General Terms and Conditions
1. General Information, Services, Provider Identifier; Notes
a) The following terms and conditions (Terms) govern the contractual relationship between
the Company Woeste Projektentwicklung GmbH
Tel: +49 3029009501
and consumers, who want to buy goods via the online - store listed under www.happyshop-berlin.com and all shops belonging to this domain or any subdomains. Consumers are natural persons acting in the course of concluding a contract with Woeste Projektentwicklung GmbH for purposes that are outside of trade, business, craft or profession. These General Terms and Conditions may be supplemented by Special Terms and Conditions (the "Specific Terms"), which are reported in each case at the respective product range. If so, these Terms may supplement the General Terms and Conditions, and in such case, take precedence over the General Terms and Conditions.
b) General terms and conditions of any Purchaser are rejected in general. Hereby we contradict explicitly to any diverging sales conditions and any other contrary terms and conditions of our customers.
c) For commercial or professional customers - such as for commercial resale or commercial intermediaries – we offer special conditions. For further details please contact us per E-Mail: firstname.lastname@example.org
d) Our Terms and conditions will apply for all agreements, offers and deliveries. We reserve the right to change these Terms and Conditions for the future from time to time. Any changes to these General Terms and Conditions or Specific Terms will be published on our website, or an APP, if we will use such Technologies. Any changes shall not extend to all contracts already concluded.
e) Please refer to the final descriptions of all goods in the item descriptions referring to each item. All prices for the German - Market are gross final prices, which already include VAT for Germany. Prices will be calculated without VAT for deliveries to customers in EU countries outside Germany which have a valid VAT identification number (VATIN). All prices specified for deliveries in non-EU countries are deemed net prices, i.e., they do not include any VAT. The invoice date is the relevant date. The prices are subject to change from time to time.
f) We offer the international sale of very high quality clothing for Ladies including the sale of accessories (such as: shoes, coats, skidding, tops, pants, scarves, hats, knitwear and products that may be of interest to a fashionable woman otherwise). The products are mainly manufactured in Germany. If the products will be exceptionally manufactured abroad, our products will have a high standard of quality and the production will be based on ethical standards in the sense of a "fair trade", which have a great importance for us.
g) We do not offer individual fashion and style consultations. If you need such a service, please get in touch with a fashion consultant.
2. Conclusion of the Contract, Quality of Goods
a) Nature and extent of our products arise from the terms of reference.
b) All offers made by Woeste Projektentwicklung GmbH are non-binding and subject to alteration.
c) By placing his order, the Customer confirms his contractual offer with binding effect. As far as orders communicated electronically are concerned, Woeste Projektentwicklung GmbH will confirm the receipt of any such order without delay. Such a confirmation of receipt, however, does not yet constitute a binding acceptance of the order in question. Confirmations of a receipt shall be considered declarations of acceptance (order confirmations) only if Woeste Projektentwicklung GmbH expressly declares its acceptance of the order concerned in the relevant confirmation of receipt. A contractual relationship between Woeste Projektentwicklung GmbH and the Customer is only formed after Woeste Projektentwicklung GmbH has confirmed the order placed by the Customer (order confirmation) in writing (by e-mail, facsimile message or by posted letter). Only the details included in the order confirmation shall be relevant for the content of any Contract formed this way.
d) Woeste Projektentwicklung GmbH has the right to accept the customer's contractual offer included in the customer's order within one week following its receipt by Woeste Projektentwicklung GmbH, or within 3 days if the order in question is communicated electronically. Woeste Projektentwicklung GmbH has the right to refuse acceptance of any order at any time. Should Woeste Projektentwicklung GmbH should choose not to accept such an order by the end of the aforementioned periods, no contractual relationship is formed between the customer and Woeste Projektentwicklung GmbH.
e) Products offered by Woeste Projektentwicklung GmbH are probably so-called "trend products". Trend products are often available only in small numbers and not in all sizes. If the ordered goods are no longer available in sufficient quantities or because of the delay of the delivery for the reasons mentioned above, we will inform the costumer as soon as possible about such circumstances, however, within at maximum of 14 days after the receipt of your order. In such a case, the item cannot be delivered. A possibly received purchase price will be paid back or charged to the customer's request with other orders. The availability of the goods is indicated in the item description.
f) Whether and to what extent we take online - orders, is at our own discretion. If the contract is concluded only after an advance payment, delivery will take place only under the condition that an invoice amount is received within 7 workings - days at our bank account. If the advance payment will not have been transmitted in the said period, the contract is cancelled on the 9th working day without prior written notice. If we do not run an online order, we will inform the customer immediately.
g) A pickup of ordered goods is not possible for logistical reasons.
