GENERAL TERMS AND CONDITIONS
The following Terms and Conditions, hereinafter “T&C” govern the sale of merchandise by MAJA WALESKA Maja Mazurkiewicz, hereinafter “MW” to you on www.majawaleskacollection.com, hereinafter “the Site”. Your use of the Site to purchase merchandise indicates your agreement to follow and to be bound by these Terms and Conditions.
We reserve the right to make changes to the Site, the Site Policies and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
1. OUR BUSINESS POLICY
1.1 You may purchase products on www.majawaleskacollection.com for personal use only and not for resale. By placing your order you certify that you are purchasing products for personal use only and not for resale and you accept our Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.
3.1 These Terms and Conditions are valid on all orders submitted through our Online Shop www.majawaleskacollection.com. In case of conclusion of contract, the contract comes about with MAJA WALESKA Maja Mazurkiewicz, Arminiusstr. 1, 33014 Bad Driburg, Germany.
4. TERMS OF SALE
4.1 The Site portrays a noncommittal offer to contract with MW by purchasing products through our Online Shop. The Site does not portray a legally binding contract on our part. By placing an order through our Online Shop, you offer to purchase products by these T&C.
4.2 All orders are subject to e-mail confirmation by us. Please note that the products displayed on the Site may be out-of-stock or discontinued and availability is not guaranteed. If your selected products become unavailable at the time of placing your order, we will inform you about the cancellation within seven (7) business days. The seven-day-term begins with the day after transmission of your order.
4.3 We reserve the right to refuse orders for any reason without explanation.
4.4 When placing an order you assure that all information you provide to us is true and accurate and that you are an authorized user of the Paypal Account, the Debit Card or the Credit Card used to place the order. By placing an order through our Online Shop you provide a legally binding offer to enter into contract with MW.
4.5 The shipping date may vary due to availability and ensured or guaranteed delivery dates are only valid without consideration of delays on behalf of the delivery company or due to act of nature, for which we cannot be held responsible for. More information on Order Shipping is to be found under Shipping.
5. ORDERING PROCESS
5.1 When placing an order through our Online Shop, you follow the technical steps as described below in detail:
1) Selection of the desired products, 2) Confirmation by clicking the button “Add to Cart”, 3) Verification of the products in the cart, 4) Confirmation by clicking the button “Proceed to checkout”, 5) Login into your account by entering the e-mail address and password or proceeding as a guest, 6) Verification or entry of personal data, 7) Legally binding completion of order by clicking the button “Purchase”.
5.2 You may at any time, before legally binding submitting the order, return to the Cart Page by clicking the return button or cancel the ordering process by closing the browser.
5.3 After placing an order, you will receive an acknowledgement e-mail confirming receipt of the order. This e-mail will only be an acknowledgement and will not constitute acceptance of the order. A contract for the purchase of products between MW and you will not be formed until we have sent out an e-mail confirmation that the ordered products have been shipped to you. In case of selecting the payment through Bank Transfer a contract between MW and you will not be formed until we have sent out a pro forma invoice with our banking information to you via e-mail.
6.1 On our Site, payments can be made via Paypal, Bank Transfer or Credit Card. By selecting the payment through Bank Transfer you commit yourself to make the total payment for your order immediately after the formation of the contract.
6.2 In case, that you have selected the payment through Credit Card, your card will be debited once the order has been accepted by us.
7. SHIPMENT & DELIVERY
7.1 If there is not an explicit indication in the product description that says otherwise, all of our products are directly ready for despatch. The despatch of products takes place within 1-7 business days. With the payment method “Sepa Bank Transfer” the term for the despatch begins the day after remittance of the bank transfer by you. On all other payment methods, the term for the despatch begins the day after formation of the contract. If the term closure is a Saturday, Sunday, or statutory holiday, the term ends the following business day. More information on Order Shipping is to be found under Shipping.
8. WARRANTY & PRODUCT PRICING
8.1 Only MAJA WALESKA trademark products are sold on www.majawaleskacollection.com.
8.2 While we try to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
8.3 German Statutory Warranty Regulations apply. Defects or any other damage caused by negligent or improper treatment of the products or improper installation are not covered by the warranty. Signs of wear and tear from normal use are also excluded from the warranty.
8.4 All prices shown on the Site are in EURO. Prices may change without notice from time to time. The prices on the Site are inclusive of VAT.
8.5 If there is any costs, that emerge by your bank for currency conversion, those costs are to be paid by you. Where applicable, delivery costs may arise. Precise information on delivery costs can be found under Shipping. The final shipping cost will be displayed on the checkout page, once a delivery address has been entered.
9. RESERVATION OF OWNERSHIP
9.1 MW retains the right of ownership on all products until the complete purchase total payment has been fulfilled.
10. RETURNS & REFUND TERMS & CONDITIONS
10.1 Every product purchased through www.majawaleskacollection.com may be returned within fourteen (14) days from the delivery date. A return must be made within the guidelines of our Return Policy. Before sending any products back to us, please make sure that all of the following conditions have been correctly satisfied.
The product you wish to return:
must have all tags & seals still attached and intact;
must be unused, unworn, unwashed and in the same condition in which it was received by you;
must be returned complete with all of its parts and accessories
All of our products come with an identification tag and a seal. Please try your item on before removing the tag and seal, since we do not accept returns once the tag and seal have been removed, broken or damaged in any way. For the purchase of products of the category “artwork” the following regulations apply: Once the sealing has been opened, removed, broken or damaged in any way, returns cannot be accepted. Products of the category “clothing” come with a MAJA WALESKA gift box. In case of return of the entire order, it is mandatory to return the gift box, in order to receive a full order refund. This gift box must be returned without damage and in the same condition in which it was received by you. In case of returning the entire order exclusive gift box, or if the gift box is not returned in the same condition in which it was received by you, we will account 50,00 € with the order refund amount.
