GENERAL TERMS AND CONDITIONS OF

https://rosamelani.com/

Welcome to ROSAMELÁNI!

§ 1 Scope and Provider

(1) The General Terms and Conditions (hereinafter referred to as "General Terms and Conditions") govern the sale of products and services by ROSAMELÁNI (hereinafter Provider) to you in the version valid at the time of the order.

(2) Deviating terms and conditions of the customer are rejected.

(3) Please read these conditions carefully before placing an order to ROSAMELÁNI. By placing an order with ROSAMELÁNI, you agree to the application of these GTC to your order.

(4) On ROSAMELÁNI we offer you the following products:

Clothing, accessories and shoes

(5) At ROSAMELÁNI we offer the following services:

________

§ 2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are intended exclusively for end customers with an invoice and delivery address in:

Europe.

For individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.

(3) The customer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not constitute a legally effective

By presenting the goods, the customer is only asked to make an offer.

(5) Your order constitutes an offer to ROSAMELÁNI to conclude a purchase contract. The customer submits a binding offer if he has completed the online order process by entering the information required there and clicks the button "buy" in the last order step.

(6) The purchase contract between the Provider and the Customer is only concluded by a declaration of acceptance by the Provider. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The effectiveness of contracts for larger than usual household quantities as well as the commercial resale of the object of purchase requires the express confirmation by the provider. This refers both to the number of products ordered as part of an order and to the placing of several orders for the same product, where the individual orders include a household quantity.

(8) Your orders will be stored with us after conclusion of the contract. If you lose your order records, please contact us by email or phone. We will send you a copy of the order details.

(9) Access to the ROSAMELÁNI service requires registration.

(10) By registering, the customer acknowledges the present GTC. With the registration, a contractual relationship between ROSAMELÁNI and the registered customer arises, which is governed by the provisions of these GTC.

(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is only asked to make an offer.

(12) By ordering a paid service, the registered customer enters into another contractual relationship with ROSAMELÁNI, which is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective paid service and the payment terms. The contractual relationship arises when the customer confirms the order and payment obligation by clicking the "buy" button.

(13) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account of the website. We will provide you for each delivery and service above
inform whether an electronic invoice is available, for more information about electronic invoices please visit our website.

§ 3 Description of the scope of services

The scope of ROSAMELÁNI’s services consists of:

Shipping of Clothing & Accessories

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include shipping costs or shipping costs. The shipping cost surcharges vary depending on the delivery method and item quality.

(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check the prices when we process your order and before we charge the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price indicated by us, we will charge the lower amount and send you the product.

(3) The prices apply at the time of ordering. If list prices are available, the prices of the list price valid at the time of ordering shall apply.

(4) In order to use ROSAMELÁNI a registration is necessary.

(5) In order to purchase the services of the Website, the User must register and create a user account.

(6) If the user wishes to make use of a fee-based service, he will be informed in advance of the obligation to pay. In particular, the respective additional scope of services, the costs incurred and the method of payment are listed.

(7) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different services.

§ 5 Delivery and cancellation

(1) Unless otherwise agreed, delivery is made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by ROSAMELÁNI (for example, on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is only expected information and approximate guidelines. They provide no binding or. guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.

(2) If ROSAMELÁNI determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The customer’s statutory claims remain unaffected.

(3) Insofar as delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or staircase of the customer or because the customer is not found at the delivery address specified by him, Although the time of delivery has been announced to the customer with a reasonable period of time, the customer bears the costs for the unsuccessful delivery.

(4) Delivery depends on the payment method of the customer. In the case of prepayment, delivery shall take place after the payment order has been issued to the transferring credit institution. If payment is made by Paypal, credit card, gift card, direct debit, instant transfer or invoice, delivery will take place after conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement between us regarding the products listed in the respective shipping confirmation is concluded with regard to each shipping confirmation. The contractual partner is ROSAMELÁNI. Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before sending the associated shipping confirmation.

§ 6 Terms of payment

(1) Any fees incurred must be paid in advance to ROSAMELÁNI without deduction at the time of maturity.

(2) The purchaser may pay for the goods or services by the following payment methods:

- Paypal

- credit card

- Gift card

- and other methods shown in the checkout 

(3) Certain payment methods may be excluded by the provider in individual cases.

(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.

(5) Should the customer choose an online payment method, the customer hereby authorizes the provider to collect the amounts due at the time of the order.

(6) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order. Accordingly, the supplier reserves the goods for five calendar days.

(7) If the provider offers payment by credit card and the customer chooses this method of payment, the provider expressly authorizes the provider to collect the amounts due.

(8) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a SEPA basic mandate. Should a chargeback of a payment transaction occur during the payment by direct debit due to a lack of account coverage or due to incorrectly transmitted data of the bank details, the customer must bear the costs for this.

(9) If the Provider offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.

(10) If the customer is in default of payment, the provider reserves the right to assert the default damage.

