Terms and Conditions

Article 1 – Definitions and interpretation

In these terms and conditions, the following definitions apply:

Entrepreneur: the legal entity that offers products to consumers through online sales channels.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Contract: any contract concluded between the entrepreneur and the consumer through an organised system for distance selling.

Distance contract: a contract concluded within the framework of an organised system for distance selling whereby exclusive use is made of one or more means of distance communication.

Product: any movable good offered by the entrepreneur through its digital sales channels.

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

Right of withdrawal: the option for the consumer to dissolve the contract within the cooling-off period without giving reasons.

Continuing transaction: a contract for the regular delivery of products over a fixed or indefinite period.

Durable medium: any means that enables the consumer to store information addressed personally to them in a way that allows future consultation and unaltered reproduction.

International delivery: a delivery whereby the product is located outside the consumer's country of destination at the time the contract is concluded.

DAP delivery term: the "Delivered At Place" delivery term in accordance with Incoterms® 2020, whereby the seller is responsible for transport to the agreed delivery address, but import formalities and import charges are borne by the recipient.

  1. These definitions apply in both the singular and plural.
  2. If any provision of these terms proves to be void or voidable, the remaining provisions remain fully in force.
  3. Deviations from these terms are only valid if agreed in writing.

Identity of the entrepreneur
Trade name: Fashionista Heaven
Email address: support@fashionistaheaven.com

Article 2 – Applicability

  1. These terms and conditions apply to every offer made by the entrepreneur and to every contract concluded between the entrepreneur and the consumer.
  2. Before the contract is concluded, the text of these terms is made available in a way that allows easy storage on a durable medium.
  3. By placing an order, the consumer expressly declares to have taken note of these terms and to agree to them.
  4. Any terms and conditions of the consumer are expressly rejected.

Article 3 – The offer

  1. The offer contains a clear and complete description of the products offered.
  2. The entrepreneur takes care to provide correct product information, but obvious errors or mistakes do not bind the entrepreneur.
  3. Images, colours, technical specifications, and measurements may differ slightly from the product actually delivered without this leading to non-conformity, provided the essential characteristics are retained.
  4. The offer states at least: the sale price of the product; any additional costs; the method of payment; the delivery conditions; information about the right of withdrawal; and the expected delivery time.
  5. In the case of international delivery, the consumer is informed in advance of the nature of this.

Article 4 – Conclusion of the contract

  1. The contract is concluded at the moment the consumer accepts the offer and payment has been successfully completed.
  2. The entrepreneur confirms receipt of the order by electronic communication.
  3. The entrepreneur reserves the right to refuse an order if there are reasonable grounds to do so, including but not limited to suspicion of fraud or incorrect data provision.
  4. The entrepreneur takes appropriate technical and organisational measures to secure electronic transactions.

Article 5 – Prices and payment terms

  1. All stated prices are expressed in euros, unless otherwise indicated.
  2. The stated price is the sale price of the product as offered at the time of ordering.
  3. Any changes in prices do not affect contracts already concluded.
  4. If products are shipped internationally, import duties, import VAT, or other charges may be imposed by the competent authorities of the country of destination.
  5. Such charges are beyond the control of the entrepreneur and are borne by the consumer.
  6. Payment must be made via the offered payment methods.

Article 6 – International delivery and transport structure

  1. The entrepreneur operates as an international seller and may use external suppliers and logistics partners for the performance of contracts.
  2. Products may be shipped directly from a location outside the consumer's country of destination.
  3. Delivery is made under the Delivered At Place (DAP) delivery term in accordance with Incoterms® 2020, unless expressly agreed otherwise.
  4. Under this delivery term, the entrepreneur is responsible for organising the international transport to the delivery address specified by the consumer.
  5. Delivery takes place at the moment the product is actually made available at the agreed address.
  6. The risk of loss or damage passes to the consumer at the moment of actual delivery.
  7. Delivery times are indicative and depend on international transport conditions.

