Terms & ConditionsTerms of Service
§ 1 Scope and providers
These terms and conditions apply to all orders placed by consumers via the online shop from Fashionesta Textilhandel GmbH, Julius-Doms-Str. 19, 51373 Leverkusen, Germany, CEO: Katharina Nowak (hereinafter "fashionesta"). A consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity.
§ 2 Conclusion of contract
§ 2.1 The product representations in the online shop are not binding contract deals. They are used to submit a purchase offer. A contract is only concluded when fashionesta accepts a binding contract offer on its part in accordance with § 2.4.
§ 2.2 You can choose from the fashionesta product range and collect them by clicking on the "Purchase" button in the shopping cart. The cart can be accessed via the button "Shopping cart". You submit a binding offer to buy upon clicking the "Agreement to pay" button. You can view and change your data before confirming the order by clicking on "Agreement to pay". The contents of the shopping cart can be changed in the cart by changing the number of products and then clicking on the "Update cart" button. The change is made in the "2nd order" screen via the "Edit cart" link that allows you to go back to the cart. Your address and payment details can be changed directly in the "2nd order" input screen before clicking on "Agreement to pay". No changes can be made after clicking this button.
§ 2.3 Our products are sold only for personal use
§ 2.4 We accept your order by sending an order confirmation via email or by delivering the goods within five days. Confirmation of the receipt of the order does not constitute acceptance of the purchase offer.
§ 2.5 If our order confirmation contains clerical or typographical errors or if our pricing has technical transmission errors, we are entitled to challenge this in accordance with §§ 119 ff. BGB, whereby we have to prove our error. Payments already made will be refunded immediately.
§ 2.6 The contractual provisions and the terms and conditions will be sent via email. Registered users can view their previous orders in our customer login area. Other than this, you cannot access saved data on fashionesta.
§ 3 Prices and discounts
§ 3.1 The prices on the product pages include VAT inside the European Union and other price components do not include shipping costs.
§ 4 Shipping costs
We ship insured immediately to the designated delivery address after conclusion of the contract and the payment is received.
Our shipping and delivery times:
Within the EU insured for 18.90 EUR (approx. 2-3 business days / no deliveries on weekends and on public holidays days)
Within the EU insured by EXPRESS for 38.90 EUR (delivery next business day / no deliveries on weekends and public holidays / service not available on every destination)
International shipping insured (outside the European Union) starting from 18.90 EUR (approx. 1-3 business days / no deliveries on weekends and on public holidays. Please be aware that additional customs duties and/or (local) handling costs could be applied on shipping destinations outside the European Union.)
International shipping insured by EXPRESS for 99.00 EUR (Guaranteed Next Business Day delivery for all Orders received from Mon - Fri until 4 PM (Central European Time); No deliveries on weekends and public holidays.)
These shipping costs are per order process. If you order more than one item in a purchase transaction, there are no additional shipping costs.
§ 5 Delivery terms
§ 5.1 Deliveries are made by UPS, DHL, or FedEx.
§ 5.2 Unless otherwise stated in the offer, deliveries are carried out no later than within 5 business days after conclusion of contract
§ 5.3 If not all products ordered are in stock, we are entitled to partial deliveries at our expense.
§ 5.4 If the products cannot be successfully delivered after three attempts, we can withdraw from the contract if we are not responsible for the failure of delivery. Payments will be refunded immediately after the items returned.
§ 5.5 If the ordered product is not available because we were not supplied with this product by our suppliers, at no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and may suggest delivering a comparable product. If no comparable product is available or you do not want a comparable product, we will refund your payment without delay.
§ 6 Payment terms
§ 6.1 Payment is either by bank transfer, credit card, debit card, Amazon payments, and Paypal.
§ 6.2 If advance payment is selected, we will provide our bank details in the order confirmation. The items will be shipped upon receipt of payment. When paying by credit card, your account will be charged upon shipping the items.
§ 6.4 When paying by direct debit, you bear the costs incurred as a result of reversing a payment transaction in the case of lack of funds or because you incorrectly transmitted data to the bank account.
§ 6.5 You only have the right to setoff if your claims are legally established in court or are undisputed.
§ 6.6 You may only exercise a right of retention if the claims result from the same contractual relationship.
§ 6.7 Currency conversion costs will be borne by you.
§ 7 Retention of title
The goods remain our property until full payment. Before transfer of ownership, a pledge, security transfer, processing, or transformation is not allowed without our agreement.
§ 8 Withdrawal policy
Right of withdrawal
You have the right to withdraw from this agreement within fourteen days without specifying any reasons. The withdrawal period is fourteen days from the date on which you, or a third party designated by you who is not the carrier, take possession of the item or - if the customer has ordered multiple items under a single order that are delivered separately - on the day on which you, or a third party designated by you who is not the carrier, take possession of the last item.
To exercise your right of withdrawal, you must inform us (Fashionesta Textilhandel GmbH, Julius-Doms-Str. 19, 51373 Leverkusen, Germany, phone: +49-(0)214-890937150; fax: +49-(0)214-890937110, email: firstname.lastname@example.org) by means of a clear statement (e.g. a letter by post, fax or email) of your decision to withdraw from this contract. You may use the standard cancellation form, but this is not obligatory.
In order to comply with the withdrawal period, it is sufficient that you send notification that you are exercising your right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we shall refund all payments received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of withdrawal. We shall issue the refund using the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; you shall not be charged a fee for this refund under any circumstances.
We may withhold the refund until the item(s) has (have) been returned to us or until you have provided evidence that you have shipped the good(s).
You must immediately send back or hand over the goods to us on your expend, in any event no later than fourteen days from the date on which you notified us that you are withdrawing from this contract. The deadline will be deemed to have been observed if you dispatch the items before the fourteen-day deadline has expired.
You will only be liable for a potential reduction in value of the items if this reduction in value was due to improper handling on your part that was not necessary for testing quality, characteristics, and functioning of the items.
Sample Withdrawal Form
(If you would like to withdraw from the contract, please complete this form and send it back.)
To Fashionesta Textilhandel GmbH, Julius-Doms-Str. 19, 51373 Leverkusen, Germany, Fax: +49-(0)214-890937110, email: email@example.com:>
- I/We (*) hereby withdraw from my/our (*) contract entered into for the purchase of the following items (*)/provision of the following services(*)
- Ordered on(*)/received on(*):
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only required for notification on paper)
(*) Cross out what doesn't apply
End of withdrawal policy
§ 9 Transport damage
§ 9.1 If items are delivered with obvious damages, please file a complaint about such errors immediately to the deliverer, and please contact us as soon as possible at +49 (0) 214-890937150.
§ 9.2 Failure to make a complaint or to contact us has no consequences for your statutory warranty rights. However, it will help us assert our own claims against the carrier and/or transport insurance.
§ 10 Warranty
The warranty is subject to the statutory provisions, in particular to §§ 434 ff. BGB
§ 11 Liability
§ 11.1 We exclude liability for negligent breach of duty, provided these are not contractual obligations. For simple negligent breach of contractual obligations, we are liable for the amount limited only to typical, foreseeable damage. Material contractual obligations are those whose performance makes the proper execution of the contract possible, which endanger the purpose of the contract, and on whose compliance the purchaser regularly relies (cardinal obligations).
§ 11.2 § 11.1 shall not apply to a culpable violation of life, body, or health, for guarantees or for mandatory statutory claims (e.g. pursuant to the Product Liability Act).
§ 11.3 §11. also applies to breach of duty by our agents.
§ 12 Final provisions
§ 12.1 If any provision of these terms and conditions are invalid, the rest of the contract will remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.
§ 12.2 German law applies.