§ 1 Scope and business purpose
Lovely Apple GmbH (hereinafter “Lovely Apple” or “Provider”) offers various designer items (including fashion, handbags, art and accessories) for sale.
These general terms and conditions apply to all of our deliveries and services (hereinafter: “deliveries”) to our customers. They apply exclusively; We do not recognize any customer conditions that conflict with or deviate from our general terms and conditions or legal provisions unless we have expressly agreed to their validity in writing.
§ 2 Terms of Use
We are not obliged to accept the registration or order of a registered customer. We are also not obliged to keep our offer permanently available. Orders that have already been confirmed remain unaffected by this. We do not offer registration for minors or other persons with limited legal capacity or incapacity. Furthermore, registration is only possible for natural persons. You are obligated to immediately display all changes to information requested during registration the next time you use the respective domain. If incomplete or untruthful information is provided during registration or if you fail to display changes, we can inform you immediately Exclude effect from the use of our domains. You are obliged to treat your personal access data confidentially and not to make them accessible to unauthorized third parties. Before every order we carry out a credit check to protect our interests. (Registration not activated at the moment)
§ 3 Conclusion of the contract
The presentation of the goods on our domains does not constitute a binding offer from the provider to conclude a contract. Our offers are subject to change and non-binding. A contract is concluded through your order and our acceptance. A binding order for the goods contained in the shopping cart is made by electronically submitting the completed online order form in the online shop. You submit the online order form after entering your personal data and the shipping and payment method by clicking the “BUY NOW” button.
We confirm receipt of the order by sending a confirmation email. This order confirmation does not constitute acceptance of the contract offer by us. It merely serves to inform the customer that we have received the order. The declaration of acceptance of the contractual offer is made through an express declaration of acceptance, but at the latest upon delivery of the ordered goods. When accepting the contract, the consumer receives the entire text of the contract including the legally required information about the contract. You are bound to your order for two weeks – regardless of the right of withdrawal that applies to orders as a consumer. We are under no obligation to accept online orders. The decision on this lies at our sole discretion. In principle, items are only distributed in normal household quantities.
.§ 4 Instructions on the right of withdrawal
Right of withdrawal
You have the right to cancel this contract within seven days without giving any reasons.
The cancellation period is seven days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.
In order to exercise your right of withdrawal, you must contact us
Lovely Apple GmbH Theaterstrasse 20 4051 Basel
Email: info@lovelyapple.ch
Phone: +41 76 463 08 56
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
To meet the cancellation deadline, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from you choosing a type of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; Under no circumstances will you be charged any fees due to this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than seven days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
We bear the costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
Send the cancellation form at
Lovely Apple GmbH Theaterstrasse 20 4051 Basel
Email: info@lovelyapple.ch
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) • Ordered on (*)/received on ( *). • Name of the consumer(s). • Address of the consumer(s). • Signature of the consumer(s) (only for paper notification). • Date
(*) Delete what is not applicable.
§ 5 Information about the online ordering process
The language available for concluding the contract is German. We do not save the contract text when ordering online. You can save this, for example, using the print function of your browser, by taking a screenshot or converting the contract text into a PDF format. The registration and order data (items, quantities, prices, payment method, billing & delivery address, order time) are stored in your personal customer account (“My Account”). You can use your login data to access your customer account at any time and therefore be able to print out orders with all the data entered. Regarding the handling of all customer data, please refer to the separate data protection guidelines.
§ 6 Voluntary right of return
In addition to the statutory right of withdrawal, we grant you a voluntary right of return of a total of 14 days from receipt of the goods. With this right of return, you can also withdraw from the contract after the 14-day cancellation period has expired (see cancellation policy above) by sending the goods back to the address given in Section 4 below within 14 days of receipt. Timely dispatch is sufficient to meet the deadline. However, the prerequisite for exercising the voluntary right of return is that you have only tried the goods for viewing or trying them on as in a store and that you return the goods complete, in their original condition, undamaged, without damage and in the original sales packaging.
If returning, please use the return packaging provided by Lovely Apple. The shipping receipt must be retained. Please note that returns to us cannot be sent via Packstations for security reasons.
A flat rate of 20.00 euros will be charged for the loss. The customer has the opportunity to prove that no damage or significantly lower damage occurred. If you exercise your voluntary right of return, the refund will be made to the account or credit card you used for payment. Your statutory right of withdrawal (see § 4) is not affected by compliance with our regulation on the supplementary, voluntarily granted contractual right of return and remains in effect regardless of this. Until the deadline for the statutory right of withdrawal expires, only the legal conditions listed there apply. The voluntarily granted contractual right of return does not limit your statutory warranty rights.
