Terms and Conditions

A. General Terms and Conditions of Business (B2C)
1. AREA OF APPLICATION
(1) These Terms and Conditions of Business of ETERNA mode GmbH (hereinafter referred to as ETERNA) apply to all contracts entered into by a consumer (hereinafter referred to as ustomer) with ETERNA pertaining to goods displayed in its online shop.
(2) ETERNA´S Terms and Conditions of Business apply exclusively. The Customer´s deviating, contradictory or supplementary General Terms and Conditions of Business only become part of the contract if ETERNA has expressly consented to their validity. This requirement for consent applies in every case, also and in particular if ETERNA, being aware of the Customer´s General Terms and Conditions of Business, makes deliveries to the Customer without reservation.
(3) Consumer is any natural person who concludes a legal transaction for purposes that predominantly can neither be attributed to his/her commercial activity nor to his/her self-employed activity (Article 13 BGB German Civil Code). Entrepreneur is a natural person or a legal entity or a business partnership having a legal capacity, which acts in the course of its commercial or self-employed activity in concluding the legal transaction (Article 14 BGB).
2. CONCLUSION OF CONTRACT
The product descriptions contained in the ETERNA online shop do not represent an offer in a legal sense on the part of ETERNA, but merely a request to the Customer to place a binding order.
(2) The Customer can select from the range of ETERNA products and collect them in a virtual shopping basket by clicking the In the basket button. By clicking the BUY NOW button, the Customer places a binding order for the goods contained in the shopping basket. Before sending the order, the Customer can modify and view the data at any time, enabling him to recognise and correct any errors in his entries before placing the order. The order can only be placed and transmitted, however, if the Customer accepts these General Terms and Conditions of Business and adopts them into his order by clicking the button labelled I accept the General Terms and Conditions of Business and Data Protection Regulations.
(3) ETERNA shall confirm receipt of the order immediately by email. This confirmation of receipt of the order still does not represent a binding acceptance of the order and contains the contract text, these General Terms and Conditions of Business, the revocation instructions and the sample revocation form, plus the customer information.
(4) The purchase contract comes into force only through the transmission of a confirmation of order by ETERNA at least in text form (e.g. email). The Customer must ensure that the email address specified by him for the order completion is correct, so that he can receive emails sent by ETERNA to this address. In particular, the Customer must ensure if he uses spam filters that all emails sent by ETERNA or by third parties assigned by ETERNA to complete the order can be delivered.

3. GOODS AVAILABILITY
(1) If the product selected by the Customer is not available at the time of ordering, ETERNA shall inform the Customer of this fact immediately in the confirmation of order. If the product is permanently unavailable, ETERNA shall refrain from declaring acceptance. A contract does not come into force in this case.
(2) If the product designated by the Customer in the order is only temporarily unavailable, then ETERNA shall likewise inform the Customer of this fact immediately in the confirmation of order. In the case of a delivery delay exceeding two weeks, the Customer has the right to withdraw from the contract. ETERNA is also entitled in this case to release itself from the contract. ETERNA shall hereby immediately refund any payments already made by the Customer.

4. PRICES, SHIPPING COSTS AND DELIVERY
(1) Prices, delivery costs and shipping costs, other costs
The prices stated by ETERNA are total prices and include VAT at the legally stipulated rate. Any additional delivery and shipping costs shall be indicated separately. ETERNA draws your attention to the fact that, in the case of international deliveries, further costs may be incurred for which ETERNA is not responsible and which must be borne by the Customer. These include, for example, bank charges for the transfer of funds (e.g. bank transfer charges, exchange rate fees) or import duties.

(2) Delivery
ETERNA ships to the following countries: Germany, Austria, Switzerland, Belgium, Ireland, Luxembourg, the Netherlands and the United Kingdom.