3. Retention of title; Set - Off; Arrears
a) The ordered goods remain our property until full payment is made.
b) The purchaser has the right to counter demands only in the case of indisputable or legally determined demands.
c) If a customer is in default, then all existing claims against him are immediately due and payable.
4. Essential information for consumers about the ordering process
a) Technical steps to conclude the contract and to correct a mistake.
If you select an item or the desired items and add them to cart, a processing order will begin. This will take you to the link "order summary" in an overview of cart. There you will have the opportunity to correct the desired number of items and / or to delete items if this is your wish. At this point the article overview plus delivery charges and other necessary information will appear. If you click the "pay-it- button", you will have to enter your delivery address and / or billing address. This information can be corrected there if you wish. After clicking ‘continue’, you will have access to the full overview. There you can re-examine all data again and correct if necessary. If all details match your requirements, you can then complete your order. The contract takes place by paragraph 2 of these conditions.
b) Storage Contract Text
We do not store the concrete "offer text" in the online shop separately. This means that after the conclusion of the contract, if necessary, the customer can no longer access the “offer text”, if our "offer" no longer exists in the shop at that time or has already changed. Customer orders will be stored by us, but cannot be accessed separately by the customer on our websites. Immediately after the completion of the order a confirmation email will be send to you, which contain all contract-related data and information required by law, including information about existing statutory rights to cancel. Our current terms and conditions are available on the store page at any time and can be printed and / or saved to disk permanently. We do not store older conditions in expired versions. We recommend our customers to print the text of the contract or to make a screenshot. In addition, we recommend the storage of order confirmations with their respective terms and conditions.
5. Statutory Right to Cancel
Right to cancel
You have the right to cancel this contract within 14 days, without giving any reason.
The cancellation period will expire after 14 days from the day
(a) in the case of a sales contract: "on which you acquire, or a third party other than the
carrier and indicated by you acquires, physical possession of the goods;
(b) in the case of a contract relating to multiple goods ordered by the consumer in one
order and delivered separately: "on which you acquire, or a third party other than the
carrier and indicated by you acquires, physical possession of the last good;
(c) in the case of a contract relating to delivery of a good consisting of multiple lots or
pieces: "on which you acquire, or a third party other than the carrier and indicated by
you acquires, physical possession of the last lot or piece;
(e) in the case of a contract for regular delivery of goods during a defined period of time:
on which you acquire, or a third party other than the carrier and indicated by you
acquires, physical possession of the first good.
To exercise the right to cancel, you must inform
Company Woeste Projektentwicklung GmbH
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
To meet the cancellation deadline, it is important for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us:
Company Woeste Projektentwicklung GmbH
without undue delay and in any event not later than 14 days from the day on
which you communicate your cancellation from this contract to us. The deadline is
met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
- There is no right to cancel, if you purchased audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
- A right of cancellation expires prematurely in the provision of services where the principal has executed its performance with the express prior consent of the consumer and in case that the consumer knows this. This takes place especially in case of the delivery of customized and specially made unique pieces, if we offer such goods.
- The right of revocation expires if digital content is delivered, which are not supplied on a tangible medium, when the execution with the prior express consent of the consumer and his acknowledgment that he thereby loses his right of withdrawal has begun.
- Our products are provided with a seal. If this seal is broken, the goods cannot be returned. The seal must remain attached to the product in order for us to accept it.
- The burden of proof for the exercise of the right to cancel rests on the consumer.
End of the Cancellation Policy
6. Delivery deadlines; Self-supply; Force Majeure
a) If an item is out of stock, we will inform you immediately that a delivery cannot be performed. If an item is available only with a delay, we will provide you with the fastest possible delivery date.
b) In case of failure by delivery due to force majeure, labour disputes or similar events, which are outside of our control and are not only short-termed and temporary, the delivery time will be extended accordingly. In such cases we will inform the customer immediately about such circumstances as soon as possible.
c) In case of force majeure and other unforeseen and not only temporary events that are beyond our control and that make delivery impossible or difficult or hinder it not only temporarily, we have the right to withdraw completely or partially from the contract or to postpone the delivery until the difficulties have been remedied, according to our choice. These hindrances can be official measures, strikes, lockouts, breakdowns, disturbances in raw material and energy supply or transport, and others, such as war, terror and political disturbances, as long as theses hindrances are not only temporary.
