Terms and Conditions
SCOPE / CONTRACTUAL PARTIES
The following "Terms and Conditions" apply for all business transactions inbetween you as a private customer and the "Schöffmann Textilhandel und Vertriebs GmbH" as the operator and owner of the OLEANDA Online Store. The terms and conditions are relating in specific to the purchase of any item and service offered and sold by the Schöffmann Textilhandel und Vertriebs GmbH in the Online Store - OLEANDA.COM. When forming a contract only the terms and conditions being valid at the time of the conclusion of the contract are of relevance. We define the status of a private customer in accordance with §13 BGB.
OFFER / CONCLUSION OF CONTRACT
The presentation of the items in our online store does not represent a legally binding offer, but a non-binding online catalog. By clicking on the "BUY" Button at the end of the checkout process and in accordance with § 145 BGB , you are placing a legally binding order over the items being listed in your shopping cart.
Conclusion of contract when paying via "Bank Transfer":
After clicking the "BUY" button in the last step of the checkout process, you will receive an order confirmation email. The order confirmation does not represent a legally binding acceptance of your purchase and is only intended to inform you that we received your order. Shortly after, in a subsequent second email, you will receive your invoice including the OLEANDA bank account information for the required money transfer. In this moment and solely over those items being listed in the invoice, a contract of sale is reached. As soon as your package left our warehouse, you will receive the shipping confirmation email with a link that guides you to the detailed DHL tracking information of your shipment. Please note that payments via Money Transfer are due within 10 calender days upon receipt of the invoice.
Conclusion of contract when paying via Credit Card:
When placing an order in our store, you will be asked for the relevant credit card information in the last step of the checkout process and to finalize your purchase by clicking the "BUY" button. Your credit card will not be charged at this moment. The amount had been reserved only. After having concluded the checkout process you will receive your order confirmation email. This order confirmation does not represent a legally binding acceptance of your purchase and is only intended to inform you that we received your order. The conclusion of contract happens with the receipt of the subsequent invoice email. Only for the items listed in this email, a sales contract had been reached in that moment. Your credit card will only be charged when your shipment is leaving our warehouse and solely for those items being shipped. In this moment you will receive your shipping conformation email with a link to the detailed DHL tracking information of your shipment.
Conclusion of contract when paying via PayPal:
After finalizing your purchase by clicking on the "BUY" button in the last step of the checkout process, the PayPal login window will be opened for you in a separat window using a secure connection. After you logged yourself into your PayPal account, you will make your payment. After the confirmation of your PayPal payment to the Schöffmann Textilhandel und Vetriebs GmbH, you will be automatically redirected to our website. There you will see the confirmation of your successful purchase at OLEANDA.COM - in this moment the conclusion of the sales contract had been reached.
We reserve the right to fully reject an order or to limit an order to normal household quantities. In such a case we will notify you via email and refund any payment that already had been made immediately.
RIGHT OF REVOCATION / RETURNS POLICIES
RIGHT OF REVOCATION
You have the right to revoke your declaration of intent to conclude the contract within two weeks (all purchases from inbetween the 01.12 to the 17.12 can be returned until the 31.12 of the same year) without stating reasons. The revocation period begins starting from the day that you or a third party named by you (and that is not the transporting logistic company) took possession of the goods. The returned goods must be in a flawless condition. In order to exercise your legal right of revocation correctly, you must inform us about the return - which also has to be send to the following address -
Schöffmann Textilhandel und Vertriebs GmbH, Pommernstrasse 70, 65824 Schwalbach am Taunus, Germany // Tel: 0800/80033800 (Gratis Hotline Deutschland) oder +49 (0) 6196568039 // Fax: +49 (0) 6196/83354 // Email: firstname.lastname@example.org
by sending us a written declaration (for example a written letter, a telefax or via email) or by simply calling us. You can but you don t have to use our optional online form. In order to be within the revocation period, it is sufficient to give us said notice within the 14 days revocation period. Simply returning items without giving the correct notice of your revocation in writing or via telephone shall not be sufficient to amount to compliance to the revocation period. To do so, you can also send us the filled out "Return Note" that is included in your shipment as a scan/photo via Email or letter.
In case of sealed goods, that due to reasons of health protection and/or hygiene are not suitable for returns (Stockings, Pearl Thongs, Nipplets, Sextoys), the right of revocation expires once a hygiene seal had been removed or broken. (§ 312g Abs. 2 Nr. 3 BGB). Items that had been returned to us with a removed or broken hygiene seal will not be refunded and disposed of.
CONSEQUENCES OF THE REVOCATION
In case of an effective revocation, you are required to return all relevant items within 7 days after posting the revocation and we are required to reimburse you within 14 days starting from the day that we received the goods. We will also reimburse potential shipping costs (only valid for customers from within the EU), except the costs that might have occured by the customer choosing a different shipping option than our cheapest standard delivery. We do not reimburse costs for our optional express and cash on delivery shipping service. For all refunds we are using the same payment method that had been selected by the customer when purchasing in our store, unless we specifically agree to another option. In any case, there will be no additional charges for refunds. Please note, that we reserve the right to postpone any reimbursement until we have actually received the relevant items and had a chance to inspect them. Returned goods have to be in a new and mint condition.
