Conditions d'utilisation

§ 1 Scope and Provider

(1) The General Business Relations apply to all orders placed with the online shop of CV Fashion UG (brand: chilli vanilli).

Contact:
Managing Director: Sebastian Fleischer
Email: service@chilli-vanilli.com

(2) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to companies for all future terms and conditions, even if they are not expressly agreed upon again. The inclusion of a customer's general business relationships that contradict our General Business Relationships is already being objected to. 

(3) Contract language at www.chilli-vanilli.com is German only.

§ 2 Conclusion of the contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods at the online shop.

(2) By clicking on the "Buy" button, you make a binding purchase offer (Section 145 of the German Civil Code).

(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (order confirmation). A binding contract is concluded upon receipt of the order confirmation. Please note that the delivery of the ordered goods will be made in advance (reservation) as soon as payment of the full purchase price as well as any shipping costs has been received by us. Therefore, we kindly ask you to make the transfer of the purchase price immediately after receipt of the order confirmation, but at the latest within 10 days.

(4) You can view the Terms and Conditions at any time under www.chilli-vanilli.com. For insight or information on past orders, please contact our customer service at service@chilli-vanilli.com or by phone.

§ 3 Prices

The prices stated on the product pages include the statutory value added tax and other price components and are understood to be plus the respective shipping Costs.

§ 4 Terms of Payment and Delay

(1) Payment shall be made optionally:

• Credit card (American Express, Visa and MasterCard),
• Paypal
• bank transfer

(2) When paying by credit card, the purchase price will be reserved on your credit card at the time of ordering ("Authorization"). The actual debiting of your credit card account takes place at the time when we ship the goods to you.

(3) If you are in arrears with payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the delay occurs, you will be charged at least a reminder fee of EUR 5, unless you can prove a lower damage.

§ 5 Set-off/Right of Retention

(1) You are only entitled to set-off if your counterclaim has been legally established or is not disputed by us.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 Delivery; Ownership

(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you have given. 

(2) The goods remain our property until full payment of the purchase price. 

(3) We offer express shipping for certain orders. You can see in the ordering process whether this option is offered for your particular order and the costs involved. The goods will be delivered within 1-3 working days. If this delivery time is exceeded, the delivery costs will be refunded.

(4) If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the following applies in addition: 

We reserve ownership of the goods until all claims arising from the current business relationship have been fully severed. Prior to the transfer of ownership of the reserved goods, pledging or transfer of security is not permitted. 

You may resell the goods in the ordinary course of business. In this case, you are already ceiving to us all claims in the amount of the invoice amount that you may have arising from the resale. We accept the assignment, but you are authorized to collect the receivables. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves. 

In the event of combination and mixing of the goods subject to retention of title, we shall acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title to the other processed items at the time of processing. 

We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. It is up to us to select the collateral to be released.

§ 7 Revocation Instruction

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. make the purchase for purposes that cannot be attributed primarily to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions, which differ for 

• non-personalized and 
• personalized products.

In advance, we would like to inform you that in the event of a return shipment within Germany, you can use the return label, which you must request via our customer service via servicce@chilli-vanilli.com. Please help us avoid unnecessary costs and do not return the goods without a return label. 

Please send our goods back to:

CV Fashion UG

Augsburger Straße 81

01277 Dresden

Germany

Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide sufficient protection against transport damage with appropriate packaging to avoid claims for damages due to damage caused by defective packaging. Please send us a short email at service@chilli-vanilli.com to announce the return. In this way, you enable us to assign the products as quickly as possible. 

Please note that the above modalities are not a prerequisite for the effective exercise of the right of withdrawal. 

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. 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 or has taken possession of the goods.

To exercise your right of withdrawal, you must contact the CV Fashion UG

Name / Company:

Address:

E-Mail:

by means of a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached withdrawal form, which is not required.

In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation

If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favourable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.

Withdrawal

The right of withdrawal does not apply to the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which is clearly tailored to the personal needs of the consumer (e.g. leather goods with your individual imprint), in accordance with § 312g (2) of the German Civil Code (BGB). This results by the fact, that we no longer can resell the personalized products. They have been made by hand specifically for you. We ask for your understanding.

If personalised goods have been delivered damaged or incorrectly delivered, the right of withdrawal of the non-personalised products applies.

Sample withdrawal form 

If you want to cancel the contract, please fill out this form and send it back. 

To:

Name: 

Address: 

E‑mail: 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*): 

Ordered on (*)/received on (*) name of the consumer(s): address of the consumer(s): 

Signature of the consumer(s) (only for paper communication) Date 

(*) Inaccurate deletion. 

§ 8 Transport Damage

(1) If goods are delivered with obvious transport damage, please complain to the delivery company (e.g. DHL) immediately and contact us as soon as possible at service@chilli-vanilli.com. Before we ship the goods, we make an accurate quality control. Damaged products will not be shipped by us.

(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance company. 

§ 9 Warranty 

(1) Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the Sales Law (§§ 433 et seq. BGB). 

(2) If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods - contrary to the statutory provisions - is one year. This limitation does not apply to claims arising from damage resulting from injury to life, body or health or from the violation of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on their compliance the contractual partner may regularly rely (cardinal obligation) as well as for claims due to other damages, which are based on an intentional or grossly negligent breach of duty of the user or his vicarious agents. 

(3) In addition, the statutory provisions apply to the warranty. 

(4) If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), the statutory provisions apply with the following modifications:

• Only our own information and product description are binding for the quality of the goods, but not public advertisements and statements and other advertising by third parties.
• You are obligated to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects subsequently found from discovery. In the event of a breach of the obligation to investigate and complain, the assertion of warranty claims is excluded.
• In the event of defects, we shall, at our option, provide warranty by repair or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
• If the supplementary performance fails twice, you can demand a reduction at your choice or withdraw from the contract.
• The warranty period is one year from delivery of the goods.

 

§ 10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage resulting from injury to the life, body and health of persons. 

(2) In addition, the following limited liability applies: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can be trusted on a regular basis (cardinal obligation). Liability for slight negligence is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of our vicarious agents. 

§ 11 Discount and Voucher Codes

(1) Multiple discount and coupon codes cannot be combined for one purchase. 

(2) Discount codes cannot be used for already reduced goods. Voucher codes can be used for already reduced goods. 

 

§ 12 Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not obliged to participate to establish a dispute settlement procedure before a consumer arbitration board but are happy to consider it (online dispute settlement belongs to Art. 14 Para. 1 ODR-VO).

 

§ 13 Final Provisions

(1) Should one or more provisions of these General Terms and Conditions be or become ineffective, this shall not affect the validity of the other provisions.

(2) Contracts between us and you shall be governed exclusively by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). 

(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.

As of: 02.09.2020