7. Price, Packing, Payment, Shipping, Returns
a) The prices stated in our product ranges are gross total prices including statutory (German) VAT and shipping costs, which are legally binding. All prices are final prices including German VAT of 19% for the German market. Prices will be calculated without VAT for deliveries to customers in other EU - Countries outside Germany who have a valid VAT identification number (VATIN). The prices specified for deliveries in non-EU countries are deemed net prices, i.e., they do not include any VAT. Prices are subject to change from time to time. The date of the invoice is relevant only. When shipping to non-EU countries the prices are reduced by the VAT contained therein, but may need to be paid in other countries by the purchaser, following the local laws in the country of destination. For deliveries in such countries higher costs may result. The seller is in no case responsible for such costs. Such costs shall be borne exclusively by the client, including costs for the transfer of funds through banks (e.g. transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). The customs authorities of the destination country will issue information on this topic.
b) The goods will be delivered to the address specified by the customer, unless otherwise agreed. We will ship the goods in Germany with the help of DPD (https://www.dpd.com/de_privatkunden). For any returns, you can use the Return - Service by DPD. The likely delivery time is stated in the respective articles.
c) In addition to the prices of the goods there will be freight and shipping costs, as costs of transport. Discounts and rebates are granted, unless this would be reported separately in the respective offers. The mode of shipment shall be in accordance with its reasonable discretion in economic terms.
d) We offer the following payment options
- VISA (http://www.visa.de/zahlungsmoglichkeiten/kartenzahlungen)
- MasterCard (http://www.mastercard.com/de)
- PayPal (https://www.paypal.com/de/home). Once the amount is received to our PayPal - account, the goods will be on the way to you.
If the payment is provided through electronic payment systems, the rules of such providers will apply for to the transaction of the payment between the buyer and the seller.
e) It is agreed that deliveries by parcel are to be returned at our risk. In the event of a right to cancel you have to bear the direct cost of returning the goods.
a) The warranty of the seller is based on the statutory provisions. All contents of our products have been developed with great care. Nevertheless, errors cannot be completely ruled out. Any Liability concerning to item - descriptions is therefore excluded, also for damages of any kind, unless for an intentional act or gross negligence. In this case, the amount of liability is limited to the purchase price of the product.
b) For consumers, the warranty period for new goods is two years from the receipt of the goods.
c) Information that is completely or partly reproduced in a product description is a quality agreement between the customer and us. We offer no independent or dependent warranties beyond the legal warranty. This does not affect any, independent warranties of manufacturers as third parties.
d) Every item is inspected by us before shipping and will be carefully packed. After the delivery, please check if the packaging is not damaged or defective. If the packaging is damaged, please give this information to the transport company as soon as possible, otherwise the transit damage may not be accepted.
9. Privacy Statement
Notes on data protection and data sharing are derived from the corresponding data in the Privacy Statement (link) on the protection of personal data according to the requirements of the German Data Protection Act (BDSG), the German Telecommunications Act (TKG), the German Telemedia Act (TMG), the broadcasting Agreement (Interstate Broadcasting Agreement) and additional applicable regulations. The offers of Woeste Projektentwicklung GmbH meet the requirements of the protection of minors in Germany in accordance with the provisions of the Youth Media treaty and other applicable child protection legislation.
10. Limitation of Liability
a) Unless mandatorily prescribed otherwise by law, Woeste Projektentwicklung GmbH’s liability is limited to deliberate action and blatant gross negligence. Any liability for slight or simple gross negligence on the part of Woeste Projektentwicklung GmbH is hereby expressly excluded. In any event, any liability on the part of Woeste Projektentwicklung GmbH for indirect damage, consequential damage, financial or property loss, loss of profit, unrealised savings, data loss, interest loss or for damage or loss arising from third-party claims shall be excluded as well.
b) The exclusions and limitations of liability set out in Item 10.a) shall also apply to the employees and agents of Woeste Projektentwicklung GmbH.
