terms and conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Boutique in Heaven) via the website boutique-in-heaven.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also using the "back" function of the Internet browser) or to cancel the order. By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment" or similar designation), you are submitting a binding offer to us.
(3) Acceptance of the offer (and thus conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. email), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via "Stripe"
If you select a payment method offered by "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. Further information about "Stripe" can be found at https://stripe.com/de .
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Return, Exchange and Warranty
(1) The statutory liability for defects applies.
(2) Right of return:
As a consumer, you have the right to return goods within 14 days of receipt without giving any reason, provided the goods are unworn, unused and in perfect condition. The return must be made in the original packaging with all labels and the purchase receipt.
(3) Exclusion for reduced goods:
In the case of reduced goods, both exchange and return are excluded , unless there is a statutory warranty case. The statutory liability for defects remains unaffected by this.
(4) Return costs:
The costs for returning goods are borne by the buyer, unless there is a statutory warranty case.
(5) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(6) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not affect the contractual relationship
the protection afforded by the State of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you
not a consumer, but a merchant, a legal entity under public law or a special fund under public law
The same applies if you do not have a general place of jurisdiction in Germany or the EU or if the place of residence or habitual
Residence is not known at the time the action is brought. The power to also bring the case before a court in another legal jurisdiction
remains unaffected.
1. Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.)
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system
The contract data can be printed out or saved electronically using the browser's print function. After receipt of the
When you place an order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions
Terms and Conditions will be sent to you again by email.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be paid via a correspondingly labelled button on
our website or in the respective offer, are shown separately during the ordering process and are
You will have to pay additional costs unless free shipping has been promised.
5.3. The payment methods available to you are listed under a correspondingly designated button on our
website or in the respective offer.
5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately
due for payment.
6. Delivery conditions
6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration
of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned another person to carry out the shipment.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who are specialized in IT law and are
permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in
In the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agbservice.
last updated: November 29, 2022
