Terms and Conditions

Table of Contents

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Sandra Lehmann, acting under "Alessanara" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed upon.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their commercial or independent professional activities.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership, acting in exercise of their commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, by clicking the button that concludes the order, the Customer submits a legally binding offer regarding the goods in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days by:

sending a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after placing the order.

The contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer’s offer is sent and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, it is deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out 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 of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, under the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer chooses a payment method provided by PayPal during the online order process, the Seller already declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after sending the Customer’s order. Any further provision of the contract text by the Seller does not take place. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding 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 detection of input errors may be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is indicated in the online shop.

2.8 Order processing and contact are generally carried out via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not members of a member state of the European Union and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices. VAT is not shown as the Seller is a small business within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import-related taxes and duties (e.g., customs duties). Such costs may also arise in connection with money transfers if the delivery is not to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after contract conclusion, unless a later due date has been agreed upon.

4.5 When choosing a payment method offered by PayPal, payment processing is carried out via PayPal, which may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where the Seller provides credit in advance (e.g., purchase on account or installment payments), the Seller assigns their payment claim to PayPal or a payment service provider commissioned by PayPal and named to the Customer. Before accepting the assignment declaration, PayPal or the payment service provider commissioned by PayPal will perform a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the check result is negative. Upon approval of the selected payment method, the Customer must pay the invoice amount within the agreed payment period or in agreed installments. In such cases, the Customer can make payments only to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, the Seller remains responsible for general Customer inquiries, such as about goods, delivery times, shipping, returns, complaints, withdrawal declarations, and credits, even in the case of assignment of claims.

4.6 When selecting a payment method offered by "Wix Payments," payment processing is carried out via the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter "Wix"). The individual payment methods offered by Wix are communicated to the Customer in the Seller’s online shop. Wix may also use other payment services to process payments, which may have specific payment conditions to which the Customer may be separately referred. Further information on Wix Payments is available on the Internet at https://de.wix.com/payments.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipping, delivery is made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. For transaction processing, the delivery address provided during order processing in the Seller’s online shop is decisive. Deviating from this, for PayPal payment, the delivery address saved by the Customer at PayPal at the time of payment is decisive.

5.2 If delivery fails for reasons the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller. This does not apply to the costs of sending if the Customer exercises their right of withdrawal effectively. For the return shipping costs, the Seller's return policy applies if the Customer exercises the right of withdrawal effectively.

5.3 If the Customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer once the Seller has handed over the item to the carrier, the freight forwarder, or the person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon delivery of the goods to the Customer or an authorized recipient. However, if the Customer has independently assigned the carrier, freight forwarder, or any other person or institution responsible for shipment execution without the Seller having previously named this person or institution to the Customer, the risk passes upon handover to the carrier, freight forwarder, or other designated person or institution.

5.4 The Seller reserves the right to withdraw from the contract in the case of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-delivery and the Seller has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make reasonable efforts to procure the goods. In the event of unavailability or partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.5 For logistical reasons, self-collection is not possible.

5.6 Vouchers will be provided to the Customer as follows:

by download
by email

6) Retention of Title

If the Seller provides advance payment, they retain ownership of the delivered goods until the purchase price is paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated, the statutory liability for defects applies. Deviating from this, for contracts regarding the delivery of goods:

7.1 If the Customer is an entrepreneur:

the Seller has the right to choose the type of supplementary performance;
the limitation period for defects in new goods is one year from delivery of the goods;
defect claims for used goods are excluded;
the limitation period does not recommence if a replacement delivery is made as part of the defect liability.

7.2 The above-mentioned limitations of liability and shortening of limitation periods do not apply:

for claims for damages and reimbursement of expenses by the Customer,
if the Seller has fraudulently concealed the defect,
for goods that, in accordance with their usual purpose, were used for a building and caused its defectiveness,
for any obligation of the Seller to provide updates for digital products, for contracts for the supply of goods with digital elements.

7.3 For entrepreneurs, statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer is a merchant as defined by § 1 HGB, they are subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification requirements specified there, the goods shall be deemed approved.

7.5 If the Customer is a consumer, they are asked to report any apparent transport damage to the delivery agent and to inform the Seller. Failure to do so has no impact on the Customer's legal or contractual defect claims.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds:

in case of intent or gross negligence,
in case of intentional or negligent injury to life, body, or health,
under a guarantee promise, insofar as not otherwise regulated,
due to mandatory liability under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to foreseeable, typically occurring damage, unless unlimited liability applies under the previous section. Material contractual obligations are obligations the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply regarding the Seller’s liability for their agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers issued by the Seller free of charge as part of promotional activities with a specific validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") may only be redeemed in the Seller’s online shop and only during the specified period.

9.2 Certain products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.

9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

9.7 The balance of a promotional voucher is neither paid out in cash nor bears interest.

9.8 The promotional voucher will not be refunded if the Customer returns the goods fully or partially paid for with the promotional voucher within the scope of their statutory right of withdrawal.

9.9 The promotional voucher is intended for the use of the person named on it. The transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 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 on the voucher.

10.2 Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for purchasing goods and not for purchasing additional gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be selected to pay the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor bears interest.

10.8 The gift voucher is transferable. The Seller may discharge its obligation to perform by making payment to the respective holder redeeming the gift voucher in the Seller’s online shop. This does not apply if the Seller is aware or grossly unaware of the holder’s unauthorized use, incapacity, or lack of representative authority.

11) Applicable Law

11.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.

11.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

12) Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet, which can be accessed via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlements of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.