Terms and conditions (GTC)
Maison le Super GmbH
Marco Hülsebus
Schweimlerstraße 4
22087 Hamburg
20.08.2024
§ 1 Scope of application
1.1 These GTC apply to all contracts concluded between Marco Hülsebus (hereinafter: Seller) and his customers (hereinafter: Customer) via the online shop under the domain Maisonlesuper.com.
1.2 These GTC apply regardless of whether the customer is a consumer, entrepreneur or merchant.
1.3 The seller has the right to unilaterally amend and/or supplement these GTC with effect for the future, insofar as this is necessary to safeguard legitimate interests. The seller shall be informed in advance of the intended amendments or additions with a reasonable period of notice. If the customer does not object to the validity of the new GTC within two weeks of notification (the “objection period”), the amended GTC shall be deemed to have been accepted by the customer. In its notification, the seller shall draw attention to the right of objection and the significance of the objection period. In the event of an objection, the customer may continue to use the service in accordance with the previous version of the GTC.
1.4 Deviating terms and conditions of the customer shall not apply, even if the seller does not explicitly object to their validity in individual cases.
1.5 If the parties make agreements that deviate from these GTC, these shall take precedence over the provisions of the GTC. Deviating agreements made after conclusion of the contract must be made in writing to be valid.
§ 2 Conclusion of contracts
The presentation of the services on the website does not constitute a binding offer by the seller to conclude a contract. By placing an order, the customer makes a binding offer to conclude a contract for the items contained in the shopping basket. When the contract with the vendor is concluded depends on the payment method selected:
Paypal:
During the ordering process, the customer is redirected to the website of the online provider PayPal. There the customer can enter their payment details and confirm the payment instruction to PayPal. After placing the order in the shop, the provider requests PayPal to initiate the payment transaction and thereby accepts the customer’s offer.
Apple Pay und Stripe:
After placing the order, the customer is redirected to the website of the online provider, where the provider confirms the payment instruction. This concludes the contract with the provider.
The contract is concluded at the latest when the goods are dispatched to the customer.
§ 3 Ordering process
3.1 The customer can place the desired items in the shopping basket by clicking on the corresponding button and initiate the order process by clicking on the shopping basket. During the ordering process, the customer must enter the required contact details for shipping and payment.
3.2 If an external payment provider is selected in the payment options, the purchase will be forwarded and finalised on their website.
3.3 The customer can correct input errors, in particular items mistakenly placed in the shopping basket, using the buttons provided. In the order process, the customer can correct input errors in the various steps by navigating to the respective step using the “forward” and “back” buttons of the browser.
3.4 By completing the order, the customer declares that they have read and accepted the GTC, the privacy policy and the withdrawal policy.
§ 4 Terms of payment
4.1 The prices valid on the day of the order as displayed in the online shop shall apply.
4.2 The prices shown in the online shop are in euros and include VAT.
4.3 When purchasing goods that are delivered in a parcel or otherwise by post, the following applies: The prices displayed in the online shop do not include the shipping costs for packaging and postage. The shipping costs are calculated dynamically during the ordering process and displayed in the shopping basket overview before the order is placed.
4.4 The seller only accepts the payment methods offered during the ordering process in the online shop. These are:
- Paypal
- Apple Pay
- Stripe
The customer chooses their preferred method of payment from the available payment methods.
4.5 Any refunds shall be made automatically by the seller to the account used by the customer for payment. If the customer has paid via external payment providers, the refund will be made to the associated account.
§ 5 Delivery and dispatch conditions
5.1 Unless otherwise agreed with the customer, goods delivered in a parcel or otherwise by post shall be delivered by post (parcel, small parcel, letter, carrier, etc.) to the delivery address specified by the customer in the order.
5.2 Orders are delivered all over the world.
5.3 The delivery time and delivery costs are stated separately for each item or in the product description on the item page.
5.4 Unless otherwise stated in the shop, the delivery of goods in Germany takes place within 3 – 5 working days, for deliveries abroad within 4 – 21 working days from the conclusion of the contract (in the case of agreed advance payment from the date of the payment instruction).