(a) Deliveries within Germany
(aa) Deliveries are free from shipping costs. However, ETERNA charges a lump sum per order of EUR 0.95 for packaging and insurance. If the Customer selects cash on delivery as the means of payment, the fees for this shall be borne by the Customer.
(bb) The delivery time is about 2-3 working days, starting in the case of the means of payment ‘payment on invoice’ and ‘cash on delivery’ with the receipt by the Customer of the confirmation of order. In the case of other means of payment, the delivery time starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(b) Deliveries to Austria
(aa) We offer free standard delivery to Austria on all orders.
(bb) The delivery time is about 4-5 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(c) Deliveries to Switzerland
(aa) Shipping costs amounting to CHF 4.90 per order shall be charged for deliveries to Switzerland, irrespective of the order value.
(bb) The delivery time is about 8-10 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(d) Deliveries to Belgium
(aa) We offer free standard delivery to Belgium on all orders.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(e) Deliveries to Ireland
(aa) We offer free standard delivery to Ireland on all orders.
(bb) The delivery time is about 6-7 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(f) Deliveries to Luxembourg
(aa) We offer free standard delivery to Luxembourg on all orders.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(g) Deliveries to the Netherlands
(aa) We offer free standard delivery to the Nederlands on all orders.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(h) Deliveries to the United Kingdom
(aa) We offer free standard delivery to the UK on all orders.
(bb) The delivery time is about 6-7 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(i) Deliveries to France
(aa) We offer free standard delivery to France on all orders.
(bb) The delivery time is about 5-6 working days and starts only after receipt of the money by ETERNA.
(cc) If an item should, by way of an exception, be out of stock of not deliverable within the aforementioned delivery time, then the delivery time shall be extended accordingly. In such a case this will be specially indicated on the respective product page.
 
(j) Deliveries of individual custom-made articles (ETERNA shirt configurator)
(aa) The shipping costs for deliveries of individual custom-made articles manufactured with the ETERNA shirt configurator depend on the destination of the shipment. To that extent you are referred to the regulations in 4. (2) (a) - (h) of these General Terms and Conditions of Business.
(bb) A delivery time of 4 to 6 weeks applies to individual custom-made articles manufactured with the ETERNA shirt configurator. This period starts in the case of the means of payment ‘payment on invoice’ and ‘cash on delivery’ on receipt of the confirmation of order by the customer; for other means of payment it starts only after receipt of the money by ETERNA.
5. Terms of payment
(1) Methods of payment
Payment can be made in accordance with the following conditions by credit card (VISA, Mastercard or American Express), by cash on delivery, by pre-payment, on invoice or through the payment services PayPal and Amazon Payments.

(2) Payment by credit card and by pre-payment
When ordering with a credit card, the Customer must also be the holder of the credit card. When making payment by credit card, the account and credit card data are transmitted via a 128-bit encrypted SSL connection. The data is passed on to the financial institution for the debiting of the amount due. In case of payment by credit card the goods are dispatched after successful debiting of the credit card and in the case of pre-payment after full receipt of the payment.

(3) Payment on invoice only within Germany
(a) The delivery address, the house address and the invoice address must be identical and must be located within Germany. The invoice amount becomes due for payment on receipt of the invoice.
(b) In case of payment on invoice, ETERNA checks and evaluates the data supplied by the Customer and, if there is a justified reason, exchanges data with credit reference agencies and if necessary with Creditreform Rosenheim Karl KG, Oberaustrasse 14, 83026 Rosenheim as well as CEG Consumer Reporting GmbH, Hellersbergstr. 11, 41460 Neuss.

(4) Payment by cash on delivery only within Germany
Payment by cash on delivery is possible only within Germany. Fees for cash on delivery shall be borne by the Customer.

(5) PayPal
(a) PayPal is an online payment service, with which the Customer can pay securely, simply and quickly. The PayPal account is free of charge for the Customer.
(b) The Customer´s bank account or credit card data are held only by PayPal. Therefore they are not sent over the Internet again with each online purchase that makes PayPal payments particularly secure. In addition, the Customer pays very simply with just two clicks, because the Customer makes use of his bank account or credit card data held by PayPal instead of entering them again every time he makes a purchase. Since PayPal payments are received quickly, ETERNA can dispatch the goods without delay. Further information about PayPal can be found at http://www.paypal.com.

