Terms of service

General Terms of Business –

LUISA CERANO Web Shop

Section 1 Scope of validity; application

All business relations between LUISA CERANO GmbH & Co. KG and the customer are governed exclusively by the following General Terms of Business. These relate only to orders concluded by consumers, as defined under Section 13 of the German Civil Code (BGB).

Section 2 Conclusion of contract

1. The web pages of LUISA CERANO GmbH & Co. KG are merely to be construed as a sales brochure. By presenting its products on these web pages, LUISA CERANO GmbH & Co. KG is only inviting customers to submit their offers (orders). The initial confirmation of receipt of order, which is transmitted by e-mail, does not constitute a contract of sale.

2. A contract of sale will not come into effect until our own order confirmation has been sent; this typically occurs within three (3) days of the order being received and/or no later than at the time the articles are delivered, which constitutes acceptance of the declared order on the part of LUISA CERANO GmbH & Co. KG.

3. The process for ordering goods via the LUISA CERANO GmbH & Co. KG web shop comprises a total of four (4) steps. The first step involves selecting the desired good. The second step entails you entering your customer data, which includes a billing address as well as a deviating shipping address, where applicable. The third step involves selecting your desired method of payment. As a final step, you have the opportunity to review all of the details you have entered (e.g. name, address, method of payment, goods ordered) and amend these where necessary before you send your order to LUISA CERANO GmbH & Co. KG by clicking on "Pay now".

4. Goods are only sold in standard household quantities. LUISA CERANO GmbH & Co. KG does not accept orders placed by customers below the age of 18.

Section 3 Right of withdrawal

1. Consumers have a 14-day right of withdrawal.

Instructions on withdrawal

Right of withdrawal:

You have the right to withdraw from this contract within 14 days without specifying the reason. The withdrawal period will expire 14 days from the day on which you or your designated third party, other than a carrier, take(s) physical possession of the goods. To exercise your right of withdrawal, you will need to send LUISA CERANO GmbH & Co. KG, (Weberstrasse 1, 72622 Nürtingen, Germany, customerservice@luisacerano.com, Tel.: +49 7022 705137) an unequivocal notice (e.g. a letter sent by post, fax or e-mail) informing us of your decision to withdraw from the contract. You may use the attached sample withdrawal form, but this is not obligatory. To meet the withdrawal deadline, we only require that you send your notification before expiry of the withdrawal deadline, stating that you wish to exercise your right of withdrawal.

Effects of withdrawal

In the event that you withdraw from this contract, we will reimburse all payments that we have received from you, including the costs of delivery (but not including any additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer) without delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. When making the reimbursement, we will use the same method of payment that you used for the original transaction unless a different method of reimbursement has been expressly agreed with you; you will not incur any fees whatsoever as a result of the reimbursement. We may withhold reimbursement until we have taken receipt of the returned goods or until such time as you have furnished proof of having sent back the goods, whichever is earliest. You will be required to return or hand over the goods without delay and, in any event, no later than fourteen days from the day on which you notify us that you are withdrawing from this contract. The deadline is deemed to have been met if you send back the goods before expiry of the 14-day deadline. You will be charged for the direct cost of returning the goods unless you opt for the procedure that LUISA CERANO GmbH & Co. KG suggests you use at the time that you notify us that you are returning the goods. You will only be required to cover the cost of any diminished value of the goods if the depreciation in value is attributable to your handling the goods in a manner that is improper or unnecessary in order to inspect their condition, properties or functions.

1. The right of withdrawal will not apply to goods which are not pre-manufactured and equally not where their manufacture requires the selection or specification of individual properties; nor to goods which are explicitly tailored to the customer’s individual requirements, or where goods cannot be returned on health and hygiene grounds if their seal has been removed after delivery.

Section 4 Delivery

1. Unless otherwise agreed, LUISA CERANO GmbH & Co. KG will deliver the goods to the shipping address specified by the buyer and at the buyer’s expense. The passing of risk will not occur until the goods have been handed over to the customer, however. LUISA CERANO GmbH & Co. KG ships to all EU member states and reserves the right not to accept orders that are designated for delivery to countries outside the EU. Deliveries are carried out by a logistics service provider engaged by LUISA CERANO GmbH & Co. KG. The customer may select their preferred service provider from those proposed by LUISA CERANO GmbH & Co. KG.

2. The delivery time will depend on the destination and ranges from one (1) to five (5) working days. The delivery periods or delivery dates indicated by LUISA CERANO GmbH & Co. KG are non-binding; partial deliveries are permissible.

3. Where payment in advance is agreed, the delivery time will begin from the time that LUISA CERANO GmbH & Co. KG receives payment for the goods in question.

4. If, while processing your order, LUISA CERANO GmbH & Co. KG should ascertain that the ordered products are not available, you will be notified by separate e-mail. A contract will not come into effect for any goods that are unavailable.