10.2 All products will be inspected on return.
10.3 If all of the above conditions are satisfied, we will refund the value of the returned products.
10.4 We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; provided, however, that you will have the option to request within thirty (30) days of being notified that you are not entitled to a refund that your merchandise be shipped back to you, at your own cost, in the condition in which it was received by the MW warehouse. If you do not request the return of your merchandise within said thirty-day period, you authorize MW to dispose of such merchandise.
10.5 You are responsible for paying any return shipping costs, that may arise from returning products to the MW warehouse.
11. GIFT CARDS
11.1 The following Terms and Conditions are valid on MAJA WALESKA Gift Cards purchased through www.majawaleskacollection.com. Your purchase or use of a MAJA WALESKA Gift indicates your agreement to follow and to be bound by these Terms and Conditions.
11.2 MAJA WALESKA Gift Cards may be used to pay the total value or part of the value of the selected products. If your purchase is not fully covered by the MAJA WALESKA Gift Card, you may use a different payment method to proceed with your purchase.
11.3 The despatch of the MAJA WALESKA Gift Card takes place within 1-7 business days. With the payment method “Sepa Bank Transfer” the term for the despatch begins the day after remittance of the bank transfer by you. On all other payment methods, the term for the despatch begins the day after formation of the contract. If the term closure is a Saturday, Sunday, or statutory holiday, the term ends the following business day. More information on Shipping is to be found under Shipping.
11.4 MAJA WALESKA Gift Cards are valid for one (1) year from the purchase date. MAJA WALESKA Gift Cards cannot be used for purchases after the expiry date and the residual value of the MAJA WALESKA Gift Card cannot be reimbursed in any way after the expiry date.
11.5 MAJA WALESKA Gift Cards cannot be exchanged for cash.
11.6 MAJA WALESKA Gift Cards may be returned within fourteen (14) days from the delivery date. In order to receive a refund, it is mandatory to return the MAJA WALESKA Gift Card to the MW warehouse. You are responsible for paying any return shipping costs, that may arise from returning the MAJA WALESKA Gift Card to the MW warehouse. If you wish to return a MAJA WALESKA Gift Card, please contact our Customer Care Team.
11.7 MW cannot be held responsible for lost, stolen, inactivated or damaged MAJA WALESKA Gift Cards after activation.
STATUTORY RIGHT OF RESCISSION
We indicate, that the Statutory Right of Rescission does not subsist on contracts of delivery of sealed products, that are not suitable for return out of health reasons, if their seal has been removed after delivery.
Statutory Right of Rescission Indoctrination
Statutory Right of Rescission
If the customer is a consumer (as per § 13 of the German Commercial Code), he shall be entitled to withdraw from this contract within fourteen days without the need of providing any reason. The term for rescission shall be fourteen days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the products delivered.
In order to exercise the Statutory Right of Rescission, the customer must notify us MAJA WALESKA Maja Mazurkiewicz, Arminiusstr. 1, 33014 Bad Driburg, Germany, email: firstname.lastname@example.org of his decision to withdraw from this contract in a clear declaration e.g. by sending a letter or an email to the addresses provided. The customer may use the rescission form template attached for this purpose; however, this is not obligatory.
The rescission term shall be deemed to be met if the customer sends the communication concerning the exercise of the Right of Rescission before the expiry of the term.
Consequences of Rescission
If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us), no later than fourteen days after the day on which we receive the notice of the customer’s rescission from this contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed. Under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned products or until the customer has provided proof that he has returned the products, whatever is the earlier date.
The customer must return the products to us without delay and no later than fourteen days from the date on which he notifies us of rescission from this contract. The term is deemed to be met if the customer ships the products before the expiry of the fourteen-day term. The customer is responsible for all shipping costs when returning products. The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the products which is not deemed necessary in order to verify the condition, features and functioning of the products.
Exclusion of the Statutory Right of Rescission
The Right of Rescission does not subsist on contracts of delivery of sealed products, that are not suitable for return out of health reasons, if their seal has been removed after delivery.
**Right of Rescission Indoctrination Closure**
Rescission Form Template
If the customer decides to withdraw from this contract, he may fill out this form and send a letter or an email to:
33014 Bad Driburg
Hereby I / we (*) take action of withdrawing from the contract over the purchase of the following products
Ordered on (*), received on (*)
Name of the Customer(s)
Address of the Customer(s)
Signature of the Customer(s) (only if on paper)
(*) Strike out if not applicable.
Our Customer Care Team is available for any kinds of requests:
Monday – Friday
8.00 AM – 5.00 PM Central European Time
12. GOVERNING LAW AND JURISDICTION
For the T&C and the legal relationship between the consumer and MW does apply:
For consumers with usual site or residence in a Member State of the European Union (EU) or in a Member State of the European Economic Area (EEA), at the date of formation of the contract, German Law applies. For consumers with usual site or residence in a state, that does not belong to the EU or the EEA, German Law applies under exclusion of the German Consumer Protection Right. Despite this choice of Right, for consumers also does apply the mandatory Consumer Protection Right of the state, in which the consumer has his usual site or residence at the date of formation of the contract.
13. COMPLAINTS PROCEDURE – ALTERNATIVE DISPUTE RESOLUTION IN ACCORDANCE WITH ART. 14 (1) ODR-VO AND § 36 VSBG
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
14. MODIFICATION AND UPDATES
The Terms and Conditions may be altered and updated from time to time. The new Terms and Conditions on www.majawaleskacollection.com will be valid from their release date.
State of the Terms and Conditions August 16, 2017