TERMS & CONDITIONS OF THE SCHÖFFMANN TEXTILHANDEL UND VERTRIEBS GMBH

SCOPE / CONTRACT PARTIES

The following "Terms and Conditions" are valid for all economic relations and transactions inbetween you as a private customer and the "Schöffmann Textilhandel und Vertriebs GmbH" as operator and owner of the OLEANDA online store. The terms and conditions are relating in specific to the purchase of all items offered by the "Schöffmann Textilhandel und Vertriebs GmbH" in the OLEANDA online store. When forming a contract only the terms and conditions being valid at the time of the conclusion of the contract are of relevance. We define the status of a private customer in accordance with § 13 BGB.

OFFER / CONCLUSION OF CONTRACT

The presentation of the items in our online store does not represent a legally binding offer, but a non-binding online catalog. By clicking on the "BUY" button at the end of the checkout process and in accordance to § 145 BGB, you are placing a legally binding order over those items being listed in your shopping cart.

Conclusion of contract when paying via bank transfer:

After clicking the "BUY" button, you will receive an order confirmation via email. This order confirmation does not represent a legally binding acceptance of your order, but is only intended to inform you that we received your order. Shortly after, In a subsequent second email, you will receive your invoice and the relevant OLEANDA bank account information for the money transfer. In this moment and solely over those items being listed in the invoice, a contract of sale is reached. As soon as your order is being shipped to you from our warehouse, you will receive another email, the shipping confirmation. Please note that the payments via money order / bank transfer are due within 10 calender days upon receipt of the invoice.

Conclusion of contract when paying via credit card:

After clicking the "BUY" button and after having selected the payment option "Credit Card" , you will be asked to enter all relevant credit card informations. Your credit card will not be charged at this moment. After having concluded the checkout process you will receive an order confirmation via email. This order confirmation does not represent a legally binding acceptance of your order, but is only intended to inform you that we received your order. Your credit card will only be charged in the moment your order is leaving our warehouse and solely for those items being shipped. At this moment you will receive a shipping confirmation via email with a list of the items being shipped and of which a contract of sale had been reached.

 

Conclusion of contract when paying with PayPal:

After clicking on the button "BUY" you will be send to the secure PayPal page and asked to enter your account/payment information. After confirming the payment to the Schöffmann Textilhandel und Vertriebs GmbH you will be send back to our Website. There you will see the confirmation that your purchase and payment had been successful - In this moment the conclusion of contract had been reached.

We reserve the right to fully reject an order or to limit an order to normal household quantities. In such cases we will notify you and refund any payments that already had been made immediately.

RIGHT OF REVOCATION / RETURNS POLICIES

RIGHT OF REVOCATION

According to the consumer´s right of revocation you can revoke your declaration of intent to conclude the contract  within 2 weeks (all purchases from inbetween the 01.12 and 24.12 can be returned until the end of the first calender week of the new year) in writing in form of a letter, fax, e-mail or via telephone. The revocation period begins with receipt of this note, however, not before arrival of your order (in case of a partial shipment, it is the first part delivery that arrives) and not prior to OLEANDA fulfilling its information obligation pursuant to article 246 § 2 BGB in conjunction with § 1 para. 1 and 2 EGBGB and all other obligations pursuant to § 312g para. 1 clause 1 BGB in conjunction with article 246 § 3 EGBGB. Simply returning the items without giving the notice of revocation in writing or via telephone shall not be sufficient to amount to compliance to the revocation period. You can use the sample form included in your shipment in order to send us a fax or letter. Unannounced returns will not be accepted.

Returns and notifications will have to be made to the following address:

Schöffmann Textilhandel und Vertriebs GmbH, Pommernstrasse 70, 65824 Schwalbach, Germany // Tel: +49 6196568039 // Fax: 06196/83354 // Email: service@oleanda.de

CONSEQUENCES OF REVOCATION

In case of an effective revocation, you are required to return all relevant products to us latest within 14 days and we are required to reimburse your prepayments within 14 days. This time perios begins for you with the posting of your revocation, for us with the reception of it. We do reserve the right to postpone the reimbursement until we have received and checked the returned items. In case you are unable to reimburse us either in total or partially for services and products received, or if the products are defective or worsened beyond the grade of a reasonable inspection, you are required to pay compensations. This doesn t apply if the worsening is due to an inspection and try-on as you would have been able to perform in a shop. You may prevent yourself from having to pay compensation, by not making use of the products in your possession and by considering basic hygiene regulations when trying them on and inspecting them. (see also:  "INFORMATIONS ABOUT THE RETURN AND EXCHANGE OF ITEMS"). Items with broken seals of hygiene can not be returned or exchanged. From within germany, any goods eligible for shipping will be returned at our expense and risk. Customers with a shipping address outside of germany will have to bear the regular costs and risk of a return shipment.

