General Terms and Conditions
________________________________________The GTC are applicable to all purchase contracts that are
by means of the telephone customer service established by Bikinilista (hereinafter "telephone order")
via the e-commerce area of the internet offer at bikinilista.com (hereinafter "online order")
regarding products to be delivered shall be concluded.
Contracts based on telephone or online orders shall only be concluded on the basis of the GTC. Regulations deviating from these GTC shall only become part of the contract if expressly confirmed by Bikinilista in text form. The provision of services in the knowledge of deviating regulations shall not be deemed to be an express confirmation.
The customer receives the GTC in writing with the delivery of the products at the latest. The customer can save and/or print out the text of these GTC at any time via the Internet offer at bikinilista.com. In the case of telephone orders, the customer may also receive these GTC by fax or e-mail.
§ 2: CONTRACTUAL PARTY OF THE CUSTOMER
Contracts based on telephone or online orders are concluded with Bikinilista S.r.l. The legally required information about Bikinilista S.r.l is provided in the e-commerce area of the internet offer at www.bikinilista.com under "Terms of use / Imprint".
§ 3: INFORMATION ON THE ARTICLES
Detailed information, as well as the essential characteristics of all products offered by way of telephone or online order, are available at bikinilista.com. Any photographs, descriptions and drawings of the products offered for sale are only exemplary and do not become part of the contract. Additional questions about the products can also be directed to the customer service by phone.
Insignificant but recognizable deviations in color and shape can not always be avoided. They do not represent a defect for which Bikinilista would have to take responsibility. Legal claims for defects remain unaffected.
§ 4: ORDER OF ARTICLES, CONCLUSION AND CONTENT OF THE CONTRACT.
4.1 Online orders
Online orders can be placed via the website at
bikinilista.com
be placed by selecting an offered product and completing the designated ordering process.
Once the customer has chosen a product, he can select it without obligation by clicking on the corresponding button. He can view the content of the selection at any time by clicking on the corresponding icon at the top of the web page. Products in the selection can be removed from the selection by the Customer. If the Customer wishes to purchase the product, he/she must click on the corresponding button and then enter his/her data. The mandatory data are marked accordingly. The data is transmitted in encrypted form. After entering the data, the customer is taken to the order page, where he can check his entries again. The customer can make changes by clicking on the "Back Button" of his browser or the website. By clicking the button "Buy now" the customer completes the ordering process. The process can be cancelled at any time before clicking the "Buy now" button by closing the browser window.
4.2 Telephone orders
Orders can be placed in any language. They are placed every working day between 9:00 am and 6:00 pm by the customer service either the phone number
+49 (0)69 - 173261340
accepted at the long-distance rate.
4.3 Conclusion and content of the contract
Bikinilista reserves the right to refuse telephone or online orders. In case of rejection of an order by Bikinilista, the customer will not incur any costs, apart from the connection costs (telephone/internet).
The purchase contract between the customer and Bikinilista shall be concluded by Bikinilista accepting the offer made by the customer's order. Acceptance by Bikinilista may be expressly declared to the customer by means of a shipping confirmation sent by e-mail. If the acceptance is not expressly declared (especially in the case of telephone orders), the delivery of the ordered products to the customer shall be deemed as acceptance. The confirmation of receipt of the order shall not yet be deemed as acceptance.
If the customer chooses to pay in advance, the purchase contract shall be concluded, in deviation from the above provision, upon Bikinilista's request for payment. In case of payment by credit card, the purchase contract shall come into effect with the debiting of the customer's credit card in accordance with § 6, if this takes place prior to the dispatch of the products or an otherwise declared acceptance. This shall not apply to down payments to be made by the customer, where the amount of the down payment shall be charged on the agreed due date.
For telephone or online orders, the text of the contract will not be stored by Bikinilista.
§ 5: PRICES AND DELIVERY COSTS
All prices are inclusive of VAT. Unless otherwise expressly stated in Bikinilista's internet offer or when ordering by telephone, no delivery costs are incurred for telephone and online orders.
For online orders, the prices shown in the internet offer at bikinilista.com at the time of the order apply. The amount to be paid by the customer (product price and delivery costs, if applicable) will be displayed to the customer during the online ordering process.
In the case of telephone orders, the customer will be informed of the inclusive price for the ordered product and the delivery costs, if any, during the telephone call with customer service.
Upon delivery, the customer will receive a written confirmation of payment for each product, a statement of the price and any applicable delivery costs. For online orders, the customer will receive an e-mail confirmation of receipt of the order and a confirmation of shipment.
§ 6: PAYMENT TERMS, INVOICE
The purchase price payment is made exclusively by credit card payment, payment through PayPal or as SOFORT bank transfer.
In case of payments via PayPal or SOFORT, the customer will be redirected to the website of PayPal or SOFORT during the order process to make the payment there. In the case of telephone orders, the customer will receive an e-mail with a link to the SOFORT website. Unfortunately, a payment via PayPal is not possible for a telephone order.
Visa cards, Eurocard/Mastercard and American Express cards are accepted for credit card payments. For security reasons, the billing address for telephone and online orders must match the address provided for the credit card.