§ 7 Registration and termination

(1) Furthermore, the customer declares that he and, as far as he knows, no member of his household does not have a criminal record for an intentional offence that endangers the safety of third parties, in particular not for a crime against sexual self-determination (§ 174 ff. The Penal Code, a crime against life (§ 211 ff StGB), a crime against physical integrity (§ 223 ff StGB), of an offence against personal freedom (Section 232 et seq.) or theft and embezzlement (Section 242 et seq.c) or robbery and extortion (Section 249 et seq.c) or drug abuse.

(2) A user account is for his/her sole and personal use and a user may not authorize third parties to use this account. A user may not transfer his/her account to third parties.

(3) A user is, subject to reservation, entitled at any time to unsubscribe in writing by post, e-mail or telephone without giving a reason. At the same time, it is possible to deactivate this completely and by hand within the data and settings in the user account. The previously concluded contractual relationship is thus terminated.

(4) If a user has registered for a paid service, he may terminate at the latest ________ days before the booking period. If this deadline is not met, the fee-based service will be extended depending on the selected booking time by this and the cancellation will only take effect at the end of the subsequent booking period. Termination is possible by telephone, e-mail or letter and is confirmed by us in writing. In order for your cancellation to be assigned, the full name, the stored e-mail address and the address of the customer should be specified. In the event of termination by telephone, the individual telephone password is required.

(5) ROSAMELÁNI may terminate the contract at any time, at its sole discretion, with or without prior notice and without giving reasons. ROSAMELÁNI further reserves the right to remove profiles and/or any content published on the website by or by the user. If ROSAMELÁNI terminates the registration of the user and/or removes profiles or published content of the user, ROSAMELÁNI has no obligation to inform the user about the reason for termination or removal.

(6) Following any termination of any individual use of the ROSAMELÁNI Services, ROSAMELÁNI reserves the right to send information about this to other registered users with whom ROSAMELÁNI assumes that they have been in contact with the user. ROSAMELÁNI’s decision to terminate the registration of the user and/or to notify other users with which ROSAMELÁNI assumes that the user was in contact does not imply or. Does not imply that ROSAMELÁNI makes statements about individual character, general reputation, personal characteristics or lifestyle.

(7) Users are obliged not to make any intentional or fraudulent misstatements in their profile and other areas of the Portal. Such information may result in civil action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.

(8) If a user’s access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user shall pay damages for the remaining contract period in the amount of the agreed fee minus the saved expenditure limit. The amount of the saved expenses is set at a flat rate of 10% of the fee. Both parties remain free to prove that the damage and/or the saved expenses are actually higher or lower.

(9) After termination of the contractual relationship, all data of the user will be deleted by ROSAMELÁNI.

§ 8 Limitation of liability (services)

(1) ROSAMELÁNI assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.

(2) With regard to the requested or offered service, the contract is concluded exclusively between the respective customers involved. Therefore, ROSAMELÁNI is not liable for the services of the participating customers. the relationship between the Purchaser, including, without exception, the services received by a Seeker or payments due to Purchaser, directly to the respective party of. ROSAMELÁNI cannot be held responsible for this and hereby expressly contradicts any liability claims of any kind, including claims, services, direct or indirect damage of any kind, consciously or unconsciously, suspects or unexpected, disclosed or not, in any way whatsoever in connection with the mentioned matters.

(3) For damages resulting from injury to life, body or health, ROSAMELÁNI is liable only, if they are based on an intentional or negligent breach of duty by ROSAMELÁNI or an intentional or negligent breach of duty by a legal representative or vicarious agent of ROSAMELÁNI.

(4) For other damages, as far as they are not based on the violation of cardinal obligations (such obligations, whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely) ROSAMELÁNI Europe shall only be liable if they are based on an intentional or grossly negligent breach of duty by ROSAMELÁNI or
are based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ROSAMELÁNI.

(5) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, they amount to a maximum of 5% of the order value.

(6) Claims for damages based on injury to life, body or health or freedom shall become statute-barred after 30 years; otherwise after 1 year, whereby the statute of limitations shall expire at the end of the year, in which the claim has arisen and the creditor becomes aware of the circumstances giving rise to the claim and the person of the debtor or would have to gain knowledge or without gross negligence ({ 199 para.1 BGB).

(7) The provider reserves the right to check the content of a text written by a user and uploaded files for compliance with the law and the law and, if necessary, to delete all or part of it.

§ 9 Set-off and right of retention

(1) The customer is only entitled to set-off if the customer’s counterclaim has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 10 Retention of title

ROSAMELÁNI reserves the ownership of the goods until full payment.

Section 11 Transport damage

(1) Should the customer receive the goods with obvious transport damage, the provider demands that he make a complaint as soon as possible.

(2) Should the customer fail to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.

