Terms of service

General Terms and Conditions

1. SCOPE

The following terms and conditions (AGB) apply to all orders placed through our online shop. Our online shop is exclusively aimed at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. An entrepreneur is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2. CONTRACTUAL PARTNERS, CONTRACT CONCLUSION, CORRECTION OPTIONS

The purchase contract is concluded with EKUL GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by email.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for concluding the contract: German, English.

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login area.

4. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs are added. You can find more details about the shipping costs in the offers.

We only deliver by shipping. Unfortunately, self-collection of the goods is not possible.

5. PAYMENT

The following payment methods are generally available in our shop:

Credit Card When placing the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is automatically carried out and your card is charged.

Klarna PayNow Credit Card When placing the order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is automatically carried out and your card is charged immediately after the goods are shipped.

Klarna PayNow Direct Debit After a successful address and credit check in the ordering process, you issue a SEPA direct debit mandate to the online provider Klarna when placing the order. Klarna will inform you about the date of the account debit (so-called prenotification). By submitting the direct debit mandate, Klarna requests your bank to initiate the payment transaction. The payment transaction is automatically carried out, and your account is debited. The account debit is carried out after the goods are shipped. The terms and conditions and the privacy policy of Klarna apply to the payment processing in addition to our terms and conditions. More information is available during the ordering process.

PayPal In the ordering process, you are redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately thereafter. Further instructions are available during the ordering process.

Sofort by Klarna After placing the order, you are redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you must have an online banking account, legitimize yourself accordingly, and confirm the payment instruction to us. Further instructions are available during the ordering process. The payment transaction is carried out immediately after by Sofort, and your account is debited.

Apple Pay To pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated Apple Pay, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further instructions are available during the ordering process.

Google Pay To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated Google Pay, legitimize yourself with your access data, and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. Further instructions are available during the ordering process.

Purchase on Account via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the option of purchase on account. Please note that Klarna's invoice is only available to consumers and that payment must be made to Klarna. When purchasing on account with Klarna, you always receive the goods first and you always have a payment term of 14 days. The full terms and conditions for purchase on account can be found here: [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0]

Financing via Klarna In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you the option of installment purchase. Please note that Klarna's installment purchase is only available to consumers and that payment must be made to Klarna. With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (minimum 6.95 €). Further information on Klarna installment purchase, including the general terms and conditions and the European standard information for consumer credit, can be found here: [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account].

6. RETENTION OF TITLE

The goods remain our property until full payment is made.

7. TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or contact us does not affect your legal rights and their enforcement, especially your warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

8. WARRANTY AND GUARANTEES

Unless otherwise expressly agreed below, the statutory liability for defects applies. For used goods, the following applies: if the defect occurs after one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. The above limitations and shortened periods do not apply to claims due to damages caused by us, our legal representatives, or vicarious agents

  • in case of injury to life, body, or health
  • in case of intentional or grossly negligent breach of duty and fraud
  • in case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed, or
  • as far as the scope of application of the Product Liability Act is opened. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: Our customer service is available for questions, complaints, and claims on weekdays from 10 a.m. to 5 p.m. via phone at 49 7131 – 2 03 93 70 and via email at mariposawear@gmail.com

9. LIABILITY

For claims due to damages caused by us, our legal representatives, or vicarious agents, we are always fully liable

  • in case of injury to life, body, or health
  • in case of intentional or grossly negligent breach of duty
  • in case of guarantee promises, if agreed, or
  • as far as the scope of application of the Product Liability Act is opened. In case of breach of essential contractual obligations, whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence by us, our legal representatives, or vicarious agents, the liability amount is limited to the foreseeable damage at the time of contract conclusion, which must typically be expected. Otherwise, claims for damages are excluded.

10. CODE OF CONDUCT

We have submitted to the following codes of conduct:

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which can be found here: [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

These terms and conditions were created with rechtstexter.de [https://legal.trustedshops.com/legalwizard].