Terms and Conditions
Please read the following terms and conditions of sale carefully before ordering Goods from us. You should print a copy of these terms and conditions for future reference.
In these terms, "you" and "your" refer to the customer and "we", "us" and "our" refer to APASSIONATA World GmbH (registered in the trade register of the district court Charlottenburg under Company Number 87915 B having its registered office at Kantstrasse 24, 10623 Berlin, Germany) as owner of the “ shop.apassionata.com” and “apassionatashop.com”. "Goods" are goods listed on our Website shop.apassionata.com or www.apassionatashop.com ("Website"); and "purchase Contract" is the contract between you and us in respect of the sale of Goods via the website
APASSIONATA World GmbH can be contacted by mail at firstname.lastname@example.org or via post:APASSIONATA World GmbH, Kantstrasse 24, 10623 Berlin, Germany.
1. ORDER ACCEPTANCE
1.1. After placing an order through this Website, you will receive an email from us acknowledging that we have received your request to place an order. This acknowledgment does not constitute a contract of sale but merely an indication that your offer has been received by us.
1.2 A contract for the sale of Good(s) you order from us is only created once we have e-mailed you confirmation that your order has been packaged and/or dispatched. Each time you make a purchase of Goods via our Website, you enter into a Contract with us. If you buy a number of Goods in the same order to be delivered to the same address, the Contract shall cover all the Goods in that order. If you order Goods to be delivered to different delivery addresses, there shall be a separate Contract in place in respect of each delivery address and each Contract shall cover all the Goods being delivered to that address.
1.3 The goods remain in our property until complete payment.
1.4 All orders are subject to availability and acceptance by us (confirmed by the email mentioned in Clause 1.2 above). In case of unavailability we are not obliged to deliver. We will inform you as soon as possible and refund payments already done. We may be able to deliver immediately an item which is equivalent in quality and price.
1.5 We will not be legally bound by any factual or typographical errors on the Website (including these Terms and Conditions, our Privacy), or other promotional materials.
1.6 To the full extent permitted by law, we reserve the right to refuse any order made by you for whatever reason.
2.1 Since you ordered a voucher you’ll receive two Emails. One is the confirmation of your order and in the other one you’ll find a voucher-code.
2.2 In case of cancellation or return a purchase of a voucher applies No. 6 of this terms and conditions. Partially or full redeemed vouchers are excluded of any returns.
2.3In case of cancellation or return goods you paid with a valid voucher applies No. 6 of this terms and conditions. As counter-value you’ll receive a new voucher to the value of the returned goods.
2.4 A payment of a partial or remaining amount of a voucher is basically not possible.
3. SERVICE AVAILABILITY
3.1 We only accept orders from persons from the European Economic Area (“EEA”) and from Switzerland.
3.2 Some restrictions may be placed on orders from certain countries at any given time. For full details of such restrictions at the time of placing an order from this Website, kindly contact us at email@example.com.
3.3 By placing an order through this Website you warrant that you are resident in one of the Serviced Countries.
4. PRICE AND PAYMENT
4.1 The price of the Goods available for purchase shall be shown on the Website.
4.2 Prices are subject to change without prior notice but any such changes will not affect orders which we have already been accepted (as confirmed by the e-mail mentioned in Clause 1.2).
4.3 Prices include VAT but exclude delivery charges.
4.4 Delivery charges depend on the Serviced Country in question and will only be indicated immediately before placing an order. Please consult our Delivery Details page for more information.
4.5 The full price you will pay for the Goods is the price in the e-mail according to Clause 1.2 (which includes VAT and delivery costs).
4.6 Payment shall be made by you by the mean specified on the Website and shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the email mentioned in Clause 1.2.
4.7 Payment for all Goods purchased from this Website shall be exclusively by credit or debit card. We accept payment with VISA or MASTERCARD. Also by Direct Bank Transfer to our Bank Accounts listed
4.8 If you are in default with the payment we reserve the right to charge default interests in the amount of 5 percentage points above base rate. We are entitled to transfer our claims in case of a default to the legal department for charging fee debt collection.
5.1. You shall be given an estimated time for delivery at the time your order is placed. If the Goods are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid. Where Goods become available for delivery at different times we reserve the right to deliver them in stages.
