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Terms and Conditions
§ 1 General
Managing directors: Antonia Goy and Elke Goy
Tel +49 30 44650386,
(hereinafter ”ANTONIA GOY" or "we"), operates an online shop at the internet address www.antoniagoy.com (the "Website").
All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
§ 2 Changes to the TOS
We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
§ 3 REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify ANTONIA GOY immediately of any breach of security or unauthorized use of your account.
§ 4 ELIGIBILITY TO PURCHASE
1. In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
2. By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ANTONIA GOY feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
§ 5 Contracts
The languages available for contracts depend on the country of destination selected:
1. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
2. The presentation of products on our Website does not constitute any offer by ANTONIA GOY for a purchase contract.
3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "complete purchase". Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.
4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
5. A purchase contract between you and ANTONIA GOY will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.
6. ANTONIA GOY has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
§ 6 Cancellation policy advisory
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self–employed occupation.
You may repeal your contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer your right to cancel your order, you have to inform us, GOY GbR, Heidestrasse 46–52, 10557 Berlin, Germany, email@example.com, Telefon +49 30 44650386, Fax: +49 30 48623304, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template.
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first. The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at your expense.
We are not assuming any costs of returning the items. We do not cover the cost of returning the goods. These are to be borne by you and be at approx. € 9.00 for shipping by DHL Standard, approx. € 19.00 for shipping by DHL Express, at approx. € 9.00 for shipping by UPS standard, approx. € 19.00 for shipping by UPS Express.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
End of advisory
Items should be returned unused and with all garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, belts and any packaging such as authenticity cards, dust bags, and leather tags should be included with your return.
Please email firstname.lastname@example.org if any of your purchases have been delivered without tags.
§ 7 Prices; product presentation; availability
1. The prices stated on our Website www.antoniagoy.com at the time of your order apply.
2. The goods offered at ANTONIA GOY are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. If you have ordered several items at the same time, the products may be delivered at different times.
§ 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.
4. ANTONIA GOY offers a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
§ 8 Storage of contract data
We store your order data. If you wish to print your order, you may do so by printing out an "acknowledgment of receipt". It will appear on your screen once you have submitted your order to us by clicking the "complete purchase" button and your credit card details have been verified.
In addition, you will receive an email order confirmation stating all details entered as well as the cancellation template, which can be printed.
§ 9 Shipping & dispatch
1. Your package will be shipped with either DHL or UPS, depending on the final destination. In Germany, you may choose DHL Standard, DHL Express, UPS Express, or UPS Standard as your preferred shipping method.
ANTONIA GOY is liable for any potential transport risks.
2. The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.
3. Shipping charges
|Destination||Carrier||Shipping Costs||Shipping Times|
|Germany||DHL Express||19,00 EUR||1-2 business days|
|Germany||DHL Standard||9,00 EUR||1-4 business days|
|Germany||UPS Express||19,00 EUR||1-2 business days|
|Germany||UPS Standard||9,00 EUR||1-4 business days|
|Austria||UPS Standard||19,00 EUR||3–5 business days|
|Italy||UPS Standard||19,00 EUR||3–5 business days|
|France||UPS Standard||19,00 EUR||3–5 business days|
|UK||UPS Standard||19,00 EUR||3–5 business days|
|Switzerland||UPS Standard||29,00 EUR||3–5 business days|
Shipping charges will be incurred only once for deliveries in instalments.
§ 10 Payment; default in payment; setoff; right of retention
1. You can use a credit card, PayPal, or Sofortüberweisung to pay for your purchase.
All payments and credit notes will be handled in the currency chosen for the purchase (see also currencies).
2. We take reasonable care to make our Website secure. All credit card transactions on this site are processed using HSO, a secure online payment gateway that encrypts your card details in a secure host environment.
If you are a registered ANTONIA GOY user, we will securely store your credit card details on our systems.
These details will be fully encrypted and only used to process card transactions which you have initiated.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
The customer is barred from a set–off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
4. Right of retention for commercial transactions
In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
§ 11 Retention of title
The goods delivered remain property of ANTONIA GOY until full payment has been made.
§ 12 Inquiries, complaints
For any inquiries about your order or complaints, please contact our customer care team:
Telephone +49 30 44650386
Fax +49 30 48623304
§ 13 Warranty
Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 15 below.
§ 14 Liability
1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.
2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.
4. Any exclusion or limitation of the liability of ANTONIA GOY shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.
§ 15 Governing law, severability
1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.
2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.