END OF THE INFORMATION ABOUT THE RIGHT OF REVOCATION

THE LEGAL EXCLUSION OF THE RIGHT OF REVOCATION

The right of revocation is not in effect for goods that had been made to customer specifications. Items with a broken seal of hygiene can not be returned or exchanged.

IMPORTANT INFORMATIONS ABOUT THE RETURN AND EXCHANGE OF ITEMS

Please note that the originally attached manufacturers hang tag is an essential valueable component of every product and can not be removed at any time if you want to return or exchange an item. Please note that due to the nature of the products and the fact that we can not resell them, hosiery items and nipple pasties are excluded from the possiblity of try-ons if you want to be able to return or exchange them. All items must be returned in a new condition and can not show signs of damage or deteroation. Products can not be washed or altered. For all items that had been tried on without the consideration of basic hygiene regulations and therefore being worsened or defective, you are required to pay compensations. In order to avoid that, we would kindly like to ask you to always perform the try-on of bottoms of any kind on top of worn underwear. Items with broken seals of hygiene can not be returned of exchanged. Please return all items in their original manufacturers packaging and the OLEANDA outer packaging for a maximum in transport protection.

Free Returns & Exchanges from within Germany:

In case you should make use of your 14 days right of revocation (all purchases from inbetween the 01.12 and the 24.12 can be returned until the end of the first calender week of the new year) from within germany, we offer you our free of cost DHL Return-service. This way, a return or the exchange of an item into another size or colour is at no extra cost for you. Just fill out the enclosed return note, put the DHL-Sticker on the package and send it back to us. In case of an exchange please check our online store for the availability of the alternative size or colour before filling out the enclosed return note. Please note that only when using our DHL Return-service, the return shipment will be free of cost and risk for you. Should you decide not to use our service, please understand that we will neither accept nor process any packages that had been send to us insufficiently stamped and that you will have to bear the extra costs. If you decide for another carrier than ours you will have to make sure that the package is sufficiently stamped and insured. We can not be held responsible for any damages and losses.

Returns & free of cost 2nd shipments in case of an exchange for all other countries (except Zone 3):

Please understand that customers with a shipping address outside of germany will have to bear the regular costs and risk of return shipments and possible import taxes. In case of an exchange of an item into another size or colour, the second shipment is free of cost for you no matter where you live (except countries of Zone 3 - US / CA / AU / AE - and possible 2nd customs and taxes for customers outside of the EU). In case of an exchange, please check for the availability of the alternative size or colour of an item in our online store, prior to filling out the return note that is enclosed to every package. Please note that we can neither accept nor process packages that are send insufficiently stamped and that you will have to bear the extra costs. Please make sure that the package is sufficiently stamped and insured when sending it to us. We can not be hold liable for any damage or losses.

Refunds:

After having received and examined the returned goods, we will refund your money. After processing, you will receive the refund over the paid amount into your bank- or credit card account as well as an email with the refund information in a printable PDF format. When having paid with a credit card, the refund will be send to the corresponding credit card account. Should you have paid via money transfer or C.O.D. (Cash on delivery) , please write down your bank account information on the return note that is enclosed to every package. C.O.D. fees will not be refunded. Should you have paid via PayPal, all refunds will be made to the Paypal account that had been used to make the purchase. The part of a payment that had been done with an Oleanda voucher respectively Oleanda-balance, will be handed out again as a voucher and in no case be paid out in cash. All other amounts will be processed as a normal refund. Please understand that we can not refund any kind of customs charges or taxes that might have occured when having used a shipping address outside of the EU.

Warranty, Claims & Complaints , Transport damages, Limitations of liability:

