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Terms of service

General Terms and Conditions 


1. Preamble

1.1 These General Terms and Conditions (hereinafter "GTC") of des FILLES désir (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller about the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. 

1.2 A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal entity or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. 

 

2. Conclusion of contract

2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller but serve to submit a binding offer by the customer. 

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer about the goods contained in the shopping cart by clicking the button that concludes the ordering process. 

2.3 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be decisive, or by requesting payment from the Customer after the Customer has placed the order. 

If several of the alternatives exist, the contract shall be concluded at the time when one of the alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent. 

2.4 If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as a payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process. 

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e-mail) after the Customer's order has been sent. The Seller shall not make the text of the contract accessible beyond this. 

2.6 The contract language is English.

2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 


3. Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal. 

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy. 

3.3 The right of withdrawal does not exist, unless the parties have agreed otherwise, for contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. 

3.4 If a case of 3.3. exists, the customer can either choose another product or a voucher. If the buyer selects another product, the difference to the original product will be issued as a voucher. The customer bears the costs of the return shipment. Returned goods must be in perfect condition and must be registered as an exchange by emailing mail@desfillesdesir.com and returned within 14 days of receipt. The period begins from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. Returned goods must be sent to des FILLES désir, Adrian-Constantin Stoica, Windscheidstrasse 21, 40239 Düsseldorf, Germany.


4. Prices and terms of payment


4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. 

4.2 The payment options will be communicated to the customer in the online shop of the seller. 

4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date. 

4.4 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement -full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. 

4.5 If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in "SOFORT", must legitimize himself accordingly during the payment process and must confirm the payment instruction to "SOFORT". The payment transaction will be carried out immediately afterwards by "SOFORT" and the customer's bank account will be debited. More detailed information on the payment method "SOFORT" can be found by the customer on the Internet at https://www.klarna.com/sofort/. 

4.6 If a payment method offered via the "Shopify Payments" payment service is selected, the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: "Shopify"). The individual payment methods offered via Shopify will be communicated to the customer in the seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be pointed out to the customer separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.de/payments. 

 

5. retention of title
If the seller makes advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full. 


6. Liability for defects (warranty)
If the purchased item is defective, the provisions of the German statutory liability for defects shall apply. 


7. Choice of law, place of jurisdiction

This agreement shall be governed by and construed in accordance with German law and each party agrees to submit the jurisdiction of the courts having jurisdiction for the seller.

The seller shall have the right to bring a claim before a court at the buyer’s principal place of business or at his discretion before any other court being competent according to any national or international law.