(6) Amazon Payments only within Germany and Austria
Amazon Payments enables the Customer to use the payment data held by Amazon in the ETERNA online shop (i.e. not directly with Amazon) in order to make payments. The Customer can thus shop securely in the ETERNA online shop with an Amazon Payments account without having to reveal his payment data. The Customer does not incur any additional costs when ordering through Amazon Payments. Ordering through Amazon Payments is very simple. If the Customer already has an Amazon.de customer account, then Amazon has already automatically created an Amazon Payments account for the Customer. This is activated the first time the Customer uses Amazon Payments for an order. This account is linked to the Customer’s Amazon.de customer account and he can pay immediately using the payment method stored there – either by direct debit or credit card. If the Customer places an order up in the ETERNA online shop, he is transferred during the ordering process to the Amazon website. The Customer can log in and complete the order there.

6. RETENTION OF TITLE
The goods remain the property of ETERNA until full payment has been made.

7. WARRANTY FOR DEFECTS
The legal warranty laws apply to all ETERNA goods.

8. APPLICABLE LAW
The laws of the Federal Republic of Germany exclusively apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that the guaranteed protection is not withdrawn by compulsory regulations contained in the laws of the state in which the consumer´s normal place of abode is located.

B. RIGHT OF REVOCATION OF THE CONSUMER

1. RIGHT OF REVOCATION

REVOCATION INFORMATION

RIGHT OF REVOCATION

You have the right to revoke this contract within fourteen days without giving a reason.

The revocation period is fourteen days, starting from the day on which you or a third party designated by you, who is not the freight forwarder, took possession of the last goods.

In order to exercise your right of revocation, you must inform us
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Telefon: (+49) 0800 02 11 68 2
Fax: (+49) 0851 9816 465
E-Mail: [email protected]
of your decision to revoke this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or email). You can use the attached sample revocation form, but this is not compulsory.

For adherence to the revocation period it is sufficient to send the notice declaring the exercising of your right of revocation before the expiry of the revocation period.

CONSEQUENCES OF THE REVOCATION
If you revoke this contract, we must refund to you all payments that we have received from you, including the delivery costs (with the exception of the additional costs incurred because you selected a method of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received your notice of revocation of this contract. For this refund we shall use the same method of payment that you used for the original transaction, unless something different was expressly agreed with you; in no case will fees be charged to you for this refund. We can refuse the refund until we have received the goods again or until you have furnished proof of returning the goods, whichever occurs first.

You must send back or hand over the goods to us without delay and in any case at the latest within fourteen days after informing us of the revocation of this contract. For adherence to this fourteen-day period it is sufficient to dispatch the goods before expiry of the period.
We bear the cost of the return of the goods.

You shall be responsible for any depreciation of the goods only if this depreciation is to due to handling them in a way that was not necessary in order to check the condition, characteristics and method of function of the goods.



A right of revocation does not exist, however, in the case of contracts for the delivery of goods which are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (Article 312g Section 2 No. 1 BGB German Civil Code).

To that extent the consumer has no right of revocation in the case of a delivery of these individually custom-made shirts (ETERNA shirt configurator).


2. SAMPLE REVOCATION FORM

SAMPLE REVOCATION FORM
(If you wish to revoke the contract, please complete and return this form.)



To
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Fax: (+49) 0851 9816 465
E-Mail: [email protected]


I/we (*) hereby revoke the contract entered into by me/us (*) for the purchase of the following goods (*)/for the rendering of the following services (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only if sending a notice on paper)

Date



------------------------

(*) delete where inapplicable.

C. CUSTOMER INFORMATION

1. INFORMATION ON THE IDENTITY OF THE VENDOR
ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Chief Executive Officer: Henning Gerbaulet

Telefon: (+49) 0800 02 11 68 2
Fax: (+49) 0851 9816 465
E-Mail: [email protected]

Register of Companies: Passau Court of Registration
Register number: HRB 6989
VAT Reg. No.: DE 811163157


2. INFORMATION ON THE ESSENTIAL FEATURES OF THE GOODS OR THE SERVICES

The essential features of the goods or the services arise from the respective product description published by ETERNA.


