Terms & Conditions
GENERAL TERMS AND CONDITIONS
______________________________________
Welcome to Lemoni Boutique!
§1 Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as 'GTC') govern the sale of products by Lemoni Boutique - Olga Kovtun & Marina Zahl GbR (hereinafter referred to as 'Provider´) to you in the version valid at the time of your order.
(2) Deviating GTCs of the buyer will be rejected.
(3) Please read these conditions carefully before placing an order with Lemoni Boutique. By placing an order with Lemoni Boutique, you agree to the application of these sales conditions to your order.
(4) On www.lemoni.boutique, we offer the sale of the following products: clothing and accessories for children and teenagers.
§2 Conclusion of Contract
(1) Contracts on this platform can be concluded in either German or English.
(2) The offers are exclusively aimed at end customers with a billing and delivery address in Europe.
(3) The presentation of goods in the online shop does not constitute a legally binding offer. The presentation of the goods merely prompts the customer to make an offer.
(4) Your order constitutes an offer to Lemoni Boutique to conclude a purchase contract. The buyer makes a binding offer by completing the online order process and clicking the 'Pay now' button in the final order step.
(5) The purchase contract between the Provider and the buyer is only concluded by the Provider's declaration of acceptance. This occurs at the earlier of the two times: either dispatch of the goods or sending a shipping confirmation via email. Please note that confirmation of receipt of your order does not constitute an acceptance declaration as mentioned before.
(6) The effectiveness of contracts for quantities larger than normal household amounts and the commercial resale of the purchased items requires the explicit confirmation of the Provider. This refers both to the number of products ordered as part of one order and to the placing of several orders for the same product, where the individual orders comprise a standard household quantity.
(7) Your orders will be saved by us after the contract is concluded. If you lose your documents, please contact us via email or telephone, and we will send you a copy of the order data.
(8) You agree to receive invoices electronically. Electronic invoices will be provided to you via email or in your customer account on the website.
§3 Prices and Shipping Costs
(1) Our prices include the applicable statutory VAT and do not include shipping charges or surcharges. Shipping surcharges vary depending on the delivery method and the nature of the items.
(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We check the prices when processing your order and before charging the payment. If the correct price of a product is higher than the stated price, we will contact you before dispatch to confirm whether you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.
(3) Prices at the time of the order apply. If list prices are available, the prices valid at the time of the order apply.
§4 Delivery and Cancellation
(1) Unless otherwise agreed, delivery is made to the address specified by the buyer. On the website, you will find information on the availability of products sold by Lemoni Boutique (e.g., on the respective product detail page). We would like to point out that all information regarding availability, shipping, or delivery of a product is only approximate and non-binding, unless explicitly stated as a binding deadline for shipping in the options of the respective product.
(2) If Lemoni Boutique determines during the processing of your order that the products you ordered are not available, you will be informed separately via email or via a message in your customer account. The buyer's legal rights remain unaffected.
(3) Delivery depends on the buyer's payment method. For prepayment, delivery occurs after the payment order is issued to the transferring bank. For payment via PayPal, credit card, gift card, direct debit, or Klarna, delivery occurs after the contract is concluded.
(4) If your order is shipped in more than one package, you may receive separate shipping confirmations for each package. In this case, a separate purchase contract is concluded for the products listed in each shipping confirmation. The contracting party is Lemoni Boutique – Olga Kovtun & Marina Zahl GbR. Regardless of your right of withdrawal, you can cancel your order for a product at any time before the associated shipping confirmation is sent, free of charge.
§5 Customs
(1) When ordering products from Lemoni Boutique for delivery outside the European Union, you may be subject to import duties and taxes, which are collected once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for more information.
(2) Additionally, please note that when ordering from Lemoni.boutique, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods. We want to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities.
§6 Payment
The buyer can pay for the goods using the following payment methods:
- PayPal
- credit card
- gift card
- instant transfer
- Klarna
(2) Some payment methods may be excluded by the Provider in individual cases.
(3) If the buyer chooses an online payment method, the buyer authorizes the Provider to collect the amounts due at the time of the order.
(4) If the Provider offers prepayment and the buyer chooses this payment method, the buyer must transfer the invoice amount to the Provider's account within five calendar days of receipt of the invoice. The Provider reserves the goods accordingly for five calendar days.
(5) If the supplier offers payment by direct debit and the customer chooses this payment method, the customer shall grant the supplier a SEPA basic mandate. If a payment transaction is reversed when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank account details, the customer shall bear the costs.
(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
(7) If the buyer is in default of payment, the Provider reserves the right to assert claims for damages for default.
§7 Retention of ownership
Lemoni Boutique - Olga Kovtun & Marina Zahl GbR retains ownership of the goods until full payment has been made.
§8 Transport Damages
(1) If the buyer receives the goods with obvious transport damages, the Provider requests that the buyer immediately lodge a complaint.
(2) Failure to lodge a complaint has no consequences for the buyer's legal warranty rights. The complaint aims to help the Provider assert its own claims against the carrier.
§9 Defects
(1) If the buyer is a consumer, the warranty and liability for defects in the purchased item shall be governed by statutory provisions: Accordingly, buyers in the European Union have warranty rights for two years from the delivery of the goods and may demand the repair or replacement of products purchased from Lemoni Boutique if they prove 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 in the purchase price.
(2) For used goods, the warranty period may be shorter than two years.
(3) If the buyer is not a consumer, the limitation period for defects is one year. This applies unless damage or expense claims are made that concern compensation for damage relating to body and health or intentional or gross negligence.
§10 Right of Withdrawal
(1) If the buyer is a consumer, they have a right of withdrawal in accordance with the following provisions:
(2) Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise the right to cancel, you must inform us (Lemoni Boutique; Friedrich-Ebert-Straße 19, 16816 Neuruppin, Phone: +49(0)1712896221, email: info@lemoni.boutique) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail).
You can use the attached sample withdrawal form, but this is not mandatory.
You can also declare your revocation by returning the goods to us (Lemoni Boutique, Friedrich-Ebert-Straße 19, 16816 Neuruppin, Germany).
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.
(3) Consequences of Withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.
You must return or hand over the goods to Lemoni Boutique, Friedrich-Ebert-Straße 19, 16816 Neuruppin, Germany immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
We shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
(4) Exceptions to the right of withdrawal
The right of withdrawal does not exist or expires for the following contracts:
- for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
§ 11 Data Protection
(1) If personal data (e.g., name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We point out that the transmission of data on the internet (e.g., by email) can have security gaps. Complete protection of data against third-party access cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the Provider has previously given the persons concerned their written consent.
(4) You have the right at any time to obtain free and complete information from Lemoni Boutique regarding the data stored about you.
(5) Furthermore, users have the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate privacy policy.
§12 Cookies
(1) To display the product range, it may happen that we use cookies. Cookies are small text files that are stored locally in the cache of the internet browser of the page visitor.
(2) Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited 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) Further information on cookies you can find in the separate section on our website.
§13 Place of Jurisdiction and Applicable Law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany exclusively applies.
(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law, or special public law assets is the location of the Provider.
§14 Final Provisions
(1) The contract language is German or English.
(2) Our products for children can be purchased by adults or minors over 13 years old. If you are under 13, you may only use www.lemoni.boutique with the participation of a parent or legal guardian.
(3) We reserve the right to make changes to our website, policies, and terms and conditions, including these GTC, at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to those terms and conditions is required by law or governmental order (in which case they will also apply to orders previously placed by you). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(4) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.