General Terms and Conditions
The following general terms and conditions apply exclusively to all off-premises contracts agreed upon between Dora Herbst and our customers. We will not abide by any standard terms and conditions of the customer.
- CONTRACTING PARTIES
Your contractual partner is:
Marina Botafoch, Local 315
Bank.: TARGO Bank
- CONCLUSION OF CONTRACT
2.1 Upon completion of the order form, which is available at www.doraherbstibiza.com, and by sending the order form to us you make a binding offer (the “Offer”) to us, which we accept upon delivery of the goods. Any confirmation of the Offer or other correspondence by us sent to you subsequent to your Offer is not deemed an acceptance of the Offer.
2.2 The specific text of your order cannot be stored by us and is no longer available subsequent to completion of the order process (i.e. delivery of the goods to you). Therefore, we kindly ask you to save all notices sent by us and keep a copy with due care. Upon dispatch of your order you will have the opportunity to print your order data.
2.3 The goods sold by us are exclusively sought-after trendy products. Therefore, we may only have very few items in stock for some of the products offered or these items may not be available in all sizes. In case an ordered product becomes no longer available in the volumes required or if the delivery will be considerably delayed, we will inform you as soon as possible, at the latest within 30 days after receipt of your order. In this event you will not have a right to request delivery.
- STATUTORY RIGHT OF REVOCATION REGARDING CONTRACTS WITH CONSUMERS
3.1. Statutory Right of Revocation
You have the right to withdraw from an off-premises contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods respectively on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good respectively the last lot or piece.
To exercise the right of withdrawal, you must inform us (Dora Herbst, Marina Botafoch, Local 315, 07800 Ibiza, Spain, eMail: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or eMail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Customizations and/or customized products of any kind as well as special products announced as unique specimen cannot be returned and are explicitely excluded from the statutory Right of Revocation.
3.2. Consequences of Revocation
If you withdraw from a contract concluded outside of our premises, we shall reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
The merchandise has to be sent back to:
Apartado de Correos 638
You bear the cost of returning the goods. Choosing an insured, trackable shipping method is advisable, as we are not liable for lost parcel. You are liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. We obtain the right to refuse the return of worn, soiled or damaged items.
- RETENTION OF TITLE
4.1 All goods remain our property until full payment has been received.
4.2 Retention of Title; Offset; Lien
(1) For consumers we reserve the ownership of underlying purchased item till full payment of the bill. If you are an entrepreneur exercising your business activity or self-employed, a legal individual under public law or public sector fund, we retain the ownership of underlying purchased item till consolidation of all outstanding claims from the business transactions with the customer. The relevant security rights can be transferred to third parties.
(2) A right of netting is available for you, if your counterclaims are legally established or recognized or accepted from our side. You also have a right of retention only if and when your claim is related to the same contract.
(3) If the customer possesses any default payment obligations towards us, all existing receivables are due immediately.
- RIGHT TO REFUSE AN ORDER
We may at our discretion decide whether to accept an online order and to what extent. In case of a prepayment, we reserve the right to refuse the online order if payment into our account is not received within 7 days from receipt of the order. In the case we should not fulfil an online order we will inform you immediately.
- DELIVERY / SHIPPING / RESCISSION / PERIOD OF DELIVERY
6.1 We offer worldwide standard delivery with DHL from our design studio on Ibiza. We try our best to keep any costs in connection with the shipping process as low as possible. Nevertheless, additional costs outside the EU might occur at customs. Please check with your local authorities, if import taxes might apply in your country prior to buying at our Online Store to avoid unpleasant surprises.
Please note that shipping costs to a few exotic destinations, like certain tropical islands, cannot be guaranteed.
6.2 Shipping costs (incl. VAT)
Domestic Shipping (Spain): 12 Euro
EU countries: 20 Euro
Europe (non- EU- countries): 35 Euro
USA and Russia: 40 Euro
Worldwide (all other countries): 60 Euro
6.3 If the purchase has been effected with a not specifically earmarked voucher of a certain amount of money, the purchaser will be provided with a voucher of an equal amount of money in case of revocation.
6.4 Shipping to non-EU countries
Please kindly note that taxes and duties are not included in the shipping costs, DHL will charge these costs separately. In case that some or all ordered items are kept we will reimburse the amount of the Spanish VAT for these items on receipt of the custom’s documents.
6.5 Period of delivery
Delivery time 1-4 days for deliveries to Spain und 2-6 days to EU-countries. Shipping to other countries takes 7-21 days. In case of an order consisting of multiple goods and diverging periods of delivery, we will send the goods in several shipments depending on the availability of the items. Additional shipping costs will not be charged. In case of advanced payment the period of delivery starts on the day after the payment order has been issued with the transferring credit institute. Regarding other payment methods the period of delivery starts on the day of conclusion of the contract and ends on the last day of the time period. If the last day of the period is a Saturday, Sunday or a public holiday in the country of the delivery destination, the period ends on the following working day.
7.1 The purchase price and the shipping fees may be paid by credit card (VISA, MASTERCARD, AMEX), PayPal, as well as by prepayment into our bank account. We reserve the right to refuse certain payment methods.
7.2 You may not offset payments with claims against us unless such claims are undisputed or have been decided by a court with res judicata. You may not retain payments because of counterclaims which are based on other contracts.
8.1 Claims for damages - regardless of their legal grounds - which may be directed against us or our auxiliary or vicarious agents are limited in amount to those damages which might reasonably have been foreseen by us upon conclusion of contract. However, unless the damages are the result of our breach of a substantial contractual obligation, the damage compensation shall be limited to a maximum of two times the value of the order.
8.2 The aforementioned liability limitation shall not apply to damages resulting from intentional or grossly negligent misconduct or for damages to life, limb or health.
8.3 Dora Herbst does not participate in settlements of dispute at consumer conciliation offices.
- DATA PROTECTION
9.1 As our customer you consent to having us collect, process and use your personal data for the performance of all obligations resulting from our transaction. Your address details and e-mail address may be used for notifications concerning your orders and - if you have consented insofar - for maintaining customer relations and for marketing purposes. Provided you have consented for use of your personal data for customer relations and marketing purposes, you may revoke your consent at any time by deleting the check in the appropriate box in your account information.
9.4. Concerning data protection please note our separate Data Protection Policy.
- APPLICABLE LAW
Spanish law (ousting CISG) will apply to all contracts entered into through our Website, unless there is mandatory local law of the country where you are located.