Verkaufsbedingungen Loommania.de
HRB: Arnheim (NL) 09140395
Amadeos Benelux h.u. Loommania.de
Graanhoeve 17
NL-6846JA Arnheim
The Netherlands
+31 26 44 117
E-mail: info@loommania.de
USt-Idnr: NL.158838543.B01
WIDERRUFSBELEHRUNG
WIDERRUFSRECHT
Sie können Ihre Vertragserklärung innerhalb von zwei Wochen ohne Angabe von Gründen in Textform (z. B. Brief, Fax, E-Mail) oder – wenn Ihnen die Sache vor Fristablauf überlassen wird – durch Rücksendung der Sache widerrufen. Die Frist beginnt nach Erhalt dieser Belehrung in Textform, jedoch nicht vor Eingang der Ware beim Empfänger (bei der wiederkehrenden Lieferung gleichartiger Waren nicht vor dem Eingang der ersten Teillieferung) und auch nicht vor Erfüllung unserer Informationspflichten gemäß § 312c Abs. 2 BGB in Verbindung mit § 1 Abs. 1, 2 und 4 BGB-InfoV sowie unserer Pflichten gemäß § 312e Abs. 1 Satz 1 BGB in Verbindung mit § 3 BGB-InfoV. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs oder der Sache. Der Widerruf ist zu richten an: Amadeos Benelux / Loomania.de, Graanhoeve 17, 6846 JA Arnhem, 0031 (0)26 44 30 117, info@loommania.de
WIDERRUFSFOLGEN
Im Falle eines wirksamen Widerrufs sind die beiderseits empfangenen Leistungen zurückzugewähren und ggf. gezogene Nutzungen (z. B. Zinsen) herauszugeben. Können Sie uns die empfangene Leistung ganz oder teilweise nicht oder nur in verschlechtertem Zustand zurückgewähren, müssen Sie uns insoweit ggf. Wertersatz leisten. Bei der Überlassung von Sachen gilt dies nicht, wenn die Verschlechterung der Sache ausschließlich auf deren Prüfung – wie sie Ihnen etwa im Ladengeschäft möglich gewesen wäre – zurückzuführen ist. Im Übrigen können Sie die Pflicht zum Wertersatz für eine durch die bestimmungsgemäße Ingebrauchnahme der Sache entstandene Verschlechterung vermeiden, indem Sie die Sache nicht wie Ihr Eigentum in Gebrauch nehmen und alles unterlassen, was deren Wert beeinträchtigt. Paketversandfähige Sachen sind auf unsere Gefahr zurückzusenden. Sie haben die Kosten der Rücksendung zu tragen, wenn die gelieferte Ware der bestellten entspricht und wenn der Preis der zurückzusendenden Sache einen Betrag von 40 Euro nicht übersteigt oder wenn Sie bei einem höheren Preis
Product 1. Definitions
1.1 Loommania.de is an online retail store specialising in brand clothing for babies and children, which can be accessed through loommania.de
1.2 Any purchases made at Loommania are subject to the ‘Loommania Terms and Conditions for Store Sales’.
Product 2. Applicability
2.1 Any special offers, orders and agreements made through the loommania.de website are subject to these General Terms and Conditions, to the exclusion of any other terms and conditions.
2.2 Special offers and discounts are accepted and orders are placed subject to acceptance of the applicability of these General Terms and Conditions, of which you will be informed during the ordering process and which you will be asked to accept.
2.3 The provisions of these Terms and Conditions can only be deviated from in writing. If part of these Terms and Conditions is deviated from, the other provisions will continue to apply in full.
2.4 Any rights and claims stipulated in these Terms and Conditions and in any subsequent agreements for the benefit of loommania.de, will also be stipulated for the intermediaries whose services loommania.deengages, and other third parties.
Product 3. Agreements
3.1 The agreement to purchase and sell is established as soon as the consumer accepts the offer and complies with the applicable conditions.
3.2 In the event the consumer has accepted the offer electronically, the entrepreneur will immediately provide electronic confirmation of acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer is entitled to terminate the agreement.
Product 4. Prices
4.1 The prices quoted for each item are in Euro, including VAT. An order fee is not included in these prices (unless otherwise specified). Before the agreement is entered into, the total price, including the order fee, will be communicated through our website.
4.2 The order fee for orders within Germany is EUR 6,95. For shipments to countries outside Germany, the contribution to the shipping costs depends on the destination country.