§ 7 Implementation of the delivery; delivery times; Assumption of risk
The goods are delivered by Lovely Apple or by a shipping partner commissioned by us. The delivery period is a maximum of 4-6 weeks from receipt of the contract confirmation. If we have purchased the goods from a supplier (concluded from a congruent hedging transaction) and we are let down by our supplier, we can withdraw from the contract provided we are not responsible for any resulting impediment to performance.
Irrespective of other legal requirements, you can only withdraw from the contract due to a delay in delivery if we are responsible for this delay. In the event of force majeure and other unforeseeable, extraordinary and no-fault events – for example, material procurement difficulties and operational disruptions of more than just temporary duration, strikes, lockouts, lack of means of transport, official intervention, energy supply difficulties, etc., even if these occur with upstream suppliers – the term is extended. If this prevents us from fulfilling our obligation in a timely manner, the delivery time will be reasonable. If the circumstances mentioned make delivery impossible or unreasonable, we can withdraw from the contract. You have the same right if you cannot reasonably be expected to stick to the contract. However, we will only rely on the circumstances mentioned if we have been notified immediately.
We are entitled to make partial deliveries to the extent that this is reasonable for you. We can invoice such partial deliveries separately; The shipping costs for all partial deliveries may not exceed the agreed shipping costs. Your right to withdraw from the entire contract in the event of remaining deliveries not being made on time in breach of duty or culpably if you are not interested in partial services that have already been provided remains unaffected.
The risk of accidental loss and accidental deterioration of the goods passes to you when the goods are handed over. It is the same as handover if you are in default of acceptance. If you are in default of acceptance, we are entitled to demand compensation for the damage caused, provided that you are responsible for the delay in acceptance. If you are entitled to compensation in addition to the service due to delay, the damage to be compensated is limited to an amount of 0.5% of the agreed net price of the deliveries affected by the delay for each full week of the delay in delivery, but in total to an amount of 5% of this net price. These restrictions do not apply if the delay is due to intent or gross negligence.
§ 8 Retention of title
The goods remain the property of the claim holder until the purchase price has been paid in full. Subject to payment of the full purchase price, ownership of the goods is automatically transferred to the customer. Until then, he has an expectant right to transfer ownership.
Before ownership is transferred, pledging, transfer by security, remodeling or other disposition that endangers the reserved property is not permitted without the consent of the owner. If an item is seized or confiscated, the customer must immediately report this in writing. Furthermore, the customer is obliged to inform the third party that the items in question are the property of fashionette or the claim holder.
§ 9 Redeeming promotional vouchers
We issue promotional vouchers voluntarily as part of advertising campaigns and cannot be purchased. Multiple promotional vouchers cannot be combined with each other. Promotional vouchers are only valid under the conditions listed on the respective voucher (voucher value, scope of promotion, period of validity, transferability, etc.). Individual brands may be excluded from the voucher campaign. In order to redeem the promotional voucher, the value of the goods must be at least equal to the value of the promotional voucher. Promotional vouchers can only be redeemed before the ordering process is completed. Subsequent offsetting, crediting, cash payment, remaining payment or interest is not possible. If the balance of the promotional voucher is not sufficient for the order, the difference can be made up using the payment options we offer (see § 11).
If the ordered goods are returned in whole or in part, the voucher value will not be refunded unless compensation has been provided.
Lovely Apple reserves the right to exclude individuals from promotional vouchers.
§ 10 Prices and shipping costs
The prices listed in the offer at the time of ordering apply. Unless otherwise stated in the price agreement, our prices apply “ex works”, excluding shipping costs. Shipping costs are shown separately. Shipping to the countries offered is free of charge. Free returns can only be made with the return slip enclosed in the package. Our prices include the sales tax applicable at the time of invoicing. The shipping costs are due together with the purchase price.
§ 11 Payment methods and conditions
Basically, we offer you the option of an immediate purchase. The payment methods available are credit card, instant transfer, PayPal, direct debit and payment by invoice. Credit card payments are processed via our payment service Stripe .
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Depending on the payment method you choose, you authorize Lovely Apple or our partner to collect the invoice amounts due from your stored bank account or grant the right to debit the amounts due from your stored credit card. If the purchase price is paid via direct debit or credit card payment, the granting of direct debit authorization or the right to debit is a prerequisite for the purchase.
You are only entitled to offsetting and retention rights if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you also have a right of retention if your counterclaim is based on the same contractual relationship and is in an appropriate relationship to our claim.
Additional Terms and Conditions
In order to be able to offer you attractive payment methods, we work with Stripe. If an effective purchase contract is concluded between you and us when you use one, we will accept our payment claim.
