General Terms and Conditions In the following we would like to present you our General Terms and Conditions, which we apply for the provision of all services on www.ateliermonaco.de. We do not recognize terms and conditions of the customer that are contrary to or deviate from these terms and conditions, unless we have agreed to their validity in writing. This applies even if we deliver the goods without reservation in the knowledge of conflicting conditions of the customer.
1. Conclusion of Contract
1.1 A contract between you and ATELIER MONACO GbR is concluded when we send you the ordered goods. Silence or inactivity on our part does not constitute a contract. You make a binding offer to us to conclude a contract with us for the respective product by sending the order form provided on our website. By clicking the "Buy Now" button, you submit a binding order for the items in your shopping cart. We will confirm receipt of your order by e-mail immediately after you have sent it.
1.2 Please note that the delivery of the ordered goods will take place as soon as we have received payment of the full purchase price as well as any shipping costs. Therefore, we ask you to transfer the purchase price immediately upon receipt of the order confirmation, but within 7 days at the latest.
1.3 The sending of an order confirmation by us does not constitute a contract. ATELIER MONACO GbR is entitled to reject an offer without justification, in particular if there is reason to suspect that the goods purchased via our website are intended for commercial resale.
1.4 Your order data will be stored by us. You will receive a confirmation of your order by e-mail, which you can print out via your account.
2. Right of Withdrawal
2.1 Right of Withdrawal. According to § 312g Abs. 2 sentence 1 of the German Civil Code (BGB), there is no right of revocation for contracts for the delivery of goods that are not custom-made 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. In other cases, you have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken or has taken possession of the last item. To exercise your right of revocation, you must notify us (ATELIER MONACO GbR, Geiselgasteigstraße 120, 81545 Munich, Germany, service@ateliermonaco.de) in writing (e.g. by letter or e-mail) of your intention to revoke the contract. You can use the enclosed sample withdrawal form for this purpose, which is not, however, required. In order to comply with the withdrawal period, it is sufficient to send the notice of the exercise of the right of withdrawal before the end of the withdrawal period.
2.2 Consequences of Withdrawal. If you revoke this contract, we must reimburse you for all payments we have received from you, including the delivery costs (with the exception of any additional costs incurred as a result of your having chosen a delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received your notice of revocation. For this refund, we will use the same means of payment that you have used for the original transaction, unless something else was expressly agreed with you; in no case will you be charged for this refund. We may refuse to make the refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You are obliged to return the goods (in their original condition and with all accessories included in the scope of delivery) to us or to ATELIER MONACO GbR, Geiselgasteigstraße 120, 81545 Munich, Germany, without delay and at the latest within fourteen days of the day on which you informed us of your decision to cancel the contract. The deadline is met if you send the goods before the end of the deadline of fourteen days. You bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is attributable to handling of the goods which is not necessary for examining their quality, characteristics and mode of operation.
2.3 Annex: Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and return it to us.)
To:
ATELIER MONACO GbR
Geiselgasteigstraße 120
81545 Munich
Germany
service@ateliermonaco.de
Herewith I/we (*) revoke the contract concluded by me (*) concerning the purchase of the following goods (*)/the provision of the following services (*).
Ordered on (*)/Received on (*)
Name of the consumer
Address of the consumer
Signature of the consumer (only for paper communication)
Date(*)
Strike out anything that does not apply.
3. Delivery and Shipping
3.1 ATELIER MONACO GbR ships its products within Germany by DHL package or UPS standard. The transport risk is on the side of the sender. In all other countries the delivery is made by DHL, DHL Express or UPS Standard, UPSExpress.
3.2 For personalized items (made-to-order and made-to-measure items through the product configurator), as soon as the items have been produced (usually between 5-8 weeks), the goods will be shipped at the latest two days after completion. All ready-to-wear items, if available and marked accordingly, will be shipped within two days of your order. Unless otherwise agreed with you, delivery will be made from stock within one to five working days to the delivery address specified by you, depending on the choice of delivery method and place of delivery. However, possible obstacles, such as customs clearance, can lead to further delays.
3.3 Shipping costs
Shipping within Germany up to 100€ order value: 5,99 EUR.
National shipping over 100€ free.
Shipping within the EU up to 500€ order value: 16,99 EUR.
Shipping within the EU from 500 € order value free.
International shipping from 26,99 EUR.
For partial shipments, shipping costs are charged only once.
3.4. We point out that we bear the costs for the door-to-door transport, the insurance of the goods as well as all costs for accompanying documents. Any import tax as well as any customs duties. The recipient will be charged separately by the supplier. For all deliveries to third countries, the indicated prices of the articles are net prices. As the buyer, you are solely responsible for all costs incurred, such as taxes, duties and fees associated with the importation of the ordered items.
4. Payment and Return
4.1 In principle, we offer the payment methods prepayment, credit card and Paypal. We reserve the right not to offer certain payment methods and to refer to other payment methods. Any costs of a money transaction are to be borne by you.
4.2 In the case of a purchase by credit card, your credit card account will be charged by us upon dispatch of the order.
4.3 Any refunds will be made automatically to the account used by you for payment. In the case of payment by prepayment, the refund will be directed to the account from which the transfer was made. If you have paid by Paypal or credit card, the refund will be made to the associated Paypal or credit card account.
5. Default of Payment
5.1 We reserve the right to retain ownership of the goods until all payments arising from the customer relationship and the delivery contract have been received. In the event of conduct contrary to the contract on the part of the customer, in particular in the event of default in payment, we shall be entitled to take back the object of sale, which shall simultaneously constitute a withdrawal from the contract. After taking back the goods, we shall be entitled to dispose of them; the proceeds from the disposal shall be credited against the customer's liabilities - less reasonable disposal costs.
6. Legal liability for defects
6.1 The legal liability for defects applies.
7. Data Protection
7.1. All data processing is carried out in accordance with the statutory provisions. Accordingly, we have a separate privacy policy.
8. Liability
8.1 The customer's claims for damages are excluded. Excluded from this are claims for damages of the customer from the injury of the life, the body, the health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.
8.2 Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In case of violation of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this has been caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
8.3 The limitations also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
8.4 The provisions of the Product Liability Act remain unaffected.
9. Customer Service
9.1 If you have any questions, please contact us at service@ateliermonaco.de
10. Further information
10.1. The goods offered on www.ateliermonaco.de are shown in the form of digital product photographs on the basis of the corresponding real goods. Minor deviations between the representation and reality, e.g. in color or material structure, do not constitute a defect of the ordered goods.
10.2. We would like to draw your attention to the fact that the products offered on www.ateliermonaco.de may be out of stock or no longer available at the time of your visit to the website and that the corresponding prices may have changed. The prices indicated are in Euro and include VAT and exclude shipping costs.
10.3. You agree that partial deliveries may be made.
11. Choice of Law, Effectiveness, Place of Performance, Place of Jurisdiction
11.1 German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
11.2 Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.
11.3 Place of performance for all our obligations is Munich.
11.4 For all disputes between the parties - insofar as they are merchants - the exclusive place of jurisdiction shall be the courts competent for Munich.
ATELIER MONACO GbR
Geiselgasteigstraße 120
81545 Munich
Germany
service@ateliermonaco.de
USt-ID: DEXXXXXXXX