General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

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

Day: calendar day.

Continuing transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

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

Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

Technique for distance communication: a means that may be used for concluding a contract without the consumer and entrepreneur being simultaneously present in the same space.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or in another manner upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer may in the event of conflicting general terms and conditions always invoke the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the contract and these conditions shall otherwise remain in force, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the contract. Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

The price, excluding any applicable customs duties and import fees, which are the responsibility of the customer.
Any shipping costs.
The manner in which the contract will be concluded and the actions required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery, and execution of the contract.
The deadline for accepting the offer, or the period within which the entrepreneur guarantees the price.
The level of the rate for distance communication if the costs of using the distance communication technique are calculated on a basis other than the regular basic rate for the communication medium used.
Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer.
The manner in which the consumer can check and, if desired, correct the data provided in the context of the contract before concluding it.
Any other languages in which, in addition to English, the contract can be concluded.
The codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance contract in the case of a continuing transaction.
Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may — within legal limits — verify whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds, based on this investigation, not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:

The visiting address of the entrepreneur's establishment where the consumer can go with complaints.
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
Information on warranties and existing after-sales service.
The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract.
The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

Upon purchasing products, the consumer has the option to dissolve the contract without giving reasons within 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and — if reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 30 days of receiving the product. The consumer must do so by means of a written message/email. After notifying the entrepreneur of their wish to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must provide proof that the delivered goods were returned in time, for example by means of proof of shipment.

If the consumer has not notified the entrepreneur of their wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the sale is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition is that the product has already been received back by the online retailer, or conclusive proof of complete return shipment can be provided.

Article 7 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products:

That have been produced by the entrepreneur according to the consumer's specifications.
That are clearly personal in nature.
That cannot be returned by their nature.
That may spoil or age quickly.
Whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

Concerning accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period.
Whose delivery has commenced with the consumer's explicit consent before the cooling-off period has expired.
Concerning betting and lotteries.

Article 8 – Pricing

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and either:

They result from statutory regulations or provisions, or
The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

All prices are exclusive of any applicable sales tax or import duties. As we ship from outside the United States, no sales tax is charged by us directly.

All prices are subject to typographical errors. No liability is accepted for the consequences of typographical errors. In the event of typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Entrepreneur

Company name: Virello Boutique

Business address: [YOUR BUSINESS ADDRESS]

Email: info@virelloboutique.com

Chamber of Commerce number: 42063847

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the contract.

If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Return of products must be in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or contrary to the instructions of the entrepreneur and/or on the packaging.
The defect is wholly or partially the result of regulations that the government has imposed or will impose on the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has communicated to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and the right to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be communicated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract of indefinite duration that provides for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract that provides for the regular delivery of products (including electricity) or services at any time toward the end of the specified duration, subject to agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts mentioned in the previous paragraphs:

At any time, without being restricted to termination at a specific time or during a specific period.
At a minimum in the same manner in which they were entered into.
Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, a fixed-term contract that provides for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, provided the consumer can cancel this extended contract toward the end of the extension with a notice period of no more than one month.

A fixed-term contract that provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of contracts for the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

A contract of limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end upon expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days of the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has an obligation to immediately notify the entrepreneur of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly within 7 days of the consumer discovering the defects.

Complaints submitted to the entrepreneur will be responded to within 30 days of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Any disputes arising from contracts between the entrepreneur and the consumer to which these general terms and conditions apply will be handled in accordance with the laws of the United States. We aim to resolve any issues amicably and in a timely manner. If a dispute cannot be resolved mutually, it will be submitted to the competent court in the relevant jurisdiction.