Policies


 

(Version of November 2006)

§ 1 Area of validity

The business relationship between Lucky Diva (hereinafter referred to as LD) and the customer shall be exclusively subject to the
following General Terms of Trade in the version which is valid at the time of the order. Any conflicting terms of trade of the customer shall not be accepted by LD.


§ 2 Conclusion of contract

The presentation of the goods on the website of LD (www.hellohomepage.de/luckydiva) is an invitation to submit an offer. An effective offer shall be deemed to have arisen when it is confirmed in writing by LD. The receipt of the order and its volume shall be confirmed by an e-mail from LD within 48 hours, and this shall serve merely to provide information to the customer/ordering party. The acceptance of the offer by LD shall only become effective with the despatch of the goods and confirmation of despatch by e-mail. The contract partner shall always be LD.

 
§ 3 Guidance on revocation

(1) The following right of revocation shall only apply to private
consumers.

(2) The customer shall have a 14 day right of revocation of the contract. The period for revocation shall begin with the receipt of the goods by the customer. Revocation may be declared without giving reasons by returning the goods or by a declaration to BPh in a text format (e.g. by fax, letter or e-mail).

(3) The declaration of revocation shall be sent to:

Lucky Diva
Marnie van Helsing
Bergmannstr. 101
10961 Berlin
Germany

E-Mail:
luckydiva@gmx.de

(4) Please contact us before returning your delivery via email at
luckydiva@gmx.de using the topic "Return of Lucky Diva goods".

§ 4 Consequences of revocation

(1) In the event of an effective revocation, the performance received by each party shall be returned. If the customer is unable to return the received performance in whole or in part, or only to return it in a deteriorated condition, compensation for the value must be
provided. This shall not apply to the provision of property if the deterioration of the property results exclusively from inspecting it – as would have been possible, for example, in a shop. Otherwise the customer can avoid the obligation to provide compensation for the value by not taking the property into use as if it were his/her own, and by refraining from any action which would impair the value. Property shall be sent back by parcel. The customer must fulfil any obligations to make reimbursement for payments within 30 days after sending his/her declaration of revocation.

(2) For delivered goods the customer shall bear the costs of the return consignment unless the delivered goods were not the goods that were ordered or if they had been already damaged before having been sent out by LD. Otherwise, the return consignment shall be free of charge in the event of revocation.

§ 5 Exempted articles

It is pointed out that the customer shall not have a right of revocation under the terms of Clause 3 of these terms of trade for the following goods:

 (1) Goods produced to the customer's specifications, goods which have been personalised at the request of the customer,

 (2) worn clothing.

§ 6 Payment and Delay

(1) The payment for goods can only be made via Pay Pal.

(2) In the event of delayed payment by the customer, LD shall be entitled to charge default interest at an interest rate of 5% above the base interest rate p.a. announced by the European Central Bank.

§ 7 Delivery and reservation of unavailability

(1) The goods shall be supplied by our despatch service. In the event of a delivery abroad, the customer shall bear all extra costs which arise from tax and customs.

(2)  The shipping charges displayed when using the automatic buy buttons are those for delivery within Germany.  As stated in the shipping section international customers are to ask by email for further details before purchasing goods on this website and will be instructed by email within 72 hours. Payments via Paypal excluding proper shipping charges will be cancelled and money  will be
returned, yet the customer will be charged for fees occurring by the transition(s).

(3) Shipping charges:

Please visit our shipping charge site.

(4) LD undertakes to supply goods which are equivalent in quality and price. The delivery shall be subject to the availability of the goods. It is pointed out that certain special offers are limited both in time and in quantity.

§ 8 Set-off, retention

The customer shall only be entitled to a right of set-off if its counter-claims have been awarded by an unappealable ruling or accepted by LD. Furthermore, the customer shall only be entitled to a right of set-off insofar as the counter-claim is based on the same contractual relationship.

§ 9 Reservation of ownership

The goods shall remain the property of LD until the purchase price has been paid in full.

§ 10 Liability

LD shall not accept any liability for any damage which may arise from a violation of obligations, especially by the delivered goods,
unless the damage was caused deliberately or by gross negligence. In particular, LD shall not be liable for loss of profit or any other
consequential loss.

§ 11 Place of jurisdiction

 (1) The place of jurisdiction is Berlin, Germany. If the customer does not have a place of residence or normal place of abode within the country or if such address is not known to LD and/or if the customer is a business merchant in the meaning set forth in the German Commercial Code (HGB), the agreed place of jurisdiction in the event of any court action shall be deemed to be Berlin, Germany.

§ 12 Governing Law

The contract is governed by German law to the exclusion of UN commercial law.