4.3 loommania.de cannot be held responsible for any prices quoted that are evidently inaccurate, for example as a result of apparent typos, misprints or printing errors. No rights can be derived from incorrect pricing information.
Product 5. Credit system
5.1. There is no credit system.
Product 6. Payment
6.1 Payment can be made using one of the options specified during the payment process. Additional conditions (for payment/orders) may be imposed on a customer’s order. After an order has been placed, the customer immediately receives a confirmation e-mail with the total costs, including the order fee. We offer the following payment options:
a) PayPal: You can also pay online immediately using PayPal. Your payment will then be authorised online, so that you will instantly know whether or not it is approved. No additional costs are charged for online payments.
b) Payment by bank transfer: you personally organise payment of your order by providing your name, city and order number.
6.2 The customer gives Loommania.de permission to take any action necessary to ensure payment is made using the payment option selected by the customer.
Product 7. Delivery
7.1 Loomanai makes every effort to present orders for shipment within one working day following receipt of payment. However, loommania.de has no obligation in this regard.
7.2 The delivery deadline is thirty days after the order was placed, with the exception of orders for which the customer has indicated that they would like to receive them at a later date. If it proves impossible to deliver an order within 30 days, the customer is advised within 30 days, and will be entitled to cancel the order at no additional charge.
7.3 We will not ship any orders that cannot be shipped completely, unless this has been discussed with the customer beforehand. If the item ordered cannot be delivered because it is temporarily not in stock, or has experienced delays due to other reasons, or if an order cannot, or only partly, be completed, the customer will receive notification thereof no later than seven (7) working days after they have placed the order. In such event, the customer will not be entitled to cancel the order at no additional charge, and loommania.dewill provide a refund.
7.4 Any deviation in colour, type, text and/or price changes reserved. Any goods and/or services provided are represented accurately and truthfully and/or described as comprehensively as is reasonably required.
Product 8. Retention of title
Ownership of the items delivered will only be transferred after the customer has fulfilled all their payment obligations to loommania.depursuant to the agreement(s) entered into with respect to the items delivered.
Product 9. Returning and exchanging Products
We make every effort to inform you about the Products through our website. Should a Product nevertheless not meet your expectations, it may be exchanged or returned. However, the customer undertakes to return the Product at their own expense. Returning and/or exchanging (hereinafter: ‘returning’) items is subject to the following conditions:
9.1 Any items you purchase through www.loommania.de can be exchanged and/or returned without specifying a reason provided that:
a) These items are reported for return within 7 working days following receipt at the delivery address through the ‘return’ option on the website. You can then specify on the receipt enclosed with the order which items you wish to return and which items you would like to receive in a different colour or size. The receipt also includes information on the procedures to be followed, including the packaging method.
b) The items are still in their original condition, including any attached labels, and are returned in the original packaging.
c) Any items you have purchased on sale at a discount of 70% or higher can only be cancelled in accordance with article 11.2, and cannot be exchanged or returned. You will be informed of this policy on our website upon purchasing an item on sale.
d) Any items reported for return must be returned to us immediately or no later than 7 working days following receipt at the delivery address.
9.2 loommania.dewill only accept returned items that have been reported in the manner described above and for which the instructions provided upon application were followed. Returned items that have not been reported or have not been reported within the time specified will not be accepted.
9.3 You will receive a confirmation e-mail after you have reported the item to be returned and after the returned item has been received. If you paid for the item in advance, we will credit you for the amount of the returned item in the form of a redemption voucher issued by loommania.co.uk. This voucher is valid indefinitely and can be used online to pay for an outstanding order (or part of an outstanding order).
Alternatively, you can use the voucher during your next visit to loommania.co.uk. If you do not wish to receive a voucher, you also have the option of cancelling your order in accordance with article 11.2.
9.4 The customer undertakes to ship the items to be returned at their own expense; this can also be done by delivering the returned item you reported to one of our stores. If you personally deliver the returned item to the store, you will receive a confirmation of receipt. Any returned items sent by post must include sufficient postage at all times; returned items for which the postage is insufficient will not be accepted, which means you will not be credited.
Product 10. Complaints
A complaint regarding the delivery of your order
10.1 We make every effort to ensure that the Products we deliver are in perfect condition. Upon receipt of your order, you must immediately inspect the goods delivered and immediately report in writing any defects you detect. If a item has not been delivered in accordance with your order or if it does not correspond to the description on our website, you must immediately notify us. You can do this by telephone (on working days between 10 a.m. and 5 p.m.) or by sending an e-mail to service@loommania.de.