3. INFORMATION ABOUT THE TECHNICAL MEANS TO RECOGNISE AND CORRECT ENTRY ERRORS

Before sending the order, the Customer can modify and view the data at any time, enabling him to recognise and correct any errors in his entries before placing the order. The correction is made by means of the usual keyboard and mouse functions.


4. INFORMATION ABOUT THE COMING INTO FORCE OF THE CONTRACT

The coming into force of the contract was described in the General Terms and Conditions of Business of ETERNA (see A. 2.)


5. INFORMATION ABOUT THE INDIVIDUAL STEPS LEADING TO CONCLUSION OF THE CONTRACT

The following technical steps must be executed so that the Customer can place his order in the online shop:
(1) Placement of the desired article into the virtual shopping basket (In the basket)
(2) Clicking the My basket button
(3) Logging on in the ETERNA online shop, provided a user account already exists, by means of entering a User name and Password or, if a user account does not yet exist, registration and opening of a customer account; there is also the possibility to order as a guest, i.e. without registration
(4) Entry of an invoice address and, if different, a delivery address
(5) Selection of the desired method of payment
(6) Summary of the order data
(7) Transmission of the order as a binding offer of the Customer by means of clicking the BUY NOW button.
(8) The acceptance of the Customer´s order by ETERNA take places in accordance with A. 2. (4) General Terms and Conditions of Business of ETERNA.

6. INFORMATION ON THE STORAGE OF THE CONTRACT TEXT

After the order is placed via the ETERNA online order form, the contract text is storage by ETERNA and sent to the Customer after the sending of his order (together with the General Terms and Conditions of Business of ETERNA, the revocation instruction, the sample revocation form and the customer information) in text form by email to the email address indicated by the Customer. In addition, the contract text is archived on the ETERNA homepage and can be retrieved free of charge by the Customer via his password-protected user account by entering the appropriate login data, provided the Customer has such a user account. Otherwise the contract text cannot be retrieved by the Customer via the ETERNA homepage after dispatching his order.

7. INFORMATION ABOUT THE LANGUAGES AVAILABLE FOR THE CONCLUSION OF THE CONTRACT

The following languages are available for the conclusion of the contract: German, English, French and Dutch.

8. INFORMATION ABOUT THE TOTAL PRICE OF THE GOODS OR SERVICES, SHIPPING COSTS AND OTHER COSTS

(1) The prices stated by ETERNA are total prices and include VAT at the legally stipulated rate. These can be taken from the respective product pages.

(2)  ETERNA draws your attention to the fact that, in the case of international deliveries, further costs may be incurred for which ETERNA is not responsible and which must be borne by the Customer. These include, for example, bank charges for the transfer of funds (e.g. bank transfer charges, exchange rate fees) or import duties.

(3) The applicable shipping costs are given in A.4. (2) of the General Terms and Conditions of Business of ETERNA. These are also displayed to the Customer once again after clicking the My Basket button as well as in the summary of the order data and accordingly before placement of his binding order.

9. INFORMATION ON THE COSTS OF THE MEANS OF TELECOMMUNICATION USED FOR THE CONCLUSION OF THE CONTRACT

Only the costs of the simple use of the means of telecommunication are incurred. No further costs are incurred.

10. INFORMATION ON PAYMENT AND DELIVERY

(1) Payment takes place in accordance with A. 5. of the General Terms and Conditions of Business of ETERNA.

(2) Delivery takes place by DHL in accordance with A. 4. (2) of the General Terms and Conditions of Business of ETERNA.

11. INFORMATION ABOUT THE HANDLING OF COMPLAINTS

Customer complaints are processed directly and can be addressed to ETERNA using the contact data mentioned.
 
Online Dispute Regulation Platform

the European Commission platform for online dispute resolution: https://www.ec.europa.eu/consumers/odr

 

As of January 7, 2016