§ 1 SCOPE OF APPLICATION

(1) The following Terms and Conditions shall apply in the latest version to all orders and contracts made by BETTINA SCHOENBACH DESIGN GmbH (hereinafter “SCHOENBACH” or “we”) and its clients (private persons of full age, hereinafter “consumer” or “customer” according to §13 BGB/German Civil Code). We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

(2) SCHOENBACH operates an online shop at the internet address www.bettinaschoenbach.com (the "Website"). The online shop is intended only for consumers according to §13 BGB/ German Civil Code.

(3) Consumer refers to any natural person who concludes a legal transaction for a purpose not related to his/her work in a commercial or self-employed capacity.

§ 2 CONTRACTS

(1) Contractual Partner is

BETTINA SCHOENBACH DESIGN GmbH Neue ABC-Straße 1, 20354 Hamburg, Germany

Tel.: +49 (0)40 89 700 778

Fax: +49 (0)40 89 700 776

E-Mail: fashion@bettinaschoenbach.com

Amtsgericht Hamburg, HRB 90840

VAT Registration Nr.: 236230273

Managing Director: Bettina Schoenbach

(2) The presentation of products on our Website does not constitute any offer by bettinaschoenbach.com for a purchase contract.

(3) By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "buy". Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

(4) On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (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.

(5) A purchase contract between you and bettinaschoenbach.com will become effective only after we have accepted 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.

(6) bettinaschoenbach.com 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.

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.

CANCELLATION POLICY

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform us, Bettina Schoenbach Design GmbH, Neue ABC-Straße 1, 20354 Hamburg, Germany, fashion@bettinaschoenbach.com, Phone +49 40 89 700 778, Fax: +49 40 89 700 776, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email).

It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

CONSEQUENCES

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 21 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality. 

§ 4 VOLUNTARY RETURNS RIGHT

(1) In addition to your legal right of return, bettinaschoenbach.com also offers the following voluntary right of return:

All of the items featured on bettinaschoenbach.com can be returned to bettinaschoenbach.com within 30 days of receipt.

The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags attached.

(2) Return shipments

(2.1) All return shipments will be on customers expense, if the following provisions are complied with.

(2.2) All return shipments are made solely using the same service as the original delivery (DHL or UPS) using the way bill or return sticker that is enclosed in the original package. The necessary documents and instructions for returning items will be enclosed in your package.

(2.3) Please note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to Italy, for instance, we can only accept a return from Italy.

(2.4) In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.

(2.5) Please send all returns to:

Bettina Schoenbach Design GmbH, Neue ABC-Straße 1, 20354 Hamburg, Germany, fashion@bettinaschoenbach.com

(3) If you have questions regarding our returns policy, please contact a customer service representative: E-Mail: fashion@bettinaschoenbach.com

Phone: +49 40 89 700 778

Fax: +49 40 89 700 776

This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.

§ 5 PRICES; PRODUCTS PRESENTATION; AVAILABILITY

(1) The prices stated on our website bettinaschoenbach.com at the time of your order apply.

(2) The goods offered at bettinaschoenbach.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

(3) If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

§ 6 STORAGE OF CONTRACT DATA

We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "buy" button and your credit card details have been verified.

§ 7 SHIPPING & DISPATCH

(1) Your package will be shipped with either DHL or UPS, depending on the final destination. In Germany, you may choose DHL Standard, DHL Express, UPS Express, or UPS Standard as your preferred shipping method.

(2) The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise, delivery will be made within 1 to 10 business days to the shipment address specified by customer, 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.

(3) Deliveries to non-EU destinations

(3a) Deliveries to Switzerland based on experience, deliveries to Switzerland take 2 to 10 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 as well as customs and handling charges, but are exclusive of German value-added tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

(3b) Deliveries to Japan based on experience, deliveries to Japan take 3 to 10 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 Japan as well as customs and handling charges, but are exclusive of German value-added tax.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

(3c) Deliveries to the USA based on experience, deliveries to the USA take 2 to 10 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.

In case of a return, customs duties and handling fees can be refunded only as a voucher.

(3d) Deliveries to other destinations  Based on experience, deliveries to countries liable to customs duties take 2 to 10 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 DHL 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: fashion@bettinaschoenbach.com. Please note that you will be responsible for any banking charges as may be incurred in foreign countries.