The customer's credit card will be charged when the order is prepared for shipment. Deviating from this, for products that have been made according to customer specifications or are clearly tailored to the customer's personal needs, the credit card will already be charged when the order is confirmed to the customer and the order is placed for production by Bikinilista.
By using the credit card when ordering by telephone or online, the customer confirms that he is the holder of the credit card and that it is issued to him. Furthermore, he/she shall provide the card number with sixteen or fifteen digits for American Express, the validity date and, if applicable, the check digit located on the back or front for American Express of his/her card.
Bikinilista will send the customer an invoice for the purchased products. This will be done electronically by email to the email address provided when placing the order.
§ 7: DELIVERY
The customer has the option to have products delivered to a natural person of his choice. If an order includes several products, delivery to different addresses is not possible.
The delivery of Bikinilista products to the address of the customer or a recipient designated as above shall take place after the payment of the purchase price has been booked at Bikinilista, provided that Bikinilista accepts the order.
Bikinilista delivers Bikinilista products by courier service.
If the packaging is visibly damaged upon delivery, Bikinilista asks the customer to open the package in the presence of the carrier to check the condition of the product. If the product is damaged, the customer should note this on the delivery bill. In addition, the provisions of § 11 are applicable. The legal claims of the customer due to defects are not affected by this.
§ 8: RIGHT OF REVOCATION AND RETURN OF PRODUCTS
In the case of a telephone or online order, the customer (consumer) has a statutory right of withdrawal:
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Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must Bikinilista
(Bikinilista, Opernplatz 14, 60313 Frankfurt am Main; Tel.: +49 (0)69 - 173261340; e-mail via the function "Customer Service" - "Write an e-mail" in the category "Customer Service" on bikinilista.com) about your decision to revoke this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, Bikinilista shall repay to you all payments Bikinilista has received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by Bikinilista), without undue delay and no later than within fourteen days from the day on which Bikinilista has received the notification of your revocation of this contract. For this repayment, the same means of payment will be used that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
In the event that the customer returns the products without prior information and agreement with Bikinilista, Bikinilista shall not be responsible for the return shipping costs and may refuse the refund until Bikinilista has received the products back or you have provided proof that you have returned the products, whichever is earlier.
You shall only be liable for any loss in value of the products if this loss in value is due to handling of the products that is not necessary for testing the condition, properties and functioning of the products.
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The right of withdrawal does not apply to distance contracts
for the delivery of products which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer,
for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
about products that are made according to customer specifications or are clearly tailored to the personal needs of the customer. When ordering such products, the customer will be informed by telephone or on the Internet offer of the non-existing right of exchange.
If the customer has used the gift service, only the customer is entitled to revoke. The right of withdrawal cannot be exercised by the recipient of the gift, unless the customer has authorized him to do so.
§ 9: EXCHANGE
In addition to the statutory rights (revocation, claims for defects), Bikinilista gives the customer the opportunity to exchange delivered products in the manner described below.
The right of exchange does not apply to products that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer. When ordering such products, the customer will be informed of the non-existing right of exchange by telephone or on the Internet offer.
The right to exchange can also be exercised by the recipient of the gift within the framework of the gift service. In the event of an exchange by telephone via the customer service, no refund of the pro rata purchase price shall be made to the recipient of the gift, but only to the customer if there is a price difference between the exchanged products.
The customer may within 14 days from delivery at its option:
- Call customer service to register the exchange and pack the products to be exchanged completely (especially including accessories, instruction leaflets, boxes, care instructions, price tags, booklets or other accessories) in their original packaging with a carefully filled out return slip and the original invoice and make them available for the service provider contracted by Bikinilista.
Regardless of the type of exchange chosen
- incomplete, worn, damaged dirty, obviously used or worn products are excluded from exchange.
- Bikinilista reserves the right to refuse an exchange if it has already been preceded by two consecutive exchanges.
In the event of exchange, the original purchase contract shall be cancelled. Payment based on the new purchase contract shall be made by offsetting in the amount of the repayment claim from the originally paid purchase price. The customer has to pay the remaining purchase price by way of an additional payment. If the repayment claim exceeds the new purchase price, the customer will be charged the remaining amount.
- refunded in case of exchange via customer service by refund to the (credit card) account or by refund to the customer's PayPal account;
In the event of an exchange via customer service, any new purchase contract concluded shall also be subject to these GTC.
§ 10: CLAIMS.
The customer is responsible for verifying that the Bikinilista products delivered match those ordered. If the delivered products do not match the ordered ones, it is the customer's responsibility to inform the customer service by phone and return the products in question.
Unless special assurances, which must be expressly designated as "warranties", are made to the customer with the delivery of the products, the statutory warranty provisions shall apply.
§ 11: RECLAIMS - INFORMATION.
For all information, complaints and questions regarding online and telephone orders or regarding the Bikinilista products themselves, the customer can contact the customer service of Bikinilista
by phone: +49 (0)69 - 173261340 or
by e-mail using the "Contact us" - "Write an e-mail" function in the "Customer service" category on bikinilista.com.