5.2 Once the Goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for example for the loss or destruction of the Goods once they have been delivered to you.
5.3. The average time for delivery to customers in Germany is between 2 - 5 working days from the dispatch date (unless there are exceptional circumstances)
5.4. The average time for delivery to customers in the European Economic Area outside of Germany is 5-7 working days from the dispatch date (unless there are exceptional circumstances).
5.5. We will not consider claims for lost dispatches before 28 working days have elapsed.
6. CANCELLATIONS AND RETURNS
6.1 You may cancel your order at any time prior to your order being processed/dispatched by clicking on the ‘cancel’ link next to the Good ordered on your account page on the Website. This method of cancellation incurs no administration fee and you will be entitled to a full refund.
6.2 Alternatively, you may cancel your order at any time prior to your order being processed/dispatched by telephoning number +49 30 225009 120 during normal office hours. This method of cancellation incurs no administration fee and you will be entitled to a full refund.
6.3 Once your order is processed/dispatched, it cannot be changed but the Goods may be returned to us in the manner described in our Cancellation Terms. Link: Cancellation Terms
7. INSPECTION AND ACCEPTANCE
7.1 In furtherance to the provisions of Clause 5 above, and without prejudice to your statutory rights, any claims for damage, shortage or errors in shipping must be reported within one (1) day following delivery to you. You shall have fifteen (15) days from the date you receive any Goods to inspect such Goods and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify us, in writing, of any defects, nonconformance or rejection of such Goods. After such fifteen (15) day period, you shall be deemed to have irrevocably accepted the Goods purchased from this Website, if not previously accepted. After such acceptance, you shall have no right to reject the Goods for any reason or to revoke acceptance.
7.2 You hereby agree that such fifteen (15) day period is a reasonable amount of time for such inspection and revocation. You shall have no right to order any change or modification to any Good or service previously ordered by you or your representatives or cancel any order without our written consent and payment to us of all charges, expenses, commissions and reasonable profits owed to or incurred by us. Specially fabricated items may not be canceled or returned, and no refund will be made. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement (if possible) of the merchandise subject to the manufacturer's inspection and warranty.
8.1. All promotions online are subject to removal without notice.
8.2. All promotions are on a "While Stocks Last" basis.
8.3. No purchase price is guaranteed until the order is dispatched.
9. LIABILITY AND DISCLAIMER
9.1 APASSIONATA World GmbH is fully committed to providing you with the best possible service and delivering to you the purchased Goods within the indicated time frames and in the best possible condition.
9.2 To the fullest extent permitted at law and except in respect of death and personal injury caused by negligence or intention on our part or on the part of our employees we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the Website, the supply of Goods or their use or resale by you, and our entire liability under or in connection with the contract.
10. Import Duty
10.1. If you order Goods from this Website for delivery outside Germany, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
11. Written communications
11.1 Applicable laws require that some of the information or communications We send to you should be in writing. When using this Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
12.1 We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Clause 11 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer of rights and obligations
13.1. The Contract between you and us is binding on you and us and on our respective successors and assigns.
13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1. Neither we nor you shall be liable to perform, or delay in performance of any of the obligations under a Contract that is caused by events outside of reasonable control ("Force Majeure Event").
14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the reasonable control of the respective party and includes in particular (without limitation) the following:
14.2.1. Strikes, lock-outs or other industrial action.
14.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
14.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.2.5. Impossibility of the use of the public or private telecommunications networks.
14.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
14.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. Everybody will use reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which the obligations under the Contract may be performed despite the Force Majeure Event.
15.1. If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 11 above.
16.1. If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16.2. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
17. Entire agreement
17.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1. We have the right to revise and amend these Terms and Conditions as well as other page on this Website from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
18.2. You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the dispatch confirmation referenced in Clause 1.2 above (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
19. After-sale service
19.1. Questions, comments or requests regarding these terms and conditions or our Goods should be addressed to: firstname.lastname@example.org
19.2. If you have any complaints these should be addressed in writing to APASSIONATA World GmbH, Kantstrasse 24,10623 Berlin, Germany, keyword “webshop”.