A. General Terms and Conditions of Business (B2C)
1. AREA OF APPLICATION
(1) These Terms and Conditions of Business of ETERNA mode GmbH (hereinafter referred to as ETERNA) apply to all contracts entered into by a consumer (hereinafter referred to as Customer) with ETERNA pertaining to goods displayed in its online shop.
(2) ETERNA´S Terms and Conditions of Business apply exclusively. The Customer´s deviating, cont-radictory or supplementary General Terms and Conditions of Business only become part of the contract if ETERNA has expressly consented to their validity. This requirement for consent applies in every case, also and in particular if ETERNA, being aware of the Customer´s General Terms and Con-ditions of Business, makes deliveries to the Customer without reservation.
(3) Consumer is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to his/her commercial activity nor to his/her self-employed activity (Article 13 BGB German Civil Code). Entrepreneur is a natural person or a legal entity or a business partnership having a legal capacity, which acts in the course of its commercial or self-employed activity in conclu-ding the legal transaction (Article 14 BGB).
2. CONCLUSION OF CONTRACT
(1) The Customer can select from the range of ETERNA products and collect them in a virtual shopping basket by clicking the IN THE BASKET button. By clicking the BUY NOW button, the Customer places a binding order for the goods contained in the shopping basket. Before sending the order, the Customer can modify and view the data at any time, enabling them to recognise and correct any errors in their entries before placing the order. The order can only be placed and transmitted, however, if the Customer accepts these General Terms and Conditions of Business and adopts them into their order by clicking the button labelled I accept the General Terms and Conditions of Business and Data Protection Regulations.
(2) ETERNA shall confirm receipt of the order immediately by email. This confirmation of receipt of the order still does not represent a binding acceptance of the order and contains the contract text, these General Terms and Conditions of Business, the revocation instructions and the sample revocation form, plus the customer information.
(3) The purchase contract comes into force only through the transmission of a confirmation of order by ETERNA at least in text form (e.g. email). The Customer must ensure that the email address specified by them for the order completion is correct, so that he can receive emails sent by ETERNA to this address. In particular, the Customer must ensure if he uses spam filters that all emails sent by ETERNA or by third parties assigned by ETERNA to complete the order can be delivered.
3. GOODS AVAILABILITY
ETERNA makes sure that the indicated quantities correspond to the actual stock. However, in excepti-onal circumstances beyond our control (e.g. goods out of stock), deviations may occur. In these excep-tional cases the following applies:
(1) If the product selected by the Customer is not available at the time of ordering, ETERNA shall inform the Customer of this fact immediately in the confirmation of order. If the product is permanently unavailable, ETERNA shall refrain from declaring acceptance. A contract does not come into force in this case.
(2) If the product designated by the Customer in the order is only temporarily unavailable, then ETERNA shall likewise inform the Customer of this fact immediately in the confirmation of order. In the case of a delivery delay exceeding two weeks, the Customer has the right to withdraw from the contract. ETERNA is also entitled in this case to release itself from the contract. ETERNA shall hereby immediately refund any payments already made by the Customer.
4. PRICES, SHIPPING COSTS AND DELIVERY
(1) Prices, delivery costs and shipping costs, other costs
The prices stated by ETERNA are total prices and include VAT at the legally stipulated rate. Any additi-onal delivery and shipping costs shall be indicated separately. ETERNA draws your attention to the fact that, in the case of international deliveries, further costs may be incurred for which ETERNA is not responsible and which must be borne by the Customer. These include, for example, bank charges for the transfer of funds (e.g. bank transfer charges, exchange rate fees) or import duties.
(2) Delivery
ETERNA ships to the following countries: Germany, Austria, Switzerland, Belgium, Ireland, Luxem-bourg, the Netherlands, Denmark, Spain and the United Kingdom. The delivery times indicated below may be longer in case of unavailability of the products (see above 3. Goods Availability).
(a) Deliveries within Germany
(aa) For deliveries to Germany, shipping costs are charged per order depending on the order value. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 2-3 working days, starting in the case of the means of payment ‘payment on invoice’ with the receipt by the Customer of the confirmation of order. In the case of other means of payment, the delivery time starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(b) Deliveries to Austria
(aa) For deliveries to Austria, shipping costs are charged per order depending on the order va-lue. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 4-5 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(c) Deliveries to Switzerland
(aa) For deliveries to Switzerland, shipping costs are charged per order depending on the order value. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 8-10 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(d) Deliveries to Belgium
(aa) For deliveries to Belgium, shipping costs are charged per order depending on the order va-lue. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(e) Deliveries to Ireland
(aa) For deliveries to Ireland, shipping costs are charged per order depending on the order va-lue. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 6-7 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(f) Deliveries to Luxembourg
(aa) For deliveries to Luxembourg, shipping costs are charged per order depending on the order value. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(g) Deliveries to the Netherlands
(aa) For deliveries to the Netherlands, shipping costs are charged per order depending on the order value. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(h) Deliveries to France
(aa) For deliveries to France, shipping costs are charged per order depending on the order va-lue. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(i) Deliveries to Spain
(aa) For deliveries to Spain, shipping costs are charged per order depending on the order value. These costs are €5 for order values up to €100; free delivery for orders over €100.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
(j) Deliveries of individual custom-made articles (ETERNA shirt configurator)
(aa) The shipping costs for deliveries of individual custom-made articles manufactured with the ETERNA shirt configurator depend on the destination of the shipment. To that extent you are referred to the regulation 4. (2) (a) - (j) of these General Terms and Conditions of Business.
