Terms & 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 “Customer”) with ETERNA relating 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 (Chapter 1, Section 2(2)) Consumer Rights Act 2015 (“CRA”). 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.

 

2. CONCLUSION OF CONTRACT

(1) The Customer can select from the range of ETERNA products and collect them in a virtual shopping basket by clicking the ADD TO SHOPPING CART button. By clicking the BUY NOW button, the Customer places a binding order for the goods contained in the shopping basket. Before clicking the BUY NOW button, the Customer can modify and view the order data at any time, enabling him to recognise and correct any errors before placing the order. The order can only be placed and transmitted, however, if the Customer accepts these General Terms and Conditions of Business by clicking the button labelled I accept the General Terms and Conditions of Business and Data Protection Regulations.

(2) 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 cancellation instructions and the sample cancellation form, plus the customer information.

(3) The purchase contract comes into force only when ETERNA sends a confirmation of order 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

ETERNA makes sure that the indicated quantities correspond to the actual stock. However, in exceptional circumstances beyond our control (e.g. goods out of stock), deviations may occur. In these exceptional cases the following applies:

(1) If the product selected by the Customer is not available at the time of ordering, ETERNA shall inform the Customer of this fact in the confirmation of order. If the product is permanently unavailable, ETERNA shall not accept the order and a contract does not come into force in this case.

(2) If the product chosen by the Customer in the order is only temporarily unavailable, then ETERNA shall likewise inform the Customer of this in the confirmation of order. In the case of a delivery delay exceeding two weeks, the Customer will be able to cancel the order and cancel the contract. ETERNA is also entitled in this case to withdraw from the contract. ETERNA will 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, Denmark, Spain and the United Kingdom. The delivery times indicated below may be longer in case of unavailability of the products (see above 3. Goods Availability).

(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.
(bb) The delivery time is about 2-3 working days, starting in the case of the means of payment ‘payment on invoice’ 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. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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 Netherlands on all orders. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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 where the order value is greater than £30.00. ETERNA makes a one-off charge of £ 8.00 for packaging if the order value is below £ 30.00.
(bb) The delivery time is about 6-7 working days and starts only after receipt of payment by ETERNA.
(cc) Subject to regulation 3 above, if an item is out of stock and 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. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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 to Spain
(aa) We offer free standard delivery to Spain on all orders. However, ETERNA makes a one-off charge of EUR 8.00 for packaging if the order value is below EUR 30.00.
(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.

(k) Deliveries to Denmark
(aa) We offer free standard delivery to Denmark on all orders. However, ETERNA makes a one-off charge of 50.00 kr for packaging if the order value is below 990.00 kr.
(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.

(l) 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) - (k) 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 after receipt of the Customer’s payment 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), by pre-payment, on invoice or through the payment service PayPal.

(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) 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 https://www.paypal.com.

 

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 of the applicable law apply to all ETERNA goods.

 

8. APPLICABLE LAW

This contract will be governed exclusively by the laws of the Federal Republic of Germany. As a consumer, nothing in this clause prevents the Customer from relying upon applicable mandatory provisions of local law. For example, consumers in the UK benefit from the provisions of the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

 

 

B. RIGHT OF CANCELLATION OF THE CONSUMER

1. RIGHT OF CANCELLATION
CANCELLATION INFORMATION
RIGHT OF CANCELLATION

You have the right to cancel this contract within sixty days without giving a reason.

The cancellation period is sixty 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 cancellation, you must inform us of your decision to cancel this contract by means of an unambiguous declaration, e.g. a letter sent by post, fax or email to the address below. You can use the attached sample cancellation form, but this is not compulsory.

ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Telephone: (+49) 0800 02 11 68 2
Fax: (+49) 0851 9816 465
E-Mail: service@eterna.de

In order to cancel this contract, you must send the notice declaring the exercising of your right of cancellation before the expiry of the cancellation period.

CONSEQUENCES OF THE CANCELLATION

If you cancel this contract, we will 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 thirty days from the day on which we received your notice of cancellation 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 the goods to us without delay and in any case at the latest within sixty days after informing us of the cancellation of this contract. For adherence to this sixty-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 in the quality of the goods only if this depreciation is 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 cancellation 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 (Regulation 28(1)(b) Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)

Therefore, the Customer has no right of cancellation in the case of a delivery of individually custom-made shirts (ETERNA shirt configurator), except where faulty or misdescribed.

 

2. SAMPLE CANCELLATION FORM

If you wish to cancel the contract, please complete and return this form.

To

ETERNA Mode GmbH
Medienstrasse 12
94036 Passau
Fax: (+49) 0851 9816 465
E-Mail: service@eterna.de

I/we (*) hereby cancel 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


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(*) 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
Telephone: (+49) 0800 02 11 68 2
Fax: (+49) 0851 9816 465
E-Mail: service@eterna.de
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 are set out on the respective product description pages 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 cancellation instruction, the sample cancellation 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, Spanish, Danish.

 

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; our freephone service hotline can be called free of charge from a landline and from most mobiles. 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 post or courier service chosen by ETERNA (e.g. DHL) in accordance with A. 4. (2) of these 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 information mentioned above.

 

12. ONLINE DISPUTE REGULATION PLATFORM

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

As of February 6, 2020