or by email: email@example.com
12. Code of Conduct
We have submitted to the code of conduct of the Trusted Shops quality criteria.
Further details can be found under the following link: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
13. Legal system, place of jurisdiction
13.1 German law applies to the exclusion of the UN sales law.
13.2 For customers who conclude the contract for a purpose that cannot be attributed to professional or commercial activity (consumers), this choice of law does not affect the mandatory provisions of the law of the state in which the customer has his habitual residence.
13.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is based on the headquarters of our company in Hanover.
13.4 Alternative dispute resolution and OS platform
The European Commission provides a platform for online dispute resolution (OS). This can be reached via the following Internet address: https://ec.europa.eu/consumers/odr/.
We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board. The responsible consumer arbitration board is the universal arbitration board of the Federal Center for Arbitration eV, Straßburger Straße 8, D-77694 Kehl am Rhein, Tel .: +49 (0) 7851/795 79 40, Fax +49 (0) 7851/795 79 41, E -Mail: firstname.lastname@example.org, Web: www.verbübers-schlichter.de.
14.1 The contract language is German.
14.2 If one or more provisions of these GTC are ineffective, the rest of the contract remains effective. If the provisions are ineffective, the content of the contract is based on the statutory provisions.
Status: November 2020