Article 7 – Delivery times, transfer of risk, and performance

  1. The entrepreneur will exercise the greatest possible care in the performance of contracts, taking into account the international nature of the delivery and the associated logistical processes.
  2. Delivery takes place at the delivery address specified by the consumer, provided this address is complete and correctly provided.
  3. The stated delivery times are indicative and based on average transport times under normal circumstances.
  4. Delivery times depend on, among other things: international transport conditions; processing times of logistics partners; customs procedures and border controls; national holidays and government measures; and unforeseen disruptions in international trade chains.
  5. Exceeding an indicative delivery time does not entitle the consumer to compensation or dissolution, unless there is a substantial and unreasonable delay that is not attributable to force majeure.
  6. The risk of loss or damage of the product passes to the consumer at the moment of actual delivery at the agreed delivery address.
  7. If delivery proves impossible due to incorrect address details or the absence of the consumer, additional costs for redelivery or return may be charged.

Article 8 – Import formalities and fiscal responsibility for international delivery

  1. In the case of international delivery, import formalities in the country of destination are not included in the entrepreneur's obligations.
  2. Import duties, import VAT, customs costs, clearance costs, and other charges payable on import are determined by the competent authorities of the country of destination.
  3. These charges are entirely for the account and risk of the consumer.
  4. The entrepreneur does not make an import declaration in the country of destination and does not act there as importer or fiscal representative.
  5. The consumer is responsible for the timely payment of any amounts payable on import.
  6. If import charges are not paid and delivery therefore cannot take place, the goods may be returned or destroyed in accordance with applicable regulations. The resulting costs are borne by the consumer.
  7. Delays arising from customs procedures, border controls, or administrative handling are beyond the control of the entrepreneur.

Article 9 – Right of withdrawal

  1. The consumer has the right to dissolve the contract without giving reasons within 14 days of receiving the product.
  2. The cooling-off period begins on the day after the consumer has physically taken possession of the product.
  3. During the cooling-off period, the consumer must handle the product and packaging with care.
  4. The consumer is only liable for any diminished value of the product resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
  5. To exercise the right of withdrawal, the consumer must send an unequivocal statement to the entrepreneur within the cooling-off period.
  6. The consumer must return the product without delay, but no later than 14 days after withdrawal.
  7. The direct costs of returning the product are borne by the consumer.
  8. The entrepreneur will refund the purchase amount within 14 days of receiving the return.
  9. Any import charges paid on delivery are outside the entrepreneur's refund obligation.

Article 10 – Exclusion of the right of withdrawal

  1. The right of withdrawal is excluded for products: made to the consumer's specifications; that are clearly personal in nature; that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken; that can spoil or age quickly; or whose seal has been broken after delivery and that cannot be returned for hygienic reasons.
  2. If the right of withdrawal is excluded, this is clearly stated in the offer.

Article 11 – Conformity and statutory warranty

  1. The entrepreneur guarantees that the products delivered conform to the contract and the reasonable expectations the consumer may have of them.
  2. If the product does not conform to the contract, the consumer must report this in writing within a reasonable time after discovery.
  3. The consumer is entitled to free repair or replacement, unless this is impossible or entails disproportionate costs.
  4. If repair or replacement is not possible, the consumer is entitled to a price reduction or dissolution of the contract.
  5. The statutory rights of the consumer remain fully applicable.

Article 12 – Continuing transactions and termination

  1. A contract for an indefinite period may be terminated by the consumer at any time, observing a notice period of no more than one month.
  2. A contract for a fixed period may not be tacitly renewed for a fixed period, unless permitted by law.
  3. If a contract for a fixed period lasts longer than one year, it may be terminated at any time after one year with a notice period of one month.
  4. Termination may take place via the same means of communication used to enter into the contract.

Article 13 – Liability

  1. The liability of the entrepreneur is limited to direct damage resulting from an attributable shortcoming.
  2. Direct damage is understood to mean exclusively: reasonable costs to determine the cause and extent of the damage; reasonable costs to limit the damage; and reasonable costs to remedy the defective performance.
  3. The entrepreneur is not liable for indirect damage, consequential damage, lost profit, or missed savings.
  4. To the extent permitted by law, the total liability is limited to the amount of the purchase price.
  5. This limitation does not apply if the damage is the result of intent or gross negligence.

Article 14 – Force majeure

  1. The entrepreneur is not obliged to fulfil any obligation if it is prevented from doing so by force majeure.
  2. Force majeure is understood to mean any circumstance independent of the entrepreneur's will that temporarily or permanently prevents performance, including: transport disruptions; customs interventions; government measures; pandemics; natural disasters; strikes; and disruptions in international trade chains.
  3. In the event of force majeure, the entrepreneur may suspend performance or dissolve the contract without liability for damages.