(bb) A delivery time of 4 to 6 weeks applies to individual custom-made articles manufactured with the ETERNA shirt configurator. This period starts in the case of the means of payment ‘payment on invoice’ on receipt of the confirmation of order by the customer; for other means of payment it starts only after receipt of the money by ETERNA.
5. TERMS OF PAYMENT
(1) Methods of payment
Payment can be made in accordance with the following conditions by credit card (VISA, Mastercard), by pre-payment, on invoice or through the payment service PayPal.
(2) Payment by credit card and by pre-payment
When ordering with a credit card, the Customer must also be the holder of the credit card. When ma-king payment by credit card, the account and credit card data are transmitted via a 128-bit encrypted SSL connection. The data is passed on to the financial institution for the debiting of the amount due. In case of payment by credit card the goods are dispatched after successful debiting of the credit card and in the case of pre-payment after full receipt of the payment.
(3) Payment on invoice only within Germany
(a) The delivery address, the house address and the invoice address must be identical and must be located within Germany. The invoice amount becomes due for payment on receipt of the invoice.
(b) (b) In case of payment on invoice, ETERNA checks and evaluates the data supplied by the Customer and, if there is a justified reason, exchanges data with credit reference agencies and if necessary with Creditreform Rosenheim Karl KG, Oberaustrasse 14, 83026 Rosenheim as well as CEG Consumer Reporting GmbH, Hellersbergstr. 11, 41460 Neuss.
(4) PayPal
(a) PayPal is an online payment service, with which the Customer can pay securely, simply and quickly. The PayPal account is free of charge for the Customer.
(b) The Customers bank account or credit card data are held only by PayPal. Therefore they are not sent over the Internet again with each online purchase that makes PayPal payments particularly secure. In addition, the Customer pays very simply with just two clicks, because the Customer makes use of their bank account or credit card data held by PayPal instead of entering them again every time he makes a purchase. Since PayPal payments are received quickly, ETERNA can dispatch the goods without delay. Further information about PayPal can be found at https://www.paypal.com.
6. RETENTION OF TITLE
The goods remain the property of ETERNA until full payment has been received.
7. WARRANTY FOR DEFECTS
The legal warranty laws apply to all ETERNA goods.
8. APPLICABLE LAW
The laws of the Federal Republic of Germany exclusively apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the guaranteed protection is not withdrawn by compulsory regulations contained in the laws of the state in which the consumers normal place of abode is located.
B. RIGHT OF REVOCATION OF THE CONSUMER
1. RIGHT OF REVOCATION
REVOCATION INFORMATION
You have the right to revoke this contract within thirty days without giving a reason.
The revocation period is thirty days, starting from the day on which you or a third party designated by you, who is not the freight forwarder, took possession of the last goods.
In order to exercise your right of revocation, you must inform us
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Telefon: (+34) 900494610
Fax: (+49) 0851 9816 465
E-Mail: service@eterna-outlet.com
of your decision to revoke this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You can use the attached sample revocation form, but this is not compulsory.
For adherence to the revocation period it is sufficient to send the notice declaring the exercising of your right of revocation before the expiry of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke this contract, we must refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs incurred because you selected a method of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within thirty days from the day on which we received your notice of revocation of this contract. For this refund we shall use the same method of payment that you used for the original transaction, unless something different was expressly agreed with you; in no case will fees be charged to you for this refund. We can refuse the refund until we have received the goods again or until you have furnished proof of returning the goods, whichever occurs first.
You must send back or hand over the goods to us without delay and in any case at the latest within thirty days after informing us of the revocation of this contract. For adherence to this thirty-day period it is sufficient to dispatch the goods before expiry of the period.
We bear the cost of the return of the goods.
You shall be responsible for any depreciation of the goods only if this depreciation is to due to handling them in a way that was not necessary in order to check the condition, characteristics and method of function of the goods.
A right of revocation does not exist, however, in the case of contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Article 312g Section 2 No. 1 BGB German Civil Code).
To that extent the consumer has no right of revocation in the case of a delivery of these individually custom-made shirts (ETERNA shirt configurator).
2. SAMPLE REVOCATION FORM
If you wish to revoke the contract, please complete and return this form.
