General Terms and Conditions
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is directed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Contract Partner, Conclusion of Contract, Correction Options
The purchase contract is concluded with Madame Moda.
By placing the products in the online shop, we make a binding offer to conclude a contract regarding these products. You may initially place our products in the shopping cart without obligation and may correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the products contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by e-mail.
3. Contract Language, Storage of Contract Text
The language(s) available for the conclusion of the contract: German.
We store the contract text on our systems; however, it is not accessible to you.
4. Delivery Conditions
4.1 Delivery Area
We deliver within Germany.
4.2 Shipping Costs
In addition to the stated prices, shipping costs of EUR 4.99 will be charged for standard shipping.
4.3 Delivery Options
We ship the products to the delivery address specified during the ordering process.
We only deliver by shipment. Unfortunately, self-collection of the goods is not possible.
We do not deliver to parcel lockers (Packstations).
5. Payment
The following payment methods are generally available in our shop.
Credit Card
You enter your credit card details during the ordering process. Your card will be charged immediately after placing the order.
Amazon Pay
In order to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A., 38 avenue J.F. Kennedy, L-1855 Luxembourg (“Amazon”), you must be registered with Amazon, authenticate yourself using your access data, and confirm the payment instruction. The payment transaction will be carried out by Amazon Pay within one banking business day after the order has been placed.
Amazon Pay may offer additional payment methods in the customer account to registered Amazon Pay customers selected according to its own criteria. However, we have no influence on the offering of these payment methods; any further individually offered payment methods concern your legal relationship with Amazon Pay. Further information can be found in your Amazon Pay account.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, authenticate yourself using your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. Further information is provided during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), you must be registered with Google, have activated the Google Pay function, authenticate yourself using your access data, and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. Further information is provided during the ordering process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”), we offer the following payment options. Unless otherwise stated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information is provided with the respective payment option and during the ordering process.
Invoice Purchase via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice may only be used by consumers.
Klarna may offer additional payment methods in the customer account to registered Klarna customers selected according to its own criteria. However, we have no influence on the offering of these payment methods; any further individually offered payment methods concern your legal relationship with Klarna. Further information can be found in your Klarna account.
Credit Card via Klarna
You enter your credit card details during the ordering process. Your card will be charged by Klarna immediately after placing the order. No address or credit check is carried out.
Instant Payment via Klarna
In order to pay the invoice amount via Klarna Instant Payment, you must have a Klarna account and a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction. No credit check is carried out for Instant Payment. Your account will be debited immediately after the order has been placed. Further information is provided during the ordering process.
PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself using your access data, and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. Further information is provided during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the offering of these payment methods; any further individually offered payment methods concern your legal relationship with PayPal. Further information can be found in your PayPal account.
6. Retention of Title
The product remains our property until full payment has been made.
7. Transport Damage
If goods are delivered with obvious transport damage, please report such defects to the carrier as soon as possible and contact us immediately. Failure to submit a complaint or make contact has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance company.
8. Warranty and Guarantees
8.1 Statutory Warranty Rights
The statutory warranty rights shall apply.
8.2 Guarantees and Customer Service
Information regarding any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
9. Liability
We shall always be liable without limitation for claims arising from damage caused by us, our legal representatives, or vicarious agents:
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in the event of injury to life, body, or health;
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in the event of intentional or grossly negligent breach of duty;
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in the case of guarantee promises, where agreed; or
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insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), through slight negligence by us, our legal representatives, or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