The legal warranty rights apply. All products are checked for damages and send to you in mint / immaculate condition. Nevertheless, should you experience a problem with one of our products please contact our CUSTOMER SERVICE immediatly. We always strive for a maximum in customer satisfaction. In the proofen case of an incorrect delivery (wrong product, size, or colour)  we will cover the costs of a return shipment for all our customers. Should the package be damaged upon arrival, please file a complaint to the DHL delivery personnel, refuse the acceptance of the package and contact our customer service. Please check the shipment for completeness, correctness and damages upon arrival. In the case of non-observance the right of revocation is not precluded. In case of justified complaints, the Schöffmann Textilhandel und Vertriebs GmbH is obliged to either perform a subsequent improvement or replacement. If we are not capable to perform either a subsequent improvement or replacement, you are entitled to a reduction or withdrawal. In case of a negligent breach of duty our liability as well as the liability of our agents is limited to the foreseeable, direct average damage typical for the contact. In the case of slightly negligent breaches of duty of non significant contractual duties which does not endanger performance of the contract our liability and that of our vicarious agents is excluded. Oleanda Dessous respectively the Schöffmann Textihandel und Vertriebs GmbH can not be hold liable for damages that have not been caused to the delivery item itself as well as for claims for compensation of lost profits or other financial losses of any kind. The here mentioned limitations of liability do not affect your claims from the product liability or regular warranty. Furthermore the liability limitations are not valid for bodily and health injuries attributable to us or in case of a loss of live in due to intent and gross negligence of "Schöffmann Textilhandel und Vertriebs GmbH". We shall only be liable for our own contents on our website. We are not liable for the contents of websites of third parties that are accessable from our website or to our website by the means of hypertext links. If it comes to our attention that the content of any of those sites is unlawful, we will block the access to them via OLEANDA.DE immediatly.

Customs duties:

Should your shipping address be outside of the european economic area (EEA) you may be subject to customs charges, import duties and taxes depending on the total amount of your purchase and your countries import regulations. Any such additional charges must be met by you, since we have no control over what these charges are. Please contact your local customs office in the relevant jurisdiction for further information on customs policies or duties.

PRICING / DELIVERY DATES & SHIPPING / PAYMENTS

Pricing: 

If our prices are shown including or excluding the value added tax of 19% percent is depending on the homecountry you are entering when opening an account with us. Should you visit our website without being logged in as a registered customer, prices will be shown including the value added tax of 19% percent.

Delivery dates & Shipping:

All items we offer in our store are in stock and will be made ready for shipment the same day of the receipt of your payment. Delivery timescales / dates specified on the website, order confirmation or any other form have to be understood as estimates only for deliveries within germany for which we can not be hold liable in respect of delays. When ordering multiple items with different delivery dates - for example 2 Days and 7 Days - the longer time period applies. In the extraordinary case of a delay, you will be contacted by us via email immediatly. Shouldn´t we be able to deliver an ordered item within a time period of 30 days, the corresponding amount will be refunded if the payment had been done by money transfer. Delivery timescales to other countries may vary due to possible delays caused by your local customs office. We can not be hold liable for those delays. We are delivering with our logistic partner DHL to traceable shipping addresses and DHL Postboxes.

Payments:

We do accept payments via "Credit Card" (Visa, Visa Electron, Mastercard, American Express), the payment method "Bank Transfer" in which case the payment is due within 10 calender days upon receipt of the invoice, via C.O.D. (Cash on delivery) and Paypal. One order can not be paid with multiple credit cards. We will only charge your credit card once your order had been shipped. We reserve the right to exclude single payment options for specific countries and customers. Please visit our information page "PAYMENT METHODS" and read the above listed paragraph "CONCLUSION OF CONTRACT" for further informations.

We also accept Oleanda-vouchers issued by us as a valid payment option. In no case, vouchers respectively Oleanda-balance will be paid out in cash.

RESERVATION OF OWNERSHIP

We retain title of ownership to the delivered goods until the purchase price has been paid in full to the "Schöffmann Textilhandel und Vertriebs GmbH".

INFORMATIONS ABOUT THE ONLINE DISPUTE RESOLUTION PLATFORM OF THE EU COMMISSION - ODR PLATFORM

Starting from the 15.02.2016, the european commission is providing an internet platform (the so called ODR Platform) to solve disputes that may arrise from possible contractual duties of online purchasing contracts, extrajudicial / amicably online. You can find the online dispute resolution platform by clicking on the following hyperlink:   http://ec.europa.eu/consumers/odr   -   Our email adress is:  service@oleanda.de

FINAL PROVISIONS

The law of the Federal Republic of Germany applies only. The terms of the UN Sales Convention do not apply. Should separate provisions of these terms and conditions be or become invalid, the vailidity or practicability of the remaining provisions are not affected thereby. The invalid provision shall be replaced by a legally valid provision with the same effect. In case the customer has no place of general jurisdiction in germany, or has transferred his place of residence or habitual abode to a country other than germany after the conclusion of the contract, or if the customers residence or habitual abode is unknown when the legal action is being filed, our place of business shall be the exclusive place of jurisdiction for any dispute and claims arising from this contract.

OLEANDA © 2018

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