a) All information offered by Woeste Projektentwicklung GmbH is solely intended for download for personal use. Any use outside these limits, in particular reproduction, resale or commercial use is a violation of Copyright Law. Such use is therefore prohibited and subject to criminal prosecution and claims for damages. If a purchase on APP - Store of third party providers through an “APP” will be implemented, the Terms and Condition of the App - Store shall apply exclusively for such a purchase, because Woeste Projektentwicklung GmbH is not the provider of such an APP - Store.
b) If we shall provide so-called applications for retrieval by devices for mobile telecommunications, called “Apps”) via Apple iTunes, via Google Play or any other App - Store, the contractual terms of the App – Stores will take precedence. The purchase of such an App is subject to the conditions applicable to the respective App Store. The Terms and Conditions maintained here do not apply to this acquisition.
12. Final Provisions
a) The above General Terms and Conditions are governed by the Laws of the Federal Republic of Germany. In the case of consumers, this choice of law only applies if the consumer is not denied the protection granted to the consumer by the mandatory provisions of the laws of the country in which the consumer is normally resident.
b) Electronic communication is legally binding.
c) If any provision of these Terms and Conditions in whole or in part, violate mandatory law or be void or invalid for any other reasons, the validity of the remaining provisions shall remain unaffected. As far as clauses shall be invalid, the relevant statutory law will be applicable instead.
13. Communication with the Operator of this Service
Any user can send messages to the operator of this service and request information under email@example.com or telephone with the operator under +493029009501 telephone contact (10h -18h).
The Operator of this Service is:
Woeste Projektentwicklung GmbH
Company – Identification - Number: HRA (Amtsgericht Berlin – Charlottenburg)
Data – Protection - Officer: firstname.lastname@example.org
Copyright 2015 © Woeste Projektentwicklung GmbH – all Rights reserved
DELIVERY / SHIPPING / RETURNS HANDLING / DELIVERY TIME
1. Express orders which will be carry out until 15 o’clock per working day, but only with the exclusive payment method “Credit Card” and only if we will offer such a service. In this case the goods will be shipped to you on the same day you made your order.
2. We offer the following payment options
- VISA (http://www.visa.de/zahlungsmoglichkeiten/kartenzahlungen)
- MasterCard (http://www.mastercard.com/de)
- American Express (https://www.americanexpress.com/germany).
- PayPal (https://www.paypal.com/de/home). Once the amount to our PayPal account is received, the goods will be sent to you.
If the payments will be transferred through Electronic - Payment – Systems (like PayPal, for example), the specific rules of such services will apply only, concerning to the transfer of the payment between the Purchaser and the Seller.
The invoice sent with the goods confirms the received payment.
3. Delivery Costs
Delivery costs vary according to product weight and country, and will be displayed before you confirm your purchase.
4. The prices stated in our product ranges are gross total prices including statutory (German) VAT and shipping costs, which are legally binding. All prices are final prices including German VAT of 19%, at the moment. For delivery to commercial customers in EU countries outside the Federal Republic of Germany, the German VAT is not calculated when the order is placed with a valid VAT Identification Number, which is given to us. For all other deliveries to EU countries German VAT is calculated. When shipping to non-EU countries the prices are reduced by the VAT contained therein, but may need to be paid by the purchaser in the country of destination. For deliveries to countries outside the European Union higher costs are possible. In this particular case the seller is not responsible at all for such costs. Such costs shall be borne by the customer exclusively. These include costs for the transfer of funds through banks (e.g. transfer fees, exchange fees) or legal import duties or taxes (e.g. customs duties). The customs authorities of the destination country will issue information on these topics.
5. The delivery will be effected by the agreed delivery date to the specified delivery address of the purchaser, unless otherwise agreed. We will ship the goods in Germany about DPD (https://www.dpd.com/de_privatkunden). For any returns, you can use the Return Service of DPD. The likely delivery time is stated in the respective articles.
6. In addition to the prices of the goods there will be freight and shipping costs, as costs of transport. Discounts and rebates are granted, unless this would be reported separately in the respective offers. The mode of shipment shall be in accordance with its reasonable discretion in economic terms.
7. If the purchase is based on a voucher, the customer will receive a new voucher in case of a justified revocation. This replaces the dilapidated voucher.
8. Delivery time
The delivery time is 3-7 days in Europe.
If the customer orders multiple items at the same, different delivery times are possible. We are allowed to ship the goods - subject to the availability - in several separate consignments. Additional shipping costs will not apply for it.