5.5 If the customer orders several items with different delivery dates, the supplier shall dispatch the items together in one delivery, unless otherwise agreed. The delivery date for the entire order corresponds to the item with the longest delivery time.
5.6 If the carrier returns the object of purchase to the seller because delivery to the customer was not possible, the customer shall bear the costs for a new shipment. This does not apply if the customer has exercised any existing right of withdrawal in parallel to the refused acceptance or if he is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service.
§ 6 Right of withdrawal
If the customer is a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to their commercial or independent professional activity), the customer has a right of withdrawal in accordance with the statutory provisions.
6.1 Withdrawal instruction
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to withdraw from this contract, you must inform Mr Marco Hülsebus – Address – Phone – E-Mail by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample withdrawal form, but this is not mandatory.
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.
6.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you 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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
6.3 Sample withdrawal form
If you wish to withdraw from the contract, please complete this form and send it back to us.
To:
Maison Le Super GmbH
Schweimlerstraße 4
22087 Hamburg
E-Mail: info@maisonlesuper.com
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following goods:
(Name of the offer/product, order number and price if applicable)
Ordered on: (Date)
By: (Name and address of the consumer)
…………………………………………….
Date / Signature of customer
(only in case of written withdrawal)
§ 7 Return of products
7.1 If possible, the goods should be returned to Maison Le Super GmbH, Schweimlerstraße 4, 22087 Hamburg in the original packaging with all accessories and packaging components.
7.2 The seller requests the use of protective outer packaging to ensure adequate protection against possible transport damage if the original packaging is no longer available.
7.3 The costs for returning the goods shall be borne by the customer.
7.4 The seller recommends that the buyer insures the return shipment.
7.5 The right of withdrawal and its consequences naturally exist irrespective of compliance with the instructions in this paragraph. They merely serve to facilitate the processing of the return.
§ 8 Transport damage
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us without delay. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
§ 9 Reservation of property
The seller retains property to the goods sold until the purchase price has been paid in full.
§ 10 Customer account
10.1 The customer can create a customer account in the online shop free of charge. By providing their data, the customer guarantees its authenticity and accuracy. He is also obliged to keep the data up to date in the event of an order. Additional shipping costs incurred by the seller due to incorrect or inaccurate data will be charged to the customer.
10.2 The customer and the seller may terminate the contract for the customer account at any time with immediate effect for the future without giving reasons. The seller reserves the right to delete the accounts of customers who have not provided complete or incorrect data.
§ 11 Promotional vouchers
11.1 Promotional vouchers are vouchers that cannot be purchased, but rather vouchers that the seller issues as part of advertising campaigns with a specific validity period.
11.2 Promotional vouchers can only be redeemed during the specified period and only once as part of an order process. Individual brands may be excluded from the voucher promotion. Promotional vouchers cannot be used to purchase gift vouchers. Please note that promotional vouchers may be subject to a minimum purchase value.
11.3 The value of the goods must be at least equal to the amount of the promotional voucher. Any difference to a higher value of goods can be settled using the payment options offered. The value of a promotional voucher is neither paid out in cash nor does it bear interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
11.4 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined unless otherwise specified in the terms and conditions of the promotion.
11.5 Should the total value of the order fall below the respective minimum purchase value of the promotional voucher used due to a subsequent return of ordered goods, the Seller reserves the right to charge the original price of the ordered goods and to invoice the Customer subsequently.
§ 12 Liability
12.1 The seller shall be liable without limitation for intent and gross negligence. In the case of simple negligence, the seller shall only be liable for damages resulting from injury to life, limb or health or insofar as the scope of application of the Product Liability Act is opened up or in the case of a material contractual obligation. Material contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. Liability in this case is limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
12.2 The above limitations of liability also apply in favour of the legal representatives and vicarious agents of the seller.
§ 13 Final terms
13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
13.2 If the customer is a merchant or entrepreneur, the exclusive place of jurisdiction shall be the registered office of the seller.
13.3 Should individual provisions of these GTC, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.