Section 5 Pricing and shipping costs

1. All prices displayed on the web pages of LUISA CERANO GmbH & Co. KG, as the seller, are understood to include the statutory rate of sales tax (VAT), as amended from time to time.

2. The buyer will be notified on the seller’s web pages of the shipping costs to be charged for the order in question. The shipping costs may vary depending on the delivery area, type of delivery and the nature of the order. Unless otherwise agreed, the buyer will be required to cover the shipping costs. In keeping with the Instructions on withdrawal cited in Section 3, the customer may be required to cover the direct costs of returning the goods even in the event of a withdrawal.

Section 6 Warranty

The consumer has the right to assert a statutory warranty claim for defects in the purchased good(s) in accordance with the provisions of Section 437 et seq. BGB. The customer may especially require subsequent performance (whether replacement or the rectification of defects). Notwithstanding this, LUISA CERANO GmbH & Co. KG is entitled to refer the customer to a replacement delivery where a disproportionately high amount of effort would be incurred in order to remedy the defect. Warranty claims are limited to two years following delivery of the goods. Should a defect arise during the two-year limitation period, the limitation will not become time-barred until a period of four (4) months has lapsed since the defect initially arose. The buyer will be required to state the order number, their name and address as well as a brief description of the underlying reasons when asserting warranty claims. To assess the costs and risk for LUISA CERANO GmbH & Co. KG, the customer will, at the request of LUISA CERANO GmbH & Co. KG, be required to send the defective goods to the following address:

LUISA CERANO Online-Shop

Tor 13

Weberstrasse 1

72622 Nürtingen

Germany

Section 7 Terms of payment

LUISA CERANO GmbH & Co. KG accepts the methods of payment indicated in the ordering process. Where a legitimate interest exists during the ordering process, LUISA CERANO GmbH & Co. KG will run a credit assessment on the customer by requesting information from a credit agency or other service providers (e.g. SCHUFA Holding AG, Klarna, Boniversum …). This credit assessment will determine which specific methods of payment are offered to the customer. Where payment against invoice is concerned, the invoice amount is to be settled within 30 days of receipt of invoice.

Section 8 Reservation of title

Goods supplied remain the property of LUISA CERANO GmbH & Co. KG until full settlement of the total amount owed.

Section 9 Set-off, retention

The customer may only assert a right to set off claims if the customer’s counterclaims are undisputed or final, absolute and uncontested or the claims to be set off arise from the same contractual relationship.

Section 10 Privacy

Any personal data concerning the buyer of which LUISA CERANO GmbH & Co. KG becomes aware in the course of the business relationship will be saved and may, where applicable, be forwarded to affiliated companies in order to carry out the order. All data are, as a matter of course, treated confidentially. We collect, save and use the data in accordance with the privacy policy in place at LUISA CERANO GmbH & Co. KG, as amended from time to time. This privacy policy can be viewed here at any time or accessed by clicking on the following link: www.luisacerano.com/datenschutz.

Section 11 Storage of order text

The contractual text will be saved to internal systems at LUISA CERANO GmbH & Co. KG. Our General Terms of Business may be consulted at any time by clicking on the following link: www.luisacerano.com/agb. For security reasons, once an order has been completed, your order data will be no longer be accessible online.

Section 12 Online dispute resolution and consumer arbitration

1. Online dispute resolution in accordance with Art. 14 (1) of the ODR Directive: The European Commission provides an Online Dispute Resolution platform (ODR portal), which is available at http://ec.europa.eu/consumers/odr/.

2. LUISA CERANO GmbH & Co. KG is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

Section 13 Final provisions

All contracts between LUISA CERANO GmbH & Co. KG and the customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods. This choice of law only applies insofar as it does not void the mandatory consumer protection rights applicable in the member state where the consumer has their habitual residence at the time of placing the order.

Section 14 Website operator

The website offered via the domain www.luisacerano.com is operated by

LUISA CERANO GmbH & Co. KG

Weberstraße 1

72622 Nürtingen

Germany

vertreten durch die geschäftsführende und persönlich haftende Gesellschafterin:

Hauber Internationale Mode GmbH, Nürtingen Amtsgericht - Registergericht: Stuttgart HRB 220578

diese vertreten durch die Geschäftsführer: Jürgen Leuthe, Simon Tabler

Telephone: +49 7022 705137

Mon-Thurs, from 9 am to 5 pm

Fri, from 9 am to 4 pm

E-mail: customerservice@luisacerano.com

www.luisacerano.com

Kreissparkasse Esslingen-Nürtingen

BIC: ESSLDE66XXX

IBAN: DE13 6115 0020 0102 7156 26

VAT ID No. DE 811 244 702

Sitz Nürtingen - Amtsgericht - Registergericht: Stuttgart HRA 741492