If the solution provided does not meet your expectations, you are entitled to cancel the entire order within 7 days at no additional charge. The amount you paid previously will be credited to you, with due regard for the provisions of article 9.4.
Complaint regarding the quality of the Product(s)
10.2 It is possible that the quality of a particular item no longer meets your expectations after you have used it for some time. The warranty applies without prejudice to the rights and claims assigned to the buyer by law.
This warranty will be annulled if you have attempted to correct the defect and/or have failed to follow the care instructions and/or instructions for use. If you have such a complaint regarding an item you purchased from us, we would like you to tell us about it. You can contact us by telephone between 10 a.m. and 5 p.m. or send an e-mail to service@loommania.de.
10.3 The postage for returning an item regarding which the customer has a complaint will initially be paid by the customer. These costs will be refunded in the event the claim is approved. We will attempt to resolve the problem as soon as possible by consulting with you. In order to ensure that your complaint can be processed efficiently, we ask that you comply strictly with our instructions.
Product 11. Cancelling your order
11.1 Any order can be cancelled without paying a penalty and without specifying a reason, provided that the order has not been shipped yet. To cancel your order, please send an e-mail to service@loommania.de. We will confirm your cancellation of the order by e-mail. As soon as we have confirmed your request for cancellation, you may consider this to have been received. If you have already paid for the cancelled order, loommania.dewill reimburse you for the amount you paid within fourteen (14) days.
11.2 Pursuant to the Customer Protection (Distance Selling) Regulations, the buyer is entitled to cancel an order (solely the entire order) within seven working days following receipt, without paying a penalty and without specifying a reason. The buyer may then also be refunded for the amount of the order, provided it has been paid for. In such event, loommania.dewill not charge any cost of shipment to the delivery address; however, the customer undertakes to return the order at their own expense.
11.3 To cancel an order, you must, within 7 working days following receipt at the delivery address, contact service@loommania.de. In your e-mail, you must include your last name, your order number and (if applicable) your bank details. In addition, you must indicate that you wish to cancel your order pursuant to the Customer Protection (Distance Selling) Regulations. Provided your request satisfies the conditions above, you will receive notification within one working day specifying the address to which you can return your order.
11.4 You will receive a confirmation e-mail as soon as we have received and processed your shipment. Provided you have paid for the order, you will receive a refund for the full amount of the order no later than fourteen (14) days after loommania.dehas received confirmation of receipt of your order.
11.5 If you have not cancelled the order within 24 hours following receipt or within 7 working days following receipt at the delivery address and we have not received said order, you will be obliged to pay. LOOMMANIA is entitled to pass along to you any costs in the event that the order has not been cancelled and payment has not been made within the period specified.
Product 12. Force majeure
In the event of force majeure, loommania.dewill be entitled to defer a customer’s order or annul the agreement without judicial intervention by communicating this to the customer in writing, without loommania.debeing obliged to pay any compensation, unless this were unacceptable under the given circumstances according to the standards of reasonableness and fairness.
Product 13. Applicable law and competent court
13.1 In the event of force majeure, the seller will not be obliged to reimburse the costs incurred by the customer, unless and to the extent that the seller, as a result of the force majeure event, has gained a benefit that they would not have gained had they complied with the procedures.
13.2 It is possible that you are not satisfied with our Products or services. In such event, please contact us as soon as possible, preferably by e-mail via service@loommania.de. We will respond to your complaint within a maximum of 30 days. If we are unable to resolve the issue together, you may submit your complaint to the Complaints Board, subject to payment of a EUR 25 fee.
13.3 Disputes between the parties may be submitted to the competent court in the Netherlands.
13.4 If the court rules that one or more Products of these Terms and Conditions are declared invalid:
The other provisions of the Terms and Agreements will continue to apply in full; loommania.de and the principal will consult with each other to agree on new provisions to replace the invalid or annulled provisions, whereby the purpose and intent of said invalid or annulled provisions will be complied with as much as possible.
Questions, complaints and comments
If you have any complaints, questions or comments after having read these Terms and Conditions, please feel free to contact our Customer Service department by post, telephone or e-mail.
All rights reserved. No part of these Terms and Conditions may be copied, stored and/or distributed without the written consent of AMADEOS BENELUX / LOOMMANIA.
