Terms and Conditions
General Terms and Conditions for the Online Shop operated by DKSH Luxury & Lifestyle Europe GmbH
- 1. Scope
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between DKSH Luxury & Lifestyle Europe GmbH, Stuttgarter Straße 8, 75179 Pforzheim, (hereinafter referred to as "Seller", "we" or "us") and the users of the Online Shop (hereinafter referred to as "Customer" or "you") via the Online Shop, which is accessible at www.mauricelacroix.com (hereinafter referred to as "Online Shop").
(2) Our offers are addressed equally to consumers and entrepreneurs, but only to end users. We shall reject orders for quantities in excess of typical household quantities. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to their commercial nor their self-employed professional activity (§ 13 German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).
(3) All agreements concluded between you and us in connection with the contract are based in particular on these terms and conditions as well as the product descriptions, the order confirmation and our declaration of acceptance.
(4) The version of the GTC that is valid at the time of conclusion of the contract shall be decisive.
(5) We do not accept any of the Customer's deviating terms and conditions. This shall also apply if we do not expressly object to their inclusion.
- 2. Conclusion of contract, contract language
(1) The presentation and advertising of the products in our Online Shop does not constitute a binding offer to conclude a sales contract.
(2) You may initially place our products in the virtual shopping basket without obligation and, before sending us a binding order, correct your entries at any time by means of the correction aids provided for this purpose within the order process.
(3) The submission of a binding order is possible after input of the necessary personal data. If you are already a registered customer, you can log in with your user data to place an order. As a new customer, you have the option of creating a user account or placing an order as a guest.
(4) When you submit an order via the Online Shop by clicking on the "BUY NOW" button, you are placing a legally binding order which constitutes an offer to conclude a purchase contract.
(5) A contract is only concluded if we accept your order by means of a declaration of acceptance or by sending you the respective product.
(6) We will immediately confirm receipt of the order you have placed via our Online Shop by sending you an e-mail. However, this e-mail does not yet constitute a binding acceptance of the order, unless it also declares our acceptance in addition to confirming receipt of the order.
(7) If you choose the payment method Klarna Sofortüberweisung, direct debit, credit card or PayPal, we shall declare our anticipated acceptance of your contract offer, which is implied by the fact that we offer the respective payment option, at the end of the ordering process. Should the delivery of the goods ordered by you not be possible through no fault of our own, we reserve the right to withdraw from the contract concluded with you. In particular, delivery will not be possible if we are not supplied accordingly by our suppliers or if the availability of a product explicitly refers to our stock, which is already sold out at the time of conclusion of the contract. We shall inform you immediately about our intention to exercise our right of withdrawal and immediately refund any consideration already received.
(8) No later than upon delivery of the products, the contract text (consisting of the order, GTC and order confirmation) shall be sent to the Customer by us on a permanent data medium (e-mail or post) ("contract confirmation"). The text of the contract shall be stored in compliance with data protection regulations.
(9) The contract shall be concluded in the German language.
- 3. Right of cancellation
(1) As a consumer you have a right of cancellation. The prerequisites for and legal consequences of exercising your right of cancellation are based on the following cancellation instructions.
Right of cancellation:
You have the right to cancel this contract within fourteen days without stating reasons.
The cancellation period is fourteen days from the date on which you or a third party (other than the carrier) took possession of the goods designated by you.
In order to exercise your right of cancellation, you must contact DKSH Luxury & Lifestyle Europe GmbH, Stuttgarter Straße 8, 75179 Pforzheim, Fax: +49 7231 914 171, Tel.: +49 7231 914 0, e-mail: email@example.com and provide an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation, however this is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send us the notification of your wish to exercise your right of cancellation before expiry of the cancellation period.
Consequences of cancellation:
If you cancel this contract, we shall reimburse you immediately – and no later than fourteen days from the date on which we received the notice of your cancellation of this contract – for all payments that we have received from you, including delivery charges (other than additional charges arising from your choice of a delivery method other than the cheapest standard delivery offered by us). For this refund we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to issue said refund 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 from the day on which you notify us of your cancellation of this contract. This deadline shall be deemed to have been met if you dispatch the goods before expiry of the fourteen-day period.
We shall bear the costs of returning the goods.
You shall only be liable for any depreciation of the goods if such depreciation is due to handling of the goods beyond that necessary to examine their nature, properties and functionality.
End of the cancellation policy
Sample cancellation form
If you wish to cancel the contract, please fill out this form and return it to us.