§ 12 Right to defects

(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: Accordingly, customers in the European Union have in addition to your 30Days return guarantee for a period of two years from the delivery of the goods warranty rights and may require the repair or replacement of the products purchased on ROSAMELÁNI if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the customer is not a consumer, the defect will be remedied by new delivery or refilling.

§ 13 Limitation of liability (products)

(1) The Provider shall be liable for claims for damages of the Customer arising from injury to life, limb, health or from the violation of essential contractual obligations, as well as for other damages resulting from their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.

(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.

(3) The provider is liable for violations of essential contractual obligations, which are based on typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages of the customer based on injury to life, body or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) Insofar as ROSAMELÁNI’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 14 Cancellation policy

(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(2) Right of withdrawal

You have the right to cancel this contract within fourteen days without giving reasons.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, the goods (or have taken possession of the last goods, partial consignment or piece in the case of a contract for several goods of a uniform order or the delivery of one goods in several partial consignments or pieces) without giving reasons to revoke.

The withdrawal period for services is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must send us:

ROSAMELÁNI

Rosa Grundmann, Boxhagener Straße 23, 10245 Berlin

E-mail: contact@rosamelani.com

by means of a clear declaration (for example, a letter, fax or e-mail sent by post) about your decision to revoke this contract. You can use the sample withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately (for example by e-mail) send you a confirmation of receipt of such revocation.

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and you have returned the goods via our online return centre within the period defined below.

For additional information regarding the scope, content and explanations of exercise, please contact our customer service.

(3) Consequences of withdrawal

If you cancel this contract, we will have all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day, when we have received notice of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

If you have requested that the Services start during the withdrawal period, you must pay us a reasonable amount equal to the share of the Services until the time you inform us of the exercise of the right of withdrawal in respect of this Agreement, services already provided compared to the total scope of services provided for in the contract.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You have the goods immediately and in any case within 14 days from the day on which you inform us of the revocation of this contract at the latest to

ROSAMELÁNI

Rosa Grundmann, Boxhagener Straße 23, 10245 Berlin

E-mail: contact@rosamelani.com

The deadline is met if you send the goods before the expiry of the period of 14 days. You bear the direct costs of returning the goods.

(4) Exceptions to the right of withdrawal

You only have to pay for any loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary to check the condition, characteristics and functioning of the goods.

The right of withdrawal does not exist or expires for the following contracts:

for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and their sealing

has been removed after delivery or has been inseparably mixed with other goods due to its nature after delivery;

for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;

for the delivery of goods made to customer specifications or clearly tailored to personal needs

for the delivery of goods which can quickly deteriorate or whose expiry date is quickly exceeded;

for services, if ROSAMELÁNI has provided them in full and you have taken note of and expressly agreed to them before ordering, that we can start providing the service and you lose your right of withdrawal if the contract is fully fulfilled;

for the supply of newspapers, magazines or magazines, with the exception of subscription contracts; and

for the supply of alcoholic beverages, the price of which was agreed at the conclusion of the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market, over which the entrepreneur has no influence.

§ 15 Exclusion of the right of withdrawal

(1) The right of withdrawal does not apply to contracts

for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

for the delivery of goods which can quickly deteriorate or whose expiry date is quickly exceeded;

(2) The right of withdrawal expires prematurely for contracts

for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

for the delivery of goods if, after delivery, they were inseparably mixed with other goods due to their nature;

for delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 16 Data protection

(1) If personal data (e.g., name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have given your prior consent.

(2) We would like to point out that the transmission of data on the Internet (for example by e-mail) may have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this respect, our liability is excluded.

(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given the data subjects prior written consent.

(4) You have the right at any time to obtain information from ROSAMELÁNI about your personal data in full and free of charge.

(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.

§ 17 Cookies

(1) We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor’s Internet browser.

(2) Many websites and servers use cookies, many of which contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which websites and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, users of this website can provide more user-friendly services that do not require the setting of cookies would be possible.

(4) Please note that some of these cookies are transferred from our server to your computer system, which are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies, for this you have a banner at your disposal which you can object/ accept.

(6) Of course, you can set your browser so that no cookies are stored on the hard disk or. Cookies already stored are deleted. You can find instructions on how to prevent or delete cookies in the help function of your browser or software manufacturer.

§ 18 Jurisdiction and applicable law

(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UNKaufrecht.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or public special funds is the seat of the provider.

§ 19 Final provisions

(1) Contract language is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use ROSAMELÁNI with the assistance of a parent or guardian.

(3) If you violate these Terms and Conditions and we do nothing about it, we may continue to exercise our rights on any other occasion in which you violate these Terms of Sale.

(4) We reserve the right to make changes to our website, rules, conditions, including these terms and conditions at any time. On your order

the Terms and Conditions of Sale, Contract and General Terms and Conditions in force at the time of your order shall apply, unless a change to these Terms is required by law or by official order (in this case, they also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

(5) The ineffectiveness of one provision does not affect the effectiveness of the other provisions from the contract. Should this occur, the purpose of the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.