In accordance with Directive 2013/11/EU, the European Commission is setting up an online platform for the online resolution of disputes (‘ODR platform’) between traders and consumers. This can be accessed via the following link: : http://ec.europa.eu/consumers/odr
E-Mail: shop@diaryofdreams.de
GENERAL TERMS AND CONDITIONS FOR GERMANY
§ 1 Scope
The business relationship between Diary of Dreams Shop and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Diary of Dreams Shop does not recognise any deviating terms and conditions of the customer, unless Diary of Dreams Shop has expressly confirmed them in writing. For deliveries within the European Union (EU) and to other countries, the following supplementary EU shipping terms and conditions or international shipping terms and conditions shall also apply.
§ 2 Conclusion of the Contract
The information we provide regarding goods and prices in the Diary of Dreams Shop is non-binding. Once you have completed the ordering process in the Diary of Dreams Shop by entering all the details requested there, you place a binding order in the Diary of Dreams Shop by clicking on ‘Submit order’. You will then receive an order confirmation by email; however, this order confirmation does not yet constitute acceptance of your order. It is merely intended to inform you that your order has been recorded by our system. The contract of sale between you and the Diary of Dreams Shop c/o Adrian Hates is only concluded upon receipt of the dispatch confirmation, which you will also receive by email.
You must check for any typing, printing or calculation errors, as well as any discrepancies between your order, the order confirmation and the delivery of your order, and report these to us immediately; otherwise, we are entitled to withdraw from the contract of sale.
§ 3 Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
To exercise your right of withdrawal, you must inform us, Diary of Dreams Shop, c/o Adrian Hates, Otto-Hahn-Str. 66, 40721 Hilden, Deutschland, Telefon: +49 (0)212 2475020, shop@diaryofdreams.de, by means of a clear statement (e.g. a letter sent by post, a fax or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not compulsory.
To comply with the withdrawal period, it is sufficient for you to send notification of your intention to exercise your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option offered by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without delay and, in any event, no later than fourteen days from the date on which you notify us of your withdrawal from this contract, to
Diary of Dreams Shop
c/o Adrian Hates
Otto-Hahn-Str. 66
40721 Hilden
Deutschland
to return or hand over. The deadline is met if you post the goods before the end of the fourteen-day period.
You are responsible for the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss is attributable to handling of the goods that goes beyond what is necessary to ascertain their nature, characteristics and functioning.
-End of the cancellation policy-
§ 4 Delivery
Unless otherwise agreed, delivery will be made to the delivery address you have provided. We will dispatch your order within 7 days of receipt of payment, unless a different delivery time is specified. Delivery is subject to Diary of Dreams Shop itself receiving the goods correctly and on time, and provided that any unavailability of the goods is not attributable to us. Claims for damages are excluded, unless there is intent or gross negligence on the part of Diary of Dreams Shop. We reserve the right to supply items available in limited quantities only in quantities customary for household use. The place of performance is the distribution centre. The risk passes to you as soon as the delivery has left our premises. This also applies in the event of partial deliveries.
All parcels are dispatched either via Deutsche Post or DHL.
§ 5 Terms of Payment
We do not have a minimum order value.
You can choose from the following payment methods in our online shop:
Payment in advance by bank transfer:
Once you have placed your order, you will receive an order confirmation (by email) containing our bank details. As soon as we have received the payment, the goods will be dispatched to you.
Prepayment via PayPal (including direct debit and credit card):
In our online shop, we offer you the option to pay via PayPal. Once you have completed your order, you will be automatically redirected to the PayPal homepage. As soon as we have received the payment, the goods will be dispatched to you.
The goods supplied remain the property of Diary of Dreams Shop until all outstanding claims have been settled in full. Prior to the transfer of ownership, you may not pledge the goods as security, assign them as security, process them or alter them without our express consent. Until ownership has been transferred, you are obliged to treat the goods with care and to report any damage immediately.
Late payment
If we do not receive payment from you within 14 days, you will receive a payment reminder from us by email. In the event of further delay in payment, we are entitled to charge interest on arrears at a rate of 5 per cent above the base rate per annum published by the European Central Bank. You retain the right to prove that we have incurred no loss, or only a minor loss, as a result of the delay.
You can find the shipping costs for each country under ‘Delivery & Payment’.
Prices & Delivery charges
All prices in our online shop are quoted inclusive of VAT. We reserve the right to change prices.
Postage costs are calculated automatically by our shop system. You will be shown the postage costs during the checkout process.
§ 6 Warranty and Liability
We must be notified immediately, and at the latest within 5 days, of any defects in the goods delivered or damage caused in transit. In such cases, we will either supply a replacement or rectify the defect. If you are unable to contact us within a reasonable time, you may withdraw from the contract of sale or request a reduction in the purchase price. Any minor colour variations between the images and the goods delivered are due to technical reasons and do not constitute a defect.
We shall only be liable in the event of a culpable breach of contractual obligations, in the absence of warranted characteristics, or in the event of damage caused intentionally or through gross negligence, even if such damage is attributable to the acts of vicarious agents. Furthermore, regardless of the legal basis, we shall only be liable within the scope of the Product Liability Act.
Furthermore, in the event of a breach of a contractual obligation due to slight negligence, our liability shall be limited to the typically foreseeable loss, which as a rule shall not exceed the purchase price of the goods ordered.
We would also like to point out that printed items, such as posters, may show minor damage to the edges or marks on the reverse side as a result of storage and transport.
§ 7 Miscellaneous
By placing your order, you are deemed to have read, understood and accepted these terms and conditions. You may download them permanently onto a data storage device and print them out at any time.
In the event of claims of any kind arising from matters relating to copyright, competition law or trade mark law, we ask that you contact us in order to avoid unnecessary legal disputes, formal warnings and costs. Should claims of the aforementioned nature be made, we hereby undertake, prior to any final, legally binding resolution, to take remedial action that will conclusively rule out any risk of recurrence. Should, however, a bill for costs arising from a lawyer’s warning letter be issued without prior contact, this will be rejected on the grounds of failure to comply with the duty to minimise damage. Any warning letter and/or follow-up action deemed unnecessary and/or unjustified in this regard would be met with a negative declaratory action.
SUPPLEMENTARY OR DEVIATING PROVISIONS OUTSIDE THE FEDERAL REPUBLIC OF GERMANY.
§ 1 Scope of Application
The business relationship between Diary of Dreams Shop and the customer shall be governed exclusively by the aforementioned General Terms and Conditions in the version valid at the time of the order within the Federal Republic of Germany, as well as by these supplementary provisions for dispatch within the EU and worldwide.
§ 2 Right of withdrawal
You are responsible for the full cost of the return.
§ 3 Delivery
We will dispatch your order within and outside the EU within 7 days of receipt of payment, unless a different delivery time is specified.
Your orders will be dispatched exclusively via Deutsche Post or DHL.
§ 4 Terms of Payment
A flat-rate charge for postage and packaging is applied to every order. Please refer to the postage table for the flat-rate charge applicable to your country.
Payment for the goods must be made exclusively in advance (bank transfer, PayPal).
DATA STORAGE
We adhere strictly to data protection regulations. You consent to the storage, processing and use of the personal data provided to us through your order, in accordance with the provisions of the Federal Data Protection Act (BDSG), for the purpose of processing your order. Your stored personal data will only be passed on to the relevant transport company for the purpose of dispatching your goods. All personal data will, of course, be treated confidentially.