Terms and Conditions of Mademoiselle Chemsi
§ 1 Basic provisions
(1) The following terms and conditions apply to all orders placed through our online store www.mademoisellechemsi.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepeneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) When you place the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview. If you use an instant payment system (e.g. PayPal Payments, Google/ Apple Pay, Instant Transfer, Klarna Pay now, Credit/ Debit Card, Stripe) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop. Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the “back” function of the Internet browser) or cancel the order. By submitting the order using the corresponding button (“buy” or similar term), you declare your legally binding acceptance of the offer, which means that the contract is concluded.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 3 days (unless another deadline is stated in the respective offer).
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices and Payment Terms
All prices are inclusive of statutory VAT and exclude shipping costs. The shipping costs can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed. The following payment methods are available:
- Credit Card
- PayPal
- Apple Pay/ Google Pay
§ 4 Delivery
Delivery will be made to the address provided by you. The standard delivery time is up to 5 business days within Germany and 10 business days for other European countries, from shipment date.
Delivery times are estimates and may vary depending on the destination and external factors beyond our control.
The company reserves the right to ship the order within 5 days after order confirmation.
§ 5 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) The following applies to entrepeneurs, as it does to consumers: the goods will only be shipped once full payment for the order has been received. Until fullpayment is made, the order will not be processed or dispatched. This condition applies to all transactions, regardless of the chosen payment method. In case of delayed payment, we reserve the right to suspend or cancel the order until full funds are received.
§6 Right of Withdrawal
Consumers have a 14-day right of withdrawal. For more information, please refer to our Withdrawal Policy.
§ 7 Warranty and Liability
(1) The statutory rights for defects (warranty rights) apply in accordance with the applicable laws.
(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the shipping service provider as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only
considered agreed if you were informed of the same by us before the contract declaration was
made and the deviation was expressly and separately agreed between the contracting parties.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer’s country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law are. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer information
1. Identity of the seller
Mademoiselle Chemsi // Sofia Alaoui Ismaili (sole proprietor)
Zinnowitzer Straße 3, 10115 Berlin
Germany
Telephone: 00491785525172
Email: soalaoui@mademoisellechemsi.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/odr and https://ec.europa.eu/consumers/odr
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser’s print function. After we receive your order, the order details, the legally required information for distance selling contracts, and the general terms and conditions will be sent to you again via email.
3.3. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, for example by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Statutory liability law for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions
(Part I).
General terms and conditions and customer information were created by lawyers specializing in IT law and are constantly checked for legal compliance.