§ 12 Data exchange with credit agencies
In order to protect against bad debts and the risk of improper use of the services by third parties, Lovely Apple is entitled to transmit personal contractual data as well as information about non-contractual processing (e.g. termination due to late payment) and to provide corresponding information on payment behavior and creditworthiness information on the basis of mathematical and statistical data Procedure can also be obtained using address data. If such data or customer relationships arise during the customer relationship, Lovely Apple will receive information about this. The respective data transfer only takes place to the extent that this is necessary to protect the legitimate interests of Lovely Apple, a contractual partner, and the customer’s interests worthy of protection are not impaired.
§ 13 Late payment
In the event of late payment, we are entitled to default interest at the statutory rate; We reserve the right to assert further damages caused by the delay, in particular costs for administration and bank fees as well as legal costs. If partial payments have been agreed, the entire remaining debt becomes due if the customer defaults in whole or in part on at least two consecutive installments. In order to protect our legitimate interests in settling outstanding claims, we transmit personal data to debt collection companies in individual cases.
§ 14 Defects
The statutory warranty law applies, subject to different regulations under Sections 13 and 14 of these General Terms and Conditions. If the goods have a defect at the time of transfer of risk, we will provide supplementary performance at our discretion through repair or subsequent delivery. The place of fulfillment for subsequent fulfillment is Lovely Apple’s registered office. Lovely Apple is not obliged to reimburse transport costs incurred as expenses for the purpose of subsequent performance if the expenses increase because the goods were subsequently moved to a location other than the receiving location. If the supplementary performance fails, you have the right, at your discretion, to a reduction in price or to withdraw from the contract, subject to the legal requirements. The following § 14 applies to claims for damages due to defects. Further claims by the customer are excluded.
Repairs or replacements are generally carried out by Lovely Apple as a gesture of goodwill and without recognizing any legal obligation. An acknowledgment with the consequence of a new start of the limitation period only exists if Lovely Apple expressly declares this to the customer. With the exception of an expressly declared acknowledgment, no new limitation period begins with repair or replacement delivery. This does not entail a waiver of the statutory defect rights. With any agreements on the quality of the goods, Lovely Apple assumes no guarantee or any other risk of quality within the meaning of the law. Claims for defects do not exist due to damage that occurs after the transfer of risk as a result of improper or negligent handling, excessive or unsuitable use or natural wear and tear of the goods, unless these were caused by Lovely Apple. If your request for supplementary performance turns out to be unfounded after checking the goods, Lovely Apple can, without prejudice to other rights, charge any costs for shipping the goods to fashionette and returning them to you as well as costs for checking the goods if you have been recognized or negligently not recognized that your request for supplementary performance is unfounded.
§ 15 Liability
We are not liable for damages or reimbursement of expenses, regardless of the legal basis, in particular not for damages due to defects, other breaches of duty or tort. Excluded from this are damages resulting from injury to life, body or health for which we are responsible, and other damages that are based on an intentional or grossly negligent breach of duty by us or on a guarantee declared by us. Damages for which we are liable under the Product Liability Act or which are due to a culpable violation of essential contractual obligations are also excluded. Essential contractual obligations are in particular those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly trusts and can rely. However, our liability for breach of essential contractual obligations is limited to the foreseeable, typically occurring damage, unless we are liable due to intent or gross negligence, injury to life, body or health or under the Product Liability Act.
Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. Lovely Apple is therefore not liable for the constant and uninterrupted availability of the online shop, nor for technical and electronic errors during an ordering process, over which Lovely Apple has no influence. To the extent that links are created to other websites or sources, Lovely Apple is not responsible or liable for the availability of such external sites or sources. Lovely Apple does not adopt any content accessible on such websites or sources and excludes any liability or warranty in relation to it, unless there is positive knowledge of the illegality of the content in individual cases.
The breach of duty by our legal representatives or our vicarious agents is equivalent to a breach of duty by us. To the extent that our liability is excluded or limited according to § 14.1 and § 14.2, this also applies to the personal liability of our legal representatives and vicarious agents. A change in the burden of proof is not associated with the above regulations.
§ 16 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. We are prepared to take part in an out-of-court arbitration procedure before a consumer arbitration board.
§ 17 Final provisions
The contract is subject to Swiss law, excluding the United Nations Convention on the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods/CISG). When dealing with end consumers, the law of the end user’s place of residence is also applicable, provided that mandatory consumer law provisions are involved. If the customer moves his place of residence or usual place of residence abroad after conclusion of the contract or his place of residence or usual place of residence is not known at the time our claims are asserted in court, our place of business is the place of jurisdiction.
Unless the contract states otherwise, our place of business is the place of performance. If individual provisions are or become invalid, this will not affect the effectiveness of the remaining provisions. November 20, 2021