To
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Fax: (+49) 0851 9816 465
E-Mail: service@eterna-outlet.com
I/we (*) hereby revoke the contract entered into by me/us (*) for the purchase of the following goods (*)/for the rendering of the following services (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if sending a notice on paper)
Date
------------------------
(*) delete where inapplicable.
C. CUSTOMER INFORMATION
1. INFORMATION ON THE IDENTITY OF THE VENDOR
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Chief Executive Officer: Fritz Terbuyken, Dirk B. Heper
Telefon: (+34) 900494610
Fax: (+49) 0851 9816 465
E-Mail: service@eterna-outlet.com
Register of Companies: Passau Court of Registration
Register number: HRB 6981
VAT Reg. No.: DE 250408680
2. INFORMATION ON THE ESSENTIAL FEATURES OF THE GOODS OR THE SERVICES
The essential features of the goods or the services arise from the respective product description published by ETERNA.
3. INFORMATION ABOUT THE TECHNICAL MEANS TO RECOGNISE AND CORRECT ENTRY ERRORS
Before sending the order, the Customer can modify and view the data at any time, enabling them to recognise and correct any errors in their entries before placing the order. The correction is made by means of the usual keyboard and mouse functions.
4. INFORMATION ABOUT THE COMING INTO FORCE OF THE CONTRACT
The coming into force of the contract was described in the General Terms and Conditions of Business of ETERNA (see A. 2.).
5. INFORMATION ABOUT THE INDIVIDUAL STEPS LEADING TO CONCLUSION OF THE CONTRACT
The following technical steps must be executed so that the Customer can place their order in the online shop:
(1) Placement of the desired article into the virtual shopping basket (In the basket).
(2) Clicking the My basket button.
(3) Logging on in the ETERNA online shop, provided a user account already exists, by means of entering a User name and Password or, if a user account does not yet exist, registration and opening of a customer account; there is also the possibility to order as a guest, i.e. without registration.
(4) Entry of an invoice address and, if different, a delivery address.
(5) Selection of the desired method of payment.
(6) Summary of the order data.
(7) Transmission of the order as a binding offer of the Customer by means of clicking the BUY NOW button.
(8) The acceptance of the Customer‘s order by ETERNA take places in accordance with A. 2. (4) General Terms and Conditions of Business of ETERNA.
6. INFORMATION ON THE STORAGE OF THE CONTRACT TEXT
After the order is placed via the ETERNA online order form, the contract text is storage by ETERNA and sent to the Customer after the sending of their order (together with the General Terms and Conditions of Business of ETERNA, the revocation instruction, the sample revocation form and the customer information) in text form by email to the email address indicated by the Customer. In addition, the contract text is archived on the ETERNA homepage and can be retrieved free of charge by the Customer via their password-protected user account by entering the appropriate login data, provided the Customer has such a user account. Otherwise the contract text cannot be retrieved by the Customer via the ETERNA homepage after dispatching their order.
7. INFORMATION ABOUT THE LANGUAGES AVAILABLE FOR THE CONCLUSION OF THE CONTRACT
The following languages are available for the conclusion of the contract: German, English, French, Dutch, Spanish, Danish.
8. INFORMATION ABOUT THE TOTAL PRICE OF THE GOODS OR SERVICES, SHIPPING COSTS AND OTHER COSTS
(1) The prices stated by ETERNA are total prices and include VAT at the legally stipulated rate. These can be taken from the respective product pages.
(2) ETERNA draws your attention to the fact that, in the case of international deliveries, further costs may be incurred for which ETERNA is not responsible and which must be borne by the Customer. These include, for example, bank charges for the transfer of funds (e.g. bank transfer charges, exchange rate fees) or import duties.
(3) The applicable shipping costs are given in A.4. (2) of the General Terms and Conditions of Business of ETERNA. These are also displayed to the Customer once again after clicking the My Basket button as well as in the summary of the order data and accordingly before placement of their binding order.
9. INFORMATION ON THE COSTS OF THE MEANS OF TELECOMMUNICATION USED FOR THE CONCLUSION OF THE CONTRACT
Only the costs of the simple use of the means of telecommunication are incurred. No further costs are incurred.
10. INFORMATION ON PAYMENT AND DELIVERY
(1) Payment takes place in accordance with A. 5. of the General Terms and Conditions of Business of ETERNA.
(2) Delivery takes place by post or courier service chosen by ETERNA (e.g. DHL) in accordance with A. 4. (2) of the General Terms and Conditions of Business of ETERNA.
11. INFORMATION ABOUT THE HANDLING OF COMPLAINTS
Customer complaints are processed directly and can be addressed to ETERNA using the contact data mentioned.
12. ONLINE DISPUTE REGULATION PLATFORM
The European Commission platform for online dispute resoluti on: https://www.ec.europa.eu/consumers/odr.