§ 12: DATA PROTECTION
The protection of personal data is an important concern for Bikinilista. Insofar as Bikinilista collects personal data during telephone or online orders, this data will only be used to answer customer inquiries, to process contracts concluded with customers and for technical administration. Bikinilista shall also be entitled to pass on personal data to third parties insofar as this is necessary for the execution of contracts (e.g. for the shipment of ordered products); the use of personal data by such third parties shall be contractually limited to this action on behalf of Bikinilista.
For online orders, the required personal data results from the online order form in Bikinilista's online offer. Further information on the use of personal data for online orders can be found in the data protection information published in Bikinilista's online offer.
In the case of telephone orders, the customer service records the personal data necessary for the execution of the purchase contract for Bikinilista.
In order to prevent credit card fraud and comparable actions to the detriment of Bikinilista, a check is carried out at the respective credit institution using the systems of the company Stripe Inc. in compliance with data protection regulations. For this purpose and for payment processing, personal data of the customer will be transmitted to Stripe Inc. Stripe Inc. is based in the USA, and Bikinilista has ensured compliance with an appropriate level of data protection comparable to that in the European Union through contractual agreements with Stripe Inc. In particular, Stripe Inc. is thereafter responsible for the secure storage and automatic processing of information relating to each order, including credit card data.
It is of great concern to Bikinilista that the company's information systems are adequately protected and secured. For this purpose, Bikinilista uses special tools that allow identification of potential security breaches. Through the use of such tools, it may be possible for the employees of this security service to gain access to the customer's personal data. This data is collected and processed solely so that the particular security breach can be adequately investigated. This is always done in full compliance with applicable data protection regulations.
In addition, Bikinilista has created an electronic database in which certain personal data of customers are entered when they place telephone orders. When a new customer places an order through customer service, this database is enriched with information concerning him/her, which subsequently makes it possible to better respond to the customer's expectations and facilitate the services provided by customer service. The information will not be forwarded to third parties. The collection, processing and storage of personal data for these purposes will take place only if the customer has given his express consent to the corresponding indication by the Customer Service, after having been fully informed about the use of the data.
The customer has the right to request information about the stored data as well as its deletion or, if necessary, correction at any time. For this purpose, a written request to Bikinilista at the address stated in § 11 of the GTC is sufficient. Further information about the collection, processing and use of personal data by Bikinilista and Bikinilista S.r.l when using the Internet offer at bikinilista.com can be found in the privacy information published there.
§ 13: TRADEMARKS / PROPRIETARY RIGHTS.
The trademark "Bikinilista" as well as all other trademarks found on Bikinilista products, accessories or packaging, whether they are figurative or word marks, illustrations, images or logotypes, and whether registered or not, are and shall remain the sole property of the Company Bikinilista S.r.l. Any reproduction, modification or use, in whole or in part, of these trademarks, illustrations, images or logotypes, for whatever reason and on whatever basis, without the express and prior consent of the company Bikinilista S.r.l, is strictly prohibited. The same applies to any combination or association with other trademarks, symbols, logotypes and, in general, any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models and patents owned by the company Bikinilista S.r.l.
§ 14: HIGHER VIOLENCE.
In the event of the occurrence of an unforeseeable event or force majeure that hinders or delays Bikinilista's performance of its obligations, the obligation to perform shall be suspended.
Such events include, but are not limited to, war, mass unrest, riots, social unrest, strikes of any kind, and delays in the supply of Bikinilista.
Bikinilista shall inform the customer immediately of the occurrence of such an event or force majeure. If Bikinilista's obligations are suspended for more than two weeks, the customer shall be entitled to withdraw from the contract. The refund of the purchase price shall be made in accordance with § 9 of the General Terms and Conditions. If the ordered products are finally no longer available, the customer shall be entitled to withdraw from the contract without notice.
§ 15: DISPUTE OF LAW - APPLICABLE LAW.
German law shall apply to the GTC.
In case of disputes regarding the order or delivery of Bikinilista products, the customer has the possibility to seek an amicable solution before initiating legal proceedings by contacting the customer service of Bikinilista S.r.l
by mail to Bikinilista, Opernplatz 14, 60313 Frankfurt am Main, Germany,
by phone: +49 (0)69 - 173261340 or
by e-mail using the "Contact us" - "Send an e-mail" function in the "Customer service" category on bikinilista.com
turns.
All legal disputes arising from the interpretation or execution of these General Terms and Conditions shall be subject exclusively to German jurisdiction.
§ 16: SAMPLE RESISTANCE FORM.
(If you want to cancel the contract, please fill out and return this form).
To
Bikinilista
Opera Square 14
60313 Frankfurt am Main
Germany
Email: Please use the contact form via the "Contact us" - "Write an email" function in the "Customer service" category on bikinilista.com.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following products (*)/provision of the following service (*)
Ordered on (*)/received on (*)
Name of the client/customer
Address of the client/customer
Signature of the customer (only in case of notification on paper)
Date_______________
(*) Delete as applicable.