DKSH Luxury & Lifestyle Europe GmbH
Stuttgarter Str. 8
Tel.: +49 7231 914 0
Fax: +49 7231 914 171
I hereby wish to cancel the contract I have concluded with you
for the purchase of the following goods
Ordered on _____________
Name(s) of the consumer(s) ___________________________________
Address of the consumer(s) __________________________
Consumer's signature (only for paper-based notification)
(2) In accordance with § 312g BGB, the right of cancellation does not apply, among other things, for
(a) the supply of goods which are not prefabricated and whose manufacture is determined by an individual choice or stipulation made by the consumer, or which are clearly personalised,
(b) the supply of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery, and
c) the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- 4. Prices, terms of payment
(1) Unless otherwise agreed, the price stated when the order was placed shall apply.
(2) All prices quoted in our Online Shop are gross prices including statutory VAT.
(3) The purchase price is due immediately upon conclusion of the contract.
(4) Payments can be made via the online payment services PayPal or Klarna. The available payment methods are indicated during the order process and before dispatch of the order.
(5) As purchaser, you shall only be entitled to set-off rights if your counterclaims have been legally established, are undisputed or have been acknowledged by us in writing. In addition, you shall only be entitled to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.
- 5. Shipping costs, terms of delivery and performance
(1) There are no shipping costs.
(2) We shall deliver the goods in accordance with the agreements concluded with you. The delivery time is specified in detail in the order overview.
(3) The following delivery restrictions exist: The supplier only delivers to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Andorra, Belgium, France, Ireland, Italy, Netherlands, Romania, Slovenia, Spain, Hungary, United Kingdom, Austria.
- 6. Retention of title
The goods shall remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we shall have the right to cancel the contract and reclaim the goods.
- 7. Warranty and liability
(1) The customer's warranty rights for all goods offered in the Online Shop are governed by the statutory provisions.
(2) Irrespective of the warranty claims pursuant to paragraph (1), we shall only be liable for damages in accordance with letters a) to c):
(a) for injury to life, limb, health and/or guarantees as well as for damages caused intentionally or due to gross negligence without limitation;
(b) in cases of product liability under the German Product Liability Act (Produkthaftungsgesetz);
(c) in the event of a breach of material contractual obligations due to ordinary negligence, the resulting liability for damages shall be limited to the extent of the typical level of damages which we could have expected to occur at the time of conclusion of the contract based on the circumstances known to us at that time. Essential contractual obligations are those basic obligations which were decisive for your conclusion of the contract and on whose observance you could expect to rely;
(3) In all other respects, any liability for damages on our part shall be excluded, irrespective of the legal grounds.
(4) Insofar as our liability is excluded under these provisions, this shall also apply to the liability of our organs and vicarious agents, and in particular of the respective employees.
- 8. Online dispute resolution platform, participation in dispute resolution proceedings
(1) The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to serve as a point of contact for out-of-court settlements of disputes relating to contractual obligations under online purchase contracts and online service contracts. The platform is available at http://ec.europa.eu/consumers/odr/
(2) We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and have decided against voluntary participation.
- 9. Applicable law and final provisions
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For you as a consumer, this choice of law shall only apply to the extent that it does not remove mandatory applicable consumer protection provisions of the state in which you (as a consumer) have your habitual residence at the time of placing your order.
(2) Should any provision of these terms and conditions and any additional concluded agreements be or become invalid, this shall not affect the validity of the remaining provisions.
Data protection information regarding orders placed via our Online Shop
DKSH Luxury & Lifestyle Europe GmbH, Stuttgarter Straße 8, 75179 Pforzheim (hereinafter: we/us) is the data controller responsible for processing your personal data in the context of contracts concluded via our Online Shop. We collect personal data which you voluntarily submit to us when you create a user account or place an order. Mandatory fields are marked as such and refer to the data we require in order to process the contract. It is made clear in the respective input forms which data is collected.
We shall share your data with the shipping company commissioned with the respective delivery (e.g. DHL) to the extent that this is necessary to facilitate delivery of your ordered goods.
If you have given your express consent for us to do so during or after your order, we will forward your e-mail address to the selected shipping service provider on the basis of said consent pursuant to Art. 6 para. 1 sentence 1 lit. a GDPR so that the latter can contact you before delivery for the purpose of announcing or coordinating the delivery.
You can revoke your consent at any time by sending a message to the contact person described below.
We shall use the data provided by you in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR to process the contract.
After completion of the contract and full payment of the purchase price, your data shall be restricted for further processing and deleted after expiry of the statutory tax-related and commercial retention periods, unless you have expressly consented to further use of your data or we reserve the right to another use of said data, which is permitted by law and about which we have informed you via this declaration.
You have the right to request information from the data controller about the stored personal data relating to you. You may also request the correction of inaccurate data as well as the deletion of the data or the restriction of its processing.
In addition, you have the right to appeal to the relevant supervisory authority.