Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter referred to as: GTC) apply to all contracts concluded via our online shop between us, company:
Glück & Glanz CGN GmbH, represented by Phillis Maaß and Mirko Biendara (Pfeilstr. 31-35, 50672 Cologne, email: info@glueckundglanz.de , phone: +49 221 67779422), hereinafter referred to as " seller " or " we ," and you as our customer, hereinafter referred to as " customer " or " you ." These terms and conditions apply regardless of whether you are a consumer, entrepreneur, or merchant. The version of the terms and conditions valid at the time the contract is concluded shall apply.

(2) We do not accept any deviating terms and conditions of the customer. This applies even if we do not expressly object to their inclusion.

(3) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.
 

§ 2 Conclusion of contract

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract, but are merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.

(2) You can select products from our range, in particular used designer bags and small leather goods, as well as additional products for bags, and collect them in a so-called shopping cart by clicking the "Add to Cart" button. By clicking the "Buy" button, you submit a binding request to purchase the goods in your shopping cart. You can change and view the data at any time before submitting your order. However, the request can only be submitted and transmitted if you have accepted these terms and conditions by clicking the "Accept Terms and Conditions" button, thereby incorporating them into your application.

(3) We will then send you an automatic confirmation of receipt by email, which lists your order again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we submit the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, General Terms and Conditions, and order confirmation) on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(4) We can only accept orders for deliveries abroad if a minimum order value is exceeded. The minimum order value can be found in the pricing information provided in our online shop.

(5) The contract shall be concluded in German.

§ 3 Delivery conditions

(1) We are entitled to make partial deliveries, provided this is reasonable for you.

(2) Delivery times stated by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price (except for purchases on account). If no or no different delivery time is specified for the respective goods in our online shop, the delivery time is 1-3 working days. Outside Germany, this delivery time may vary.

(3) If no copies of the product you have selected are available at the time of your order, we will notify you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from accepting the order. In this case, no contract will be concluded.

(4) If the product you have specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

(5) Worldwide delivery is possible. Please note that delivery costs outside of Germany may apply.

(6) During certain events, we will include an exclusive free goody bag with every order with a merchandise value of €200 or more (after deducting any discounts), while supplies last. Please note that the goody bag does not need to be returned in the event of an exchange. However, in this case, the purchase value of the goody bag will be deducted from the refund amount. This promotion cannot be combined with other promotions.
 

§ 4 Prices and shipping costs

(1) All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any shipping costs.

(2) Shipping costs are stated in our prices in our online shop. The price including VAT and applicable shipping costs is also displayed in the order form before you submit your order.

(3) If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration, you can, under the statutory conditions, demand reimbursement of the costs already paid for delivery to you (shipping costs).

(5) The goods will be shipped by post. If you are a consumer, we bear the shipping risk. 

(6) In case of cancellation of the purchase, you will receive a free return label. Please contact us by email.

§ 5 Terms of payment

(1) You can pay in our online shop by invoice, credit card, direct debit, or PayPal. Payment by invoice is only possible for new customers for their first order up to a value of EUR 100. 

(2) You can change the payment method stored in your user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar date, you will be in default simply by missing the due date. In this case, you will be charged interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The obligation to pay default interest does not exclude us from claiming further damages caused by default.

§ 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 7 Warranty

(1) We are liable for material or legal defects in delivered items in accordance with applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins upon delivery of the goods. If you are a business owner, the warranty period for goods delivered by us is 12 months. 

(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be included with the items.
 

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the Seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the Customer has claims for damages resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the Seller’s legal representatives and vicarious agents if claims are asserted directly against them. 

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the seller fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the seller and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 10 Statutory right of withdrawal for consumers

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must inform us (Glück & Glanz CGN GmbH, Pfeilstr. 31-35, 50672 Cologne, Germany, info@glueckundglanz.de, telephone: 0221-67779422) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

The right of withdrawal does not apply to the following contracts:

* Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

– To Glück & Glanz CGN UG (limited liability), Pfeilstr. 31-35, 50672 Cologne, Germany, info@glueckundglanz.de

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
Goods (*)/provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notification is made on paper)

- Date

(*) Delete as appropriate.

Special notes
If you finance this agreement with a loan and later revoke it, you are no longer bound by the loan agreement, provided that both agreements form a single economic unit. This is particularly the case if we are also your lender or if your lender uses our assistance with financing. If the loan has already been paid to us when the revocation takes effect, your lender will assume our rights and obligations under the financed agreement with regard to the legal consequences of the revocation or return. The latter does not apply if the present agreement concerns the acquisition of financial instruments (e.g., securities, foreign currencies, or derivatives).

If you want to avoid a contractual obligation as much as possible, make use of your right of withdrawal and also revoke the loan agreement if you are also entitled to a right of withdrawal for this.

§ 12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and are domiciled in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.