Terms and Conditions
Table of Contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and payment conditions
- Delivery and shipping conditions
- Retention of title
- Liability for defects (Warranty)
- Liability
- Redemption of Gift Vouchers
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of "Saada Boutique" (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the customer's own conditions is hereby opposed, unless something else has been agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stated.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4 Entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can 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 completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to make payment after placing their order.
If several of the aforementioned alternatives are present, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the customer no longer being bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal terms of use, which can be viewed at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and is transmitted to the customer in text form (e.g. email, fax, or letter) after sending his order. There is no further accessibility of the contract text by the seller. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before placing a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct his entries within the electronic ordering process as long as he uses the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection will be displayed in the online shop.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered when using SPAM filters.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which are to be borne by the customer. This includes, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or customs duties or taxes (e.g. tariffs). Such costs may also arise in relation to the money transfer even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT", must authenticate themselves 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. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com
4.6 When selecting a payment method offered through the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Shopify Payments will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "Shopify Payments" can be found on the internet at https://www.shopify.com
4.7 When selecting a payment method offered through the payment service "Stripe", the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered through Stripe will be communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about Stripe can be found on the internet at https://stripe.com
4.8 When selecting the payment method SEPA direct debit, the invoice amount is due after granting a SEPA direct debit mandate, but not before the deadline for the advance information for the payment has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the advance information has expired. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer must bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to refuse this payment method in the event of a negative credit check.
4.9 When selecting the payment method SEPA direct debit, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiration of the period for prior information for payment. The collection of the direct debit takes place when the ordered goods leave the seller's warehouse, but not before the expiration of the period for prior information. Prior information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer disputes the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.
4.10 When selecting the payment method direct debit via Stripe, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount after the issuance of a SEPA direct debit mandate, but not before the expiration of the period for prior information on behalf of the seller from the customer's bank account. Prior information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer disputes the debit, although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to refuse this payment method in the event of a negative credit check.
4.11 When selecting a payment method offered through the payment service "Klarna", the payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna can be viewed here:
5) Delivery and shipping conditions
5.1 If the seller offers shipping of the goods, delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, when selecting the payment method PayPal, the delivery address stored by the customer at the time of payment with PayPal is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending if the customer effectively exercises their right of withdrawal. For the return shipping costs, the regulation made in the seller's withdrawal instruction applies in the case of effective exercise of the right of withdrawal by the customer.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or a person entitled to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the item to the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, the freight forwarder, or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific coverage transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 If the seller offers the goods for collection, the customer can collect the ordered goods at the address specified by the seller during the business hours indicated by the seller. In this case, no shipping costs will be charged.
5.6 Vouchers are provided to the customer as follows:
- by email
6) Retention of title
If the seller advances payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.
7) Warranty for defects (guarantee)
Unless otherwise specified in the following provisions, the provisions of statutory warranty law apply. Deviating from this, in contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for warranty rights is one year from the delivery of the goods;
- are excluded for used goods;
- the limitation period does not start anew if a replacement delivery is made within the scope of the warranty for defects.
7.2 The liability limitations and time reductions regulated above do not apply
- for claims of the customer for damages and reimbursement of expenses,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used according to their usual manner of use for a building and have caused its defectiveness,
- for any possible obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
7.3 Furthermore, it applies to entrepreneurs that the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.
7.5 If the customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the carrier and to inform the seller of this. If the customer fails to do so, it has no effect on their statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- based on a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
8.2 If the seller negligently violates a material contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is stipulated in accordance with the preceding clause. Material contractual obligations are those duties that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract and on which the customer can regularly rely.
8.3 Otherwise, the seller's liability is excluded.
8.4 The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased through the seller's online shop (hereinafter referred to as 'gift vouchers') can only be redeemed via WhatsApp (0162 912 6097).
9.2 Gift vouchers must be redeemed in full within 12 months.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4 Multiple gift vouchers can also be redeemed in a single order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller can fulfill its obligations with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of representation authority of the respective holder.
10) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Alternative Dispute Resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