All returns have to be send to the following address:
Schöffmann Textilhandel- und Vertriebs GmbH, Pommernstrasse 70, 65824 Schwalbach am Taunus, Germany
From within Germany, any goods eligible for shipping will be returned at our expense and risk. Customers with a shipping address outside of Germany, will have to bear the regular costs and risks of a return shipment. For our clients based in Germany, returns are only free of cost when using our official return service. Should the receipt of a shipment - independant from the shipping destination - be declined and the shipment is being send back to us this way, all occuring extra costs of the return will be deducted from the refund.
You will only have to compensate us for the loss of value of an item, if said loss of value is due to an unneccessary way of handling an item beyond the standard inspection and try on as it would be possible in a retail store.
END OF THE INFORMATION ABOUT THE RIGHT OF REVOCATION
THE LEGAL EXCLUSION OF THE RIGHT OF REVOCATION
The right of revocation is not in effect for goods that had been made to customer specifications. Goods with a broken hygiene seal (Sex Toys, Stockings, Pearl Thong Lingerie, Nipple Pasties) can not be returned or exchanged. Goods that show signs of damage and/or deteroation (for example soiling or staining) can not be returned or exchanged. Goods that had been washed and/or altered can not be returned.
IMPORTANT INFORMATION ABOUT THE RETURN OF GOODS
Please note, that the originally attached manufacturers hang tag is an essential valuable component of every product that can not be removed at any time if you want to return an item. All items must be returned in a new and mint condition and can not show any signs of damage, deteroation or staining. Items can not be washed, altered or sprayed with liquids of any kind (Perfume/Odor-Eliminating products etc.). For items that due to a non consideration of basic hygiene measures and/or an unneccessary way of handling an item beyond the standard inspection ("try on") show the above mentioned signs, we reserve the right to ask for compensation or to decline a return/refund. In order to avoid that, we kindly ask all our customers to handle our goods with care, to wear underwear when trying on bottoms of any kind and to not make use our products beyond a simple try on if you intend to return them. As mentioned above, items with a broken hygiene seal can not be returned. Please return all items in their original manufacturers packaging and the OLEANDA shipping box for a maximum in transport protection.
Free returns and exchanges from within Germany:
In case you should make use of your 14 days right of revocation (all purchases from inbetween the 01.12. and the 17.12 can be returned until the 31.12 of the same year) from within Germany, we offer you our free of cost DHL-Return Service. This way, a return from within Germany is at no extra cost for you. Send us an email or give us a quick call and we will send you your return ticket. Should you need an item in another colour or size, we would like to ask you to just place another order in our store. Please note, that only return shipment with our DHL service are at our cost and risk. Should you decide not to use our return service, please understand that we will neither accept nor process any packages that had been sent to us insufficiently stamped and that you will have to bear the extra costs. If you decide not to use our official return label, please make sure that the package is sufficiently stamped and insured. We can not be held responsible for any damages and losses.
Returns and exchanges from all other countries:
Please understand that customers with a shipping address outside of Germany will have to bear the regular costs and risks of a return shipment. Ask your local customs office for all relevant details. Please make sure that the senders name on your return shipment equals the name on your official OLEANDA invoice (needs to be included in the return shipment) in order to avoid re-import taxes. Should you need any item in another size or colour, we would like to ask you to just place another order at OLEANDA.COM. Please note that we can neither accept nor process any packages that had been sent to us incorrectly or insufficiently stamped and that you will have to bear the extra costs. Please make sure the package is sufficiently stamped and insured when sending it to us. We can not be hold liable for any damages or losses.
After having received and examined the returned goods, we will refund the corresponding amount within 14 days and send you a Refund Note PDF via email as confirmation. The refund is being processed based on the payment method selected by the customer when purchasing. In case of a credit card payment, the refund will be made to your card respectively to the bank account that is connected to it. In case of a money transfer payment, please write down your bank account information on the Return Note that is included in your shipment and we will wire you the money. (Express shipping costs are not refundable.) In case you paid your purchase via PayPal, the refund will be made to your PayPal account. Our free of charge "Action Vouchers" will neither be refunded nor paid out in cash. Please note that potential custom fees that might apply for purchases with a delivery address outside the EU are non refundable.
