General terms and conditions
Our terms and conditions:
You can find important information on purchases at ABOUT YOU GmbH here.
1. Conclusion of the contract
The presentation of goods in the online store does not constitute a legally binding offer but a non-binding online catalog instead. By clicking the button “order with obligation to pay”, you submit a binding order regarding the goods in the shopping cart. The confirmation of the order’s receipt is issued immediately upon sending the order and does not constitute acceptance of the contract. We may accept your order by sending an order confirmation via email or by shipping the goods within two days, at which point the contract is formed between us.
2. Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (ABOUT YOU GmbH, Domstraße 10, 20095 Hamburg, Germany, fax no. +49 406 3856 9445, email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us or to our logistics service provider, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of instructions of withdrawal
Complete and return this form only if you wish to withdraw from the contract to: ABOUT YOU GmbH, Domstraße 10, 20095 Hamburg, Germany, Fax: +49 406 3856 9445, E-Mail: firstname.lastname@example.org I/We* hereby give notice that I/We* withdraw from my/our* contract:
* Delete as appropriate.
3. Exclusion of the right of withdrawal:
The right of withdrawal is excluded for contracts on the supply of goods (i) which are made to the consumer’s specifications or are clearly personalized or (ii) which are liable to deteriorate or expire rapidly or (iii) which are sealed on delivery and are not suitable for return due to health protection or hygiene reasons, provided they were unsealed after delivery.
4. Voluntary right of return until up to 100 days upon receipt of goods:
Beside the statutory right of withdrawal mentioned above, we grant you a voluntary return guarantee for the period of 100 days upon receipt of goods. You may also cancel the contract after the 14-day withdrawal period has expired by returning the goods to us within 100 days upon receipt (period starts on the day after the goods have been received) as long as the goods are in original packaging and complete and as long as they have not been used or damaged and as long as they do not constitute goods made to the consumer’s specification or that are clearly personalized. Dispatching the goods before expiry of the 100 day period will be sufficient to avail of this voluntary return guarantee. Goods must be shipped back to the address indicated on the return label. The voluntary return guarantee contractually agreed upon does not affect your statutory rights and claims. In particular, your statutory right of withdrawal and your other statutory warranty rights remain available to you.
Delivery is only provided in the Republic of Ireland and is deemed to have occurred when the goods are delivered to the address specified by you.
We are under a legal duty to supply products that are in conformity with these terms and conditions. If the delivered goods are defective, you are entitled to your statutory rights as a consumer. ABOUT YOU does not give any additional warranties against defects other than the rights provided by law.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of us breaking these terms and conditions or us failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms and conditions were entered into both us and you know it might happen, for example if you discussed them with us before or during the purchase. Our total liability to you in connection with any product purchased through our website shall not exceed the purchase price of that product. We only supply goods to consumers for their domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from our act or omission, fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the goods.
8. Shipping Cost
Your order at ABOUT YOU is shipped free of charge.
9. PaymentPayment may be made through PayPal or credit card (MasterCard and Visa). There are no cash discounts for prompt payment.
Payment via PayPalYou pay directly through your PayPal account. Upon submitting your order, you will be forwarded to PayPal to clear the order value. As soon as our PayPal account has been notified about your authorization, shipping starts – depending on the shipping time indicated with the goods. Upon shipping, your PayPal account will, after having deducted discounts, as the case may be, vouchers, etc., be debited with the factual amount invoiced. Goods that have been made to the customer’s specifications or that are clearly personalized lead to an immediate debit of your PayPal account with the factual amount invoiced after having deducted discounts, vouchers, etc.
Payment via credit cardYou immediately pay during the process of ordering by entering your credit card data. Upon shipping, your credit card will, after having deducted discounts, as the case may be, vouchers, etc., be debited with the factual amount invoiced. Goods that have been made to the customer’s specifications or that are clearly personalized lead to an immediate debit of your credit card with the factual amount invoiced after having deducted discounts, vouchers, etc.
Our prices are in EUR and are inclusive of VAT.
11. Reservation of ownership:
Until our receipt of full payment the goods remain our property.
12. Alternative dispute resolution
We are neither obliged nor willing to participate in alternative dispute resolution procedures at consumer arbitration boards.
13. Contractual language / storage of order text
The contract is concluded in English language. The text of the order is not stored with us and cannot be accessed anymore upon completion of the ordering procedure. You may, however, print your order text immediately upon having submitted the order.
If a court finds a part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force in effect.
If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking these terms and conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.
16. Governing Law and Jurisdiction
These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
17. Supplier identification
Local court of Hamburg – registered under HRB 120869 VAT number: IE3693749LH