General Terms and Conditions (GTC)
for using the internet platform https://www.anelee.de
Your provider and contractual partner:
ANELÉE
Owner Gergana Nedelcheva
Landsberger Allee 134
10369 Berlin
Owner: Gergana Nedelcheva
Sales tax identification number: DE315011429
Tax number: 32/453/01822
Small business according to § 19 UStG
ANELÉE operates an online shop at https://www.anelee.de.
The legally required instruction on the cancellation rights can be found here .
You can reach our customer service for questions, feedback and complaints at:
E-mail: info@anelee.de
We look for customer-oriented solutions in legal issues. You can call or write us. Of course, your rights remain unrestricted even if you do not contact us. The legislator obliges online providers in particular to provide numerous references to the contract and the applicable conditions. We have compiled these instructions and our other shipping conditions for you below. To the storage of these documents and the possibility of inspecting the text of the contract (text of the offer) please compare Section 3 of the General Terms and Conditions.
1. Scope of application & deadlines
1.1 The following terms and conditions apply to all orders made through our online shop. Our online shop is aimed exclusively at consumers.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.2. These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.
1.3 If working days are specified as deadlines, this includes all weekdays with the exception of Saturdays, Sundays and public holidays.
2. Contractual partner, conclusion of contract, correction options
2.1 The purchase contract is concluded with Gergana Nedelcheva, trading as "ANELÉE, sole proprietorship, Landsberger Allee 134, 10369 Berlin, Germany (hereinafter referred to as “Seller”).
2.2 The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and the explained correction aids.
By clicking the order button, you submit a legally binding order with regard to the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent. The contract is concluded after the payment has been completed depending on the payment method you have chosen.
2.3 Before bindingly placing the 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 recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.4 Possible errors that may be noticed after placing the order, should be reported immediately at info@anelee.de
3. Contract language, contract text storage and inspection of contract text
3.1 The German and English languages are available for the conclusion of the contract.
3.2 You can view these general terms and conditions with the general contractual provisions contained therein on our shop page www.anelee.de. You can also print or save this document using the usual functionality of your Internet service program.
3.3. You can also simply archive the data of your order by either downloading the terms and conditions and saving the data summarized on the last page of the ordering process in the online shop using the functions of your browser, or you wait for the automatic order confirmation that we will send you additionally by e-mail to the address you specified after completing your order.
When submitting an offer via the seller's online order form, the text of the contract shall be stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter).The seller shall not make the contract text accessible beyond this.
The order receipt confirmation via e-mail contains the data of your order and seller's terms and conditions and can be easily printed out or saved with your e-mail program. For security reasons, the contract text is no longer accessible via the Internet. We save the text of the contract and send you the order data together with our terms and conditions in text form.
3.4 Your order data will be stored by us, but for security reasons you cannot call it up directly. We offer each customer password-protected direct access ("My user account"). The customer undertakes to treat the personal access data confidentially and not to make it accessible to unauthorized third parties.
3.5 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
4. Delivery and shipping conditions
We currently offer shipping to the following countries:
Germany
EU-Member States
Switzerland
Liechtenstein
Shipping costs are added "on top" to the stated product prices and calculated at check out.
4.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing shall be decisive. Goods are delivered with the support of our shipping partner DHL / Deutsche Post, unless otherwise agreed. Unfortunately, a self collection of the product is not possible.
4.2 We deliver goods that are marked as "available" in the online shop at www.anelee.de immediately after order/payment receipt and order handling within 1-5 working days within Germany. Regarding shipping duration for other countries, please check our Shipping & Payment Policy or the respective product page. We indicate any deviating delivery times on the product page.
4.3 The exact shipping costs will be calculated at checkout after entering your data. For more detailed information, please check our Shipping & Payment Policy or the respective product page.
4.4 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
4.5 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
4.6 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
4.7 We do not assume any procurement risk. We are only obliged to deliver from our stock of goods and the delivery of goods that we have ordered from our suppliers.
4.8 Our obligation to deliver does not apply if, despite proper, congruent hedging transactions, we ourselves are not supplied correctly and on time and are not responsible for the lack of availability, have informed the customer of this immediately and have not assumed a procurement risk. If the goods are not available, we will refund any advance payment immediately.
4.9 The delivery time is extended appropriately in the case of circumstances affecting the delivery due to force majeure. Strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks through no fault of our own, operational hindrances through no fault of ours, e.g. through fire, water and machine damage, and all other hindrances which, from an objective point of view, were not culpably caused by us, are equivalent to force majeure. We will inform the buyer immediately of the beginning and end of such hindrances. If the impediment to performance in the aforementioned cases lasts longer than 4 weeks, the customer is entitled to withdraw from the contract. Further claims, in particular claims for damages, do not exist in this case.
4.10 In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over to the consumer or a recipient specified by him. This applies regardless of whether the shipment is insured or not. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are handed over, in the case of mail-order sales when the goods are delivered to the carrier or the person or institution otherwise responsible for carrying out the shipment.