Warranty / Complaints / Transport Damages / Limitations of liability:
The legal warranty rights apply. All products are being checked for damages and send to you in mint condition. Please check your shipment for completeness, correctness and damages upon arrival. Should you experience a problem with one of our products, please contact our customer service immediately. In the proofen case of an incorrect delivery (wrong product, size or colour), we are covering the return costs for all our customers. Should your package be damaged upon arrival, please file a complaint directly to the delivering postal service, refuse the acceptance of the package and contact our customer service. In case of non-observance the right of revocation is not precluded. In case of justified complaints, we are obliged to either perform a subsequent improvement or replacement. If we should not be able to perform either an improvement or replacement, you are entitled to a reduction or a withdrawal from the purchasing contract. In case of a negligent breach of duty our liability as well as the liability of our vicarious agents is limited to the foreseeable, immediate average damage typical for the contract. In case of slightly negligent breaches of non significant conractual duties which does not endanger performance of the contract our liabilty and that of our vicarious agents is excluded. Oleanda Lingerie respectively the Schöffmann Textihandel und Vertriebs GmbH can not be hold liable for damages that have not been caused to delivered items themselves as well as for claims for compensation of lost profits or other financial losses of any kind. The mentioned limitations do not affect your product warranty claims or guarantees. We shall only be liable for our own contents on our website OLEANDA.COM. We are not liable for the contents of third parties that are accessable from our website or that link to our website by the means of hyperlinks. If it comes to our attention that the content of any of those sites is unlawful, we will block the access to them via OLEANDA.COM immediately.
Should your shipping address be outside of the european economic area (EEA), you may or may not be subject to import duties/taxes depending on the total amount of your purchase and your countries import regulations. Any such additional charges that may apply will have to be paid by you. Please contact your local customs office in the relevant jurisdiction for further information on customs policies and duties.
PRICING / DELIVERY TIMES & SHIPPING / PAYMENTS
If our prices are shown including or excluding the value added tax of 19% is depending on the country you are selecting in the delivery address when opening an account with us. Should you visit our website without being logged in as a registered customer, prices will be shown including the value added tax of 19% percent. Should your delivery address be outside the EU, the prices are being automatically reduced by 19% percent after the login into your customer account.
Delivery times & Shipping:
All items we offer in our store are in stock and will be made ready for shipment the same day of the receipt of your payment. Any delivery times mentioned on our website are estimates only for which we can not be hold liable. Shipments within Germany usually arrive within 2-4 days. Shipments within the EU usually arrive within 3-6 days. Shipments to the rest of the world can arrive inbetween 5-14 days. Deliveries outside the EU can take longer due to greater distances and possible custom checks. In the unusual case of a delayed shipment, we will contact you immediately via email. Should we not be able to ship ordered goods within 30 days, we will refund any payment that already had been made. All purchased are being shipped in collaboration with our logistic partner DHL to traceable postal addresses and within Germany also to DHL Packstationen. Interational Shipments are being made as DHL Premium shipments to speed up the delivery process.
For our german customers we also offer the DHL Express Shipping option. Orders must be placed before 1 P.M. in order to arrive the next day.
We do accept payments via Credit Card (Visa, Mastercard, American Express), via "Bank/Money Transfer" in which case a payment is due within 7 calender days upon receipt of the invoice, via C.O.D. Cash on delivery and PayPal. Please note that one order can not be paid with multiple credit cards. Please visit our information page "PAYMENT METHODS" and also read the above listed paragraph "CONCLUSION OF CONTRACT" for further informations.
We also accept purchased OLEANDA Voucher Balance and Action Vouchers (which you can receive as part of our newsletters) as a valid payment option. In no case, OLEANDA Voucher balance or Action Vouchers will be paid out in cash.
RESERVATION OF OWNERSHIP
We retain title of ownership to the delivered goods until the purchase price has been paid in full to the "Schöffmann Textilhandel und Vertriebs GmbH". We reserve the right to step back from any sales contract in case the customer fails to make the payment within 10 days starting from the receipt of the invoice.
The law of the Federal Republic of Germany applies only. The terms of the UN Sales Convention do not apply.
INFORMATIONS ABOUT THE ONLINE DISPUTE RESOLUTION PLATFORM OF THE EU - ODR PLATFORM
The european commission is providing an internet platform to solve potential disputes that may arise from possible contractual duties of online purchasing contracts extrajudicial/amicably online. (the so calles ODR-Platform). You can find the ODR-Platform by clicking on the following link: http://ec.europa.eu/consumers/odr - We are neither willing nor obligated to participate in any case of arbitration via said platform.
The law of the Federal Republic of Germany applies only. The terms of the UN Sales Convention do not apply. Sind oder werden einzelne Bestimmungen dieser Allgemeinen Geschäftsbedingungen unwirksam, so wird dadurch Should individual provisions of out terms and conditions be or become invalid, the validity or practicability of the remaining provisions are not being affected thereby. The invalid provision shall be replaced by a legally valid provision with the same effect. In case that the customer has no place of general jurisdiction in Germany, or has transfered his place of residence or habitual abode to a country other than germany after the conclusion of the contract, or if the customers residence or habitual abode is unknown when the legal action is being filed, our place of business shall be the exclusive place of jurisdiction for any dispute and claims arising from this contract. We do reserve the right to deactivate customer accounts.
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