General Terms and Conditions of Pehnava
§ 1 Scope
(1) The deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions in the version valid at Feinripp Studios Limited the time of the order. These are part of all contracts that, (hereinafter referred to as “seller”) with customers (hereinafter referred to as “buyer”) about the goods offered by the seller via the Internet. Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.
(2) The customer is a consumer insofar as the purpose of the goods and services ordered cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in their commercial or independent professional activity.
§ 2 Offer and conclusion of a contract
(1) By pressing the “Complete order” button, the buyer makes a binding offer to purchase the goods in the shopping cart. However, the offer can only be submitted and transmitted if the buyer accepts these terms and conditions by clicking the checkbox for terms and conditions and right of withdrawal and thereby includes them in his offer and confirms that he has been informed of his right of withdrawal.
(2) The seller then sends the buyer an automatic confirmation of receipt by email in which the buyer’s order is listed again. The automatic confirmation of receipt only documents that the order from the buyer has been received by the seller and does not constitute an acceptance of the offer. The contract is only concluded through a further e-mail in which the express acceptance is declared.
§ 3 Delivery and availability of goods
(1) If no copies of the product selected by the buyer are available at the time of the buyer’s order, the seller shall notify the buyer of this. If the product is permanently unavailable, the seller will not make a declaration of acceptance. A contract is not concluded in this case. The seller will immediately reimburse any payments already made by the buyer.
(2) If the product specified by the buyer in the order is only temporarily unavailable, the seller will also notify the buyer of this. In the event of a delivery delay of more than two weeks, the buyer has the right to withdraw from the contract. In addition, in this case the seller is also entitled to withdraw from the contract. The seller will immediately reimburse any payments already made by the buyer.
§ 4 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must contact us
Feinripp Studios Limited
77 Lower Camden Street,
Dublin, D02 XE80
Ireland
Email: shop@pehnava.fashion
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the following sample withdrawal form for this purpose, but this is not mandatory.
Return address for returns
Feinripp Studios Limited
77 Lower Camden Street,
Dublin, D02 XE80
Ireland
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Model withdrawal form
An
Feinripp Studios Limited
77 Lower Camden Street,
Dublin, D02 XE80
Ireland
I / we * hereby revoke the contract concluded by me / us * for the purchase of the following goods:
Ordered on * / received on *:
Name of the consumer:
Address of the consumer:
Signature of the consumer (only if this is communicated on paper):
Date:
* Delete as appropriate
——————————————————————————————————————–
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you returned the goods. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling of the goods that is not necessary to check the condition, properties and functionality of the goods.
End of revocation
Notes:
(1) The right of withdrawal is excluded for contracts for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for a return due to their nature. 312 d para. 4 BGB.
(2) In the case of returns without product packaging, the buyer may have to pay compensation.
§ 5 Prices and Payment
(1) The minimum order value is EUR 15.00.
(2) The seller only accepts the payment methods indicated to the buyer during the ordering process.
(3) The purchase price plus packaging and transport costs are due upon conclusion of the contract.
(4) Details on shipping costs can be found in the Payment & Shipping link.
§5.1 installment purchase by easyCredit
(1) Note
The following supplementary terms and conditions (hereinafter GTC) apply between you and us for all contracts concluded with us in which the installment purchase by easyCredit (hereinafter installment purchase) is used.
In the event of a conflict, the additional remarks in §5.1 take precedence over other general terms and conditions of Feinripp Studios Limited.
An installment purchase is only possible for customers who are consumers according to § 13 BGB and who have reached the age of 18.
(2) hire purchase
For your purchase, Feinripp Studios Limited with the support of TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nürnberg (hereinafter TeamBank AG) ready the installment purchase as an additional payment option.
Feinripp Studios Limited reserves the right to check your creditworthiness. For more details, please refer to the hire purchase data protection notice (see section II below). If the use of the installment purchase is not possible due to insufficient creditworthiness or the reaching of the Pehnava turnover limit, Feinripp Studios Limited reserves the right to offer you an alternative billing option. The hire purchase contract is made between you and Feinripp Studios Limited. With the installment purchase, you decide to pay off the purchase price in monthly instalments. Monthly instalments are to be paid over a fixed term, whereby the final instalment may differ from the previous instalment amounts. Ownership of the goods remains reserved until full payment has been made.
The claims arising from the use of the instalment purchase are processed by Feinripp Studios Limited assigned to TeamBank AG. Payments with a debt-discharging effect can only be made to TeamBank AG.
