Terms and Conditions

General Terms and Conditions (including legal customer information) for products from the online shop at https://giacomelli-trachten.com

 

The following General Terms and Conditions (hereinafter referred to as "GTC") also contain legal information on your rights in accordance with the regulations on distance contracts and electronic commerce.

 

§ 1                  

Scope of application

 

These GTC apply to all orders that you, as a consumer (§ 13 BGB), place via the online shop www.giacomelli-trachten.com (hereinafter referred to as "Shop"). A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed.

 

 

§ 2                  

Contracting Party

 

The purchase contract is concluded with Giacomelli Trachten, owner Nicoletta Giacomelli, Nördliche Hauptstraße 20, 83700 Rottach-Egern am Tegernsee, Germany.

 

§ 3                  

Ordering process and conclusion of contract

 

(1)     You have the option to select and order products on our shop page. The presentation of the products does not constitute a binding offer, but an invitation to order. By clicking on the individual products, you will be taken to the product detail page. If you have found a product that you like, you can add it to your shopping cart without obligation by clicking the "Add to cart" button. By clicking the button with the shopping cart symbol in the upper right corner, you will be taken to the shopping cart overview. There you will see the products in the shopping cart, including the product name, size, quantity, and price. You can remove products from the shopping cart or change their quantity at any time. You can also enter comments on your order in the designated field. Registration is not required for an order. If you want to buy the products in the shopping cart, you have two options. On the one hand, by clicking one of the payment provider buttons "Shop-Pay", "PayPal" or "Google-Pay", you can carry out an express checkout without individually entering your contact details and order the goods subject to charges. On the other hand, after clicking the "CHECKOUT" button, you can proceed with entering your individual contact details and enter your contact details in the required fields. Optional information is marked as such. In addition, you can make an individual selection regarding the shipping method and the payment method. If necessary, you can also specify a different delivery address than the billing address previously provided.

 

If you decide to enter your contact details, you will be taken to the order overview by clicking the "Review order" button. There you can again check the entered information for completeness and correctness. By clicking the respective button at the bottom of the page, the label of which depends on the selected payment method (e.g. "Buy now", "Pay with PayPal"), you submit a binding offer to conclude a purchase contract. By submitting your offer, you agree to the validity of our GTC and confirm your knowledge of our cancellation policy and our data protection declaration. At this point, you can view the respective documents. Your data will be transmitted encrypted.

 

(2)     You will receive the order confirmation by email immediately after sending the order. The purchase contract is thereby concluded.

 

(3)     The contract text of your order data is stored in our internal system. You can view and print the order data immediately after completing the order and payment process in our shop in the order confirmation. You will also receive all relevant data of your order and the GTC by confirmation email, which can also be printed out. Our GTC can be viewed and printed out at any time on our website.

 

(4)     Our products are sold only for private use in customary quantities.

 

 

§ 4                  

Terms of Payment/Payment Methods

 

(1)     All stated prices are in EURO and include the statutory VAT and other price components and, if applicable, exclude shipping costs.

 

(2)     Shipping costs are calculated dynamically during the ordering process and displayed in the shopping cart overview before placing the order. Deliveries within Germany are free of shipping costs for an order value of 250 € gross or more.

 

(3)     During the ordering process, you will be shown the different payment options, from which you can choose one. The following payment options are available to you:

 

a)       Purchase on account via Klarna:

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"), we offer purchase on account. Please note that payment must be made to Klarna when selecting this payment method. When purchasing on account, you first receive the goods and then have to pay within a fourteen-day payment period. The complete general terms and conditions for purchase on account with Klarna can be found at https://www.klarna.com/de/agb/.

 

b)       PayPal:

Payment is also possible via PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"). If you select this payment option, you must enter your email address and your PayPal password into PayPal's input mask at the end of the ordering process. The payment amount incurred within the scope of the order, including any shipping costs, will be credited to our account immediately. Shipping takes place after PayPal's payment confirmation. PayPal's terms of use apply. These can be found at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

c)        Google-Pay:

Payment is also possible via Google Ireland Limited Gordon House, Barrow Street Dublin 4, Ireland, (hereinafter referred to as "Google-Pay"). To use Google-Pay in the payment process, you must be registered with Google-Pay. Furthermore, you must have activated the Google-Pay function, identify yourself with your access data and confirm the payment instruction. The terms of use that apply to your contractual relationship with Google-Pay can be viewed at https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de.

 

d)       Shop-Pay:

Payment is also possible with the payment method of Shopify International Ltd., Haddington Road, Dublin 4, Ireland, (hereinafter referred to as "Shop-Pay"). Shop-Pay enables faster checkout by storing your credit card, as well as your shipping and billing information. For this, you must be registered with Shop-Pay. The general terms and conditions of Shop-Pay apply, which you can find at https://shop.app/terms-of-service?utm_medium=shop_web.