In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.

(4) Shipping charges

Destination / CarrierShipping costs / Shipping times

Shipping charges

Germany / DHL Standard 12.00 EUR / 2-5 business days

Other EU destinations & UK / DHL Standard  17.00 EUR / 2-5 business days

US & Japan / DHL Standard 60.00 EUR / 5-10 business days

Other destinations / DHL Standard  36.00 EUR / 2-5 business days

§ 8 PAYMENT; DEFAULT IN PAYMENT; SETOFF; RIGHT OF RETENTION

(1) Accepted methods of payment

Please pay for your bettinaschoenbach.com order in Germany by:

    Wire Transfer

    VISA

    Mastercard

    American Express

    Direct Banking

All payments will be handled in euro currency. 

(2) Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

(3) Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

§ 9 RETENTION OF TITLE

The goods delivered remain property of Bettina Schoenbach Design GmbH until full payment has been made.

§ 10 INQUIRIES, COMPLAINTS

For any inquiries about your order or complaints, please contact our Customer Care Team:

E-Mail: fashion@bettinaschoenbach.com

Phone: +49 40 89 700 778

Fax: +49 40 89 700 776

§ 11 WARRANTY

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.

§ 12 LIABILITY

(1) We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

(2) Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

(3) To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

(4) Any exclusion or limitation of the liability of bettinaschoenbach.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

§ 13 GOVERNING LAW, SEVERABILITY

(1) All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

(2) If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

PRIVACY POLICY

Liability for Content 

We make every effort to keep the information on our Web site current, but accept no liability whatsoever for the content provided. Pursuant to §7 par. 1 of TMG (German Tele-Media Act), the law limits our responsibility as a service provider to our own content on these Web pages. 

According to §§8 to 10 of TMG, we are not obligated to monitor third party information provided or stored on our Web site. However, we shall promptly remove any content upon becoming aware that it violates the law. Our liability in such an instance shall commence at the time we become aware of the respective violation. 

Liability for Links 

Our site contains links to third-party Web sites. We have no influence whatsoever on the information on these Web sites and accept no guaranty for its correctness. The content of such third-party sites is the responsibility of the respective owners/providers. 

At the time third-party Web sites were linked to ours, we found NO GROUNDS WHATSOEVER of any likely contravention of the law. We shall promptly delete a link upon becoming aware that it violates the law. 

Copyrights 

The content and works provided on these Web pages are governed by the copyright laws of Germany. Duplication, processing, distribution, or any form of commercialization of such material beyond the scope of the copyright law shall require the prior written consent of its respective author or creator. 

Data Protection 

Please be aware that there are inherent security risks in transmitting data, such as e-mails, via the Internet, because it is impossible to safeguard completely against unauthorized access by third parties. Nevertheless, we shall safeguard your data, subject to this limitation. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third-party rights, unless the respective party has given its prior consent in view of such security risks. Accordingly, as the Web site provider, we shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part. 

We oppose the use of any available contact information by a third party for sending unsolicited advertisements. As the Web site provider, we reserve the express right to take legal action against unsolicited mailing or e-mailing of spam and other similar advertising materials. 

Collection and use of personal data 

When ordering in our online shop, we collect and implement your personal data in order to finalize the order process. Your data will be transmitted to third parties only as required to perform the contract or for billing purposes (e.g., carriers, payment service providers, banks). We also collect and use the data you submit to us when using the contact form, for the purpose of processing your inquiries. Further, we collect address data for our own marketing purposes. You may object to any such use, of your personal data for marketing purposes at any time by notice via post, fax, or email to fashion@bettinaschoenbach.com 

In subscribing for our newsletter you agree that Bettina Schoenbach Design GmbH, Neue ABC-Straße 1, 20354 Hamburg may use the data you entered to inform you by e-mail about our products. You may revoke your consent at any time with effect for the future, either by written notice to Bettina Schoenbach Design GmbH, Neue ABC-Straße 1, 20354 Hamburg or by email to fashion@bettinaschoenbach.com. You may also unsubscribe from any newsletter via the link provided at the end of each newsletter. We transfer your data to our service providers only for data administration and hosting purposes.