(3) Installment payments by SEPA direct debit
With the SEPA direct debit mandate issued with the instalment purchase, you authorize the
TeamBank AG to collect the payments to be made through the instalment purchase from your current account specified in the order process at the bank specified there by means of a SEPA direct debit.
TeamBank AG will notify you of the collection by email no later than one calendar day before the SEPA direct debit is due (pre-notification / advance notice). The move-in takes place at the earliest on the specified date of the advance notice. A later, timely move-in can take place.
If the purchase price amount is reduced between the pre-notification and the due date (e.g. through credits), the amount debited may differ from the amount specified in the pre-notification.
You are responsible for ensuring that your current account has sufficient funds when it is due. Your bank is not obliged to redeem the direct debit if the current account does not have sufficient funds.
Should there be a return debit due to insufficient funds in the current account, due to an unjustified objection by the account holder or due to the expiry of the current account, you will be in default even without a separate reminder, unless the return debit results from a circumstance for which you are not responsible to have.
The fees charged by your credit institution to TeamBank AG in the event of a return debit will be passed on to you and must be paid by you.
If you are in default, TeamBank AG is entitled to charge an appropriate reminder fee or default interest of five percentage points above the respective base rate of the European Central Bank for each reminder.
Due to the high costs associated with a return debit, we ask you not to object to the SEPA direct debit in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, in coordination with Snuggle Dreamer, the payment will be reversed by transferring the corresponding amount back or by crediting it.
§ 6 Offsetting and right of retention
The buyer is only entitled to offset if and to the extent that his counterclaims have been legally established, are undisputed or have been recognized by the seller. The buyer is only authorized to exercise a right of retention if his counterclaim is based on the same purchase contract.
§ 7 Shipping
Unless a fixed deadline or a fixed date has been agreed in writing, the deliveries and services must be made as quickly as possible, but no later than within a period of approx. Four weeks. If the seller does not meet an agreed delivery date, the buyer must set the seller a reasonable grace period, which in no case may be less than two weeks.
§ 8 Warranty
(1) In the event of defects in the delivered goods, the buyer is entitled to statutory rights.
(2) The fundamentally possible non-existent compatibility of individual articles with one another or with articles of third parties does not represent a defect within the meaning of Section 8 (1).
(3) However, the special provisions of § 9 apply to claims for damages by the buyer.
§ 9 Liability and Compensation
(1) Claims for compensation by the buyer due to obvious material defects in the delivered goods are excluded if he does not notify the seller of the defect within a period of two weeks after delivery of the goods.
(2) The seller’s liability for damages, regardless of the legal reason (in particular in the event of delay, defects or other breaches of duty), is limited to the foreseeable damage typical for the contract.
(3) The above limitations of liability do not apply to the seller’s liability for willful behaviour or gross negligence, for guaranteed characteristics, for injury to life, limb or health or according to the product liability law.
§ 10 Refusal of acceptance
If goods are not accepted (refusal of acceptance) by cash on delivery, the seller will invoice the buyer for the resulting shipping costs at a flat rate of EUR 15.00, abroad at a flat rate of EUR 30.00.
§ 11 Retention of title
(1) The seller retains title to the delivered goods until the purchase price for these goods has been paid in full. During the existence of the retention of title, the buyer may not sell the goods (hereinafter: retained goods) or otherwise dispose of ownership of them.
(2) If third parties – in particular bailiffs – gain access to the goods subject to retention of title, the buyer will point out the ownership of the seller and notify the seller immediately so that he can enforce his property rights.
(3) If the buyer acts contrary to the contract, in particular, if he is in default of payment, the seller is entitled to reclaim the goods subject to retention of title, provided he has withdrawn from the contract.
§ 12 Exclusion of liability through external links
The seller refers to other pages on the Internet with links. The following applies to all these links: The seller expressly declares that he has no influence on the design and content of the linked pages. Therefore, he hereby expressly distances himself from all content of all linked third-party sites on snuggle-dreamer.com and does not adopt this content as his own. This declaration applies to all links shown and to all contents of the pages to which the links lead.
§ 13 Image rights
All image and text rights lie with the seller or the manufacturer. Use without express permission is prohibited.
§ 14 Miscellaneous
(1) All declarations made in the context of the contractual relationship with the seller must be made in writing.
(2) This contract and all legal relationships between the parties are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
(3) Should individual provisions of this contract be or become ineffective or contain a loophole, this shall not affect the remaining provisions.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.