 

e)       Credit card:

You can also pay by credit card (VISA, MasterCard, American Express, etc.). If you choose this payment option, you enter your credit card details when placing the order. After your legitimation as the legal cardholder, the payment transaction is carried out automatically and your credit card is charged.

 

(4)     There is no minimum order value.

 

(5)     If we fulfill your order by partial deliveries in accordance with Section 5 (5), you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

 

(6)     If you effectively revoke your contractual declaration in accordance with § 8, you may demand reimbursement of costs already paid for shipping to you (outbound shipping costs) under the statutory conditions (cf. § 8 (5) for other consequences of revocation).

 

(7)     You are not entitled to set off against our claims unless your counterclaims are legally established or undisputed. You are also entitled to set off against our claims if you assert notices of defects or counterclaims from the same purchase contract.

 

(8)     As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

 

 

§ 5                  

Delivery Conditions

 

(1)     Unless otherwise agreed with you, the goods will be delivered by shipping to the delivery address you provided.

 

(2)     The delivery time is specified separately for each item or in the product description on the item page. Any delay will be communicated to you immediately upon gaining knowledge.

 

(3)     We deliver exclusively to countries within the European Union. Deliveries to other countries are only possible upon request and separate agreement. You can view the shipping costs for individual countries in our shop or directly when ordering your goods.

 

(4)     We are entitled to make partial deliveries, provided this is reasonable for you.

 

 

§ 6                  

Retention of title

 

The delivered goods remain our property until full payment.

 

§ 7                  

Transport damage

 

(1)     If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.

 

(2)     Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

 

 

§ 8                  

Right of withdrawal

 

(1)     Consumers are entitled to a right of withdrawal in accordance with the statutory provisions.

 

(2)     According to § 312g Paragraph (2) No. 1 BGB, the right of withdrawal does not apply to the delivery of goods that 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 (e.g. individual customisation, self-designed dirndls and jackets).

 

(3)     If you, as a consumer, make use of your right of withdrawal according to paragraph (1) above, you shall bear the regular costs of the return.

 

(4)     Otherwise, the regulations detailed in the following cancellation policy apply to the right of withdrawal.

 

(5)     Please avoid damage and contamination. Please return the goods to us in their original packaging if possible, with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging to avoid claims for damages due to damage resulting from inadequate packaging.

 

 

To exercise your right of withdrawal, you must inform us (Giacomelli Trachten, Inh. Nicoletta Giacomelli, Nördliche Hauptstraße 20, 83700 Rottach-Egern am Tegernsee, Germany, E-Mail: info@giacomelli-trachten.com, Tel. Nr. +49 8022 67 05 41) by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

 

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 fourteen 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 no event will you 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 or hand over the goods to us without undue delay and in any event not later than fourteen 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 fourteen days has expired. You bear the direct costs of returning the goods.

 

You only have to pay 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 nature, properties, and functionality.

 

 

 

 

§ 9                  

Warranty

 

(1)     We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2)     Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of paragraph (1) above. Details of the scope of such guarantees can be found in the warranty conditions that may accompany the items.

 

§ 10               

Copyrights

 

We hold copyrights to all images, films, and texts published in our shop. Any use of the images, films, and texts is not permitted without our express consent.

 

§ 11               

Liability

 

(1)     We are liable for damages, irrespective of their legal basis, only,

 

a)       insofar as we, our legal representatives, or vicarious agents are guilty of intent or gross negligence

b)       in case of culpable injury to life, body, or health

c)        in case of culpable breach of essential contractual obligations

d)       in case of defects that we fraudulently concealed or whose absence we guaranteed

e)       insofar as liability exists under the Product Liability Act for personal injury or property damage to privately used items.

 

We are not liable for further claims for damages.

 

(2)     An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the contractual partner regularly relies and may rely.

 

(3)     In the event of a culpable breach of essential contractual obligations, however, our liability is limited to the contract-typical, reasonably foreseeable damage. This does not apply if the claims for damages result from injury to life, body, or health.

 

 

§ 12              

Contract language

 

The language available for the conclusion of the contract is German.

 

 

§ 13               

Applicable law

 

This contract is subject exclusively to the law of the Federal Republic of Germany, subject to mandatory consumer protection regulations. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law is excluded.

 

§ 14               

Final provisions

 

Should individual provisions be or become ineffective, the remaining conditions shall not be affected thereby. The relevant statutory provisions shall apply instead of the ineffective provision.

 

As of: 24.02.2025