5. Prices and terms of payment
5.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description. The shipping costs will be calculated at check out.
According to § 19 UStG no sales tax is charged in Germany and therefore not shown. The listed prices are end prices in Germany excl. any shipping costs which will be calculated at check out.
5.2 The payment option(s) will be communicated to the customer in the seller's online shop.
5.3 For possible deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.4 Credit card
When placing an order, you are requested to enter your credit card details. The credit card company will carry out an authorization check. After your legitimation as the legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. The contract with us is concluded at the time the credit card is being charged.
5.5 PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.
If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
5.6 Klarna/Sofort
If the payment method "SOFORT" is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately carried out by "SOFORT" and the customer's bank account is debited. More detailed information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/
6. Right of Withdrawal
6.1 Consumers are generally entitled to a right of withdrawal.
6.2 Further information on the right of cancellation can be found in the seller's cancellation policy .
6.3 Consequences of revocation
In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) that we have drawn are to be surrendered. If you can return the received goods to us in whole or in part only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value.
6.4 The return shipping costs are in case of withdrawal are borne by the customer.
6.5 Obligations to reimburse payments must be fulfilled within 14 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
7. Exchange & Return Policy
An exchange or a return that goes beyond the statutory 14-day right of withdrawal is not possible. However, if a product damage is to be determined after the immediate delivery of your package, please contact us as soon as possible. Since we always quality check before shipping, this is most likely not going to occur.
8. Retention of title
In relation to consumers, the seller reserves the right of ownership to the delivered goods until full payment of the purchase price owed.
9. Damage in transit
If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
10. Warranty and Guarantees
10.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the delivery of goods:
10.2 If the customer acts as an entrepreneur,
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the seller has the choice of the type of supplementary performance;
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in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
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the rights and claims due to defects are excluded in the case of used goods;
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the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
10.3 The above-mentioned limitations of liability and shortening of deadlines do not apply to
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for claims for damages and reimbursement of expenses by the customer,
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in the event that the seller has fraudulently concealed the defect,
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for goods which have been used for a building in accordance with their customary use and have caused its defectiveness,
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for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
10.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse shall remain unaffected.
10.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
10.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
11. Complaints Management
We value your customer satisfaction. You can contact us at any time using one of the contact methods specified above. We will try to check your request as quickly as possible and will contact you after we have received the documents or your input or complaint. However, please give us some time, as warranty cases often require the involvement of the manufacturer. In the event of complaints, you can help us if you describe the subject of the problem as precisely as possible and, if necessary, send us a copy of the order documents or at least state the order number, customer number, etc. If you do not receive a response from us within 5 working days, please ask. In rare cases, e-mails may have "stuck" in spam filters with us or with you, or a message may not have reached you by any other means, or it may have been omitted accidentally.
For service requests, please contact our customer service, which you can reach as follows:
ANELÉE
Attn. Gergana Nedelcheva
Landsberger Allee 134
10369 Berlin
Email: info@anelee.de
12. Redemption of Promotional Vouchers
12.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period. The vouchers are valid until the specified period.
12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
12.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12.4 Only one promotional voucher can be redeemed per order.
12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.
12.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
12.9 The promotional voucher is transferable. The seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
12.10. Multiple vouchers cannot be combined.
12.11. The (remaining) credit cannot be transferred to third parties.
13. Redemption of Gift Vouchers
13.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
13.2 Gift vouchers and remaining gift voucher balances are redeemable until the end of the third year following the year of purchase of the gift voucher. Remaining credits will be credited to the customer until the expiry date.
13.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
13.4 Only one gift voucher can be redeemed per order.
13.5 Gift vouchers can only be used to purchase goods and cannot be used to purchase any other gift vouchers.
13.6 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.
13.7 The balance of a gift voucher will not be paid out in cash or earn interest.
13.8 The gift voucher is only intended for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to verify the material eligibility of the respective gift voucher holder.
14. Privacy
The provisions of our data protection declaration apply to the use of your data.
15. Credit check, notification of negative data
We reserve the right to transmit your personal data to the credit agency in the event of non-contractual behavior if the service owed by you has not been provided despite the due date, the transmission is necessary to protect our legitimate interests and the claim has been established by a final judgment or a judgment that has been declared provisionally enforceable or there is a debt instrument pursuant to Section 794 of the Code of Civil Procedure; the claim was established in accordance with Section 178 of the Insolvency Code and was not disputed by the debtor at the examination date; you have expressly acknowledged the claim; You have been reminded in writing at least twice after the claim has become due, and there must be at least four weeks between the first reminder and the transmission of the data we have informed you of the forthcoming transfer in good time before the transfer of the information, but at the earliest with the first reminder, and you have not disputed the claim.
16. Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
17. Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
18. Alternative Dispute Resolution
18.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
18.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
GTC created with the help of Rechtstexter.de from Trusted Shops
Adjusted by the website operator.