Terms and Conditions
General Terms and Conditions for purchase contracts concluded on the NAMILIA webshop
NAMILIA, Emilia Pfohl and Nan Li GbR, Karl-Kunger-Str. 19, 12435 Berlin, Tel.: ++49 (0) 30/92146166, VAT Identification No.: DE305351384
– hereinafter referred to as the “NAMILIA” –
the customer designated in § 2 of these General Terms and Conditions
– hereinafter referred to as the “Customer” –
§ 1 Scope of application, definitions
(1) For the contractual relationship between NAMILIA and the Customer, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be accepted unless NAMILIA expressly agrees to their validity in writing.
(2) The Customer is a consumer insofar as the purpose of the ordered goods cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The Customer can select products from the assortment of NAMILIA, in particular clothing products and collect these via the button “Add to Cart” in a so-called shopping cart. Via the button “buy now” (after selecting the payment method) he submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can view the data at any time and change it by leaving the checkout process (e.g. by clicking the “back” button in the web browser or opening one of the product pages), clicking on “cart” and changing the amount or removing a product from the shopping cart. However, the order can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking the checkbox next to ” With your order, you agree to have read and understood our Terms and Conditions and the notice on your Right of Withdrawal” and thereby including these Terms and Conditions in this order.
(2) NAMILIA then sends the Customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic acknowledgement of receipt merely documents that the Customer’s order has been received by NAMILIA and does not constitute acceptance of the order. The contract is only concluded when NAMILIA submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, the contract text (consisting of the order, the General Terms and Conditions and the order confirmation) will be sent to the Customer by NAMILIA on a permanent data carrier (email). The text of the contract will be stored by NAMLIA in compliance with data protection regulations.
(3) The contract is concluded in English.
§ 3 Delivery, availability of goods
(1) Delivery times stated by us shall be calculated from the date of our order confirmation, subject to prior payment of the purchase price. If there is no or no deviating delivery time indicated for the respective goods in our online shop, the delivery time is up to 5 working days for dispatch within Europe and up to 7 working days for the rest of the world.
(2) If no copies of the product selected by the Customer are available at the time of the order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, NAMILIA shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, NAMILIA shall inform the customer of this immediately in the order confirmation.
§ 4 Retention of title
Until complete payment the delivered goods remain the property of NAMILIA.
§ 5 Prices and shipping costs
- All prices stated on NAMILA’s webshop are inclusive of the applicable statutory value added tax.
PLEASE NOTE THAT FOR orders outside the eu, YOU WILL BE LIABLE TO PAY THE COUNTRY’S VAT AS WELL AS ANY RELEVANT IMPORT DUTIES. NAMILIA EMILIA PFOHL AND NAN LI GBR ASSUMES NO RESPONSIBILITY IN THOSE PACKAGES HELD IN CUSTOMS IF THOSE CHARGES ARE NOT SETTLED BY THE CUSTOMER.
- The corresponding shipping costs are indicated to the Customer in the order summary and are to be borne by the Customer, unless the Customer makes use of his right of withdrawal.
FOR DELIVERIES TO COUNTRIES OUTSIDE THE EU, ADDITIONAL FEES (TAX, CUSTOMS, IMPORT DUTIES) MAY BE LEVIED BY THE LOCAL GOVERNING AUTHORITIES. THESE FURTHER COSTS SHALL BE BORNE BY THE CUSTOMER.
(3) The goods shall be shipped by Fedex, UPS or a comparable parcel service. The shipping risk is borne by NAMILIA if the Customer is a consumer.
(4) The Customer has to bear the direct costs of the return in the case of a withdrawal.
§ 6 Payment modalities
(1) The Customer can make the payment by credit card or PayPal.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the Customer is already in default by missing the date. In this case he has to pay the legal default interest to NAMILIA.
(4) The obligation of the Customer to pay default interest does not exclude the assertion of further default damages by NAMILIA.
§ 7 Warranty for material defects, guarantee
(1) NAMILIA is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. of the German Civil Code (BGB). The statutory warranty period for items delivered by NAMILIA to entrepreneurs is 12 months.
(2) An additional guarantee exists with the goods supplied by NAMILIA only if this was stated expressly in the order confirmation to the respective product.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by NAMILIA, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, NAMILIA shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the damage is a compensation claim by the Customer arising from injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of NAMILIA if claims are made directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if NAMILIA fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the supplier and the customer have reached an agreement on the condition of the item. The regulations of product liability law remain unaffected.
§ 9 Cancellation Policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which NAMILIA informs them in the following in accordance with the statutory model. Paragraph (2) contains a model revocation form.
Instruction on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (NAMILIA, Emilia Pfohl und Nan Li GbR, Karl-Kunger-Str. 19, 12435 Berlin, Germany, Tel: ++49 (0) 30/92146166, email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient for you to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your withdrawal from this contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a different method of delivery from the standard, low-cost delivery offered by us). Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
We may refuse to refund you until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the withdrawal from this contract. This period shall be deemed to have been met if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
(2) NAMILIA shall provide the following information on the model revocation form in accordance with the statutory provisions:
Model withdrawal form
- To NAMILIA, Emilia Pfohl and Nan Li GbR, Karl-Kunger-Str. 19, 12435 Berlin, Germany, email: firstname.lastname@example.org:
- I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is filled out on paper)
(*) Delete as appropriate
PLEASE TRY ITEMS ON WITH CARE:
IF YOU DECIDE TO RETURN SOMETHING, PLEASE ENSURE THAT IT IS IN PERFECT CONDITION. THIS MEANS…
- CLEAN (NO DEODORANT, PERFUME OR MAKE-UP STAINS)
ITEMS RETURNED TO US IN A NON-SELLABLE CONDITION, WILL NOT BE REFUNDED AND MAY BE SENT BACK TO YOU.
PLEASE CHOOSE UNDERWEAR CAREFULLY AS WE ARE UNABLE TO COMPLETE ANY RETURNS ON THESE ITEMS DUE TO HEALTH STANDARDS.
PLEASE NOTE THAT CUSTOM MADE PIECES ARE NOT ELIGIBLE FOR RETURNS. OUR CUSTOMER SERVICE TEAM WILL BE IN CONTACT WITH YOU REGARDING MEASUREMENTS AND SIZING AFTER PURCHASE.
§ 10 Final provisions
(1) The law of Germany shall apply to contracts between NAMILIA and the Customer under exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of compelling regulations in particular of the state, in which the Customer has his habitual residence as a consumer, remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and NAMILIA is the registered office of NAMILIA.
(3) NAMLIA is neither willing nor obliged to participate in alternative dispute resolution proceedings before a consumer dispute resolution body.
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. The ineffective points shall be replaced, if any, by the statutory provisions. If this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become ineffective.