Conditions of Use

Heart and Soul e.K.

Conditions of Use
- status: 12 November 2010 -

I. Scope
These Conditions of Use apply to all business relationships between the company Heart and Soul e.K. (hereinafter “Supplier”) and the purchaser (hereinafter “Customer”), provided that the Customer is an end consumer within the meaning of Section 13 BGB (Bürgerliches Gesetzbuch – German Civil Code), i.e. not a reseller.

II. Conclusion of Contract
1. That which the Supplier offers on the internet is not binding and does not represent an offer within the legal meaning. The Customer can select products from the Supplier’s range of products by clicking the button “In Cart” and collect them in a digital “Shopping Cart”. The Customer can view the products already added to the shopping cart by clicking the button “Shopping Cart”; the goods already added to the shopping basket can be removed again, if so required, by clicking the buttons “Remove” followed by “Update” until the final order is placed. Via the button “Checkout” the Customer is referred to another page where he/she has to enter his/her registry data (e-mail address, and password) if he/she is already registered. Should the Customer not be registered yet, he/she has to click the button “Continue” and is referred to an entry form where he/she has to enter his/her data required to process the order (name, delivery address, etc.). On the following pages, the Customer then provides further information regarding the delivery and the mode of payment and he/she is able to add individual remarks, if necessary. By again clicking the button “Continue”, the Customer is referred to a final overview of his/her order; and is able to change all order data via the provided fields there. By clicking the button “Confirm Order”, the Customer then places his/her binding order to purchase the goods included in the shopping basket. This offer to purchase may, however, only be placed and submitted if the Customer agrees to these Conditions of Use by clicking the respective button, thereby including them in his/her order. In doing so, the Customer is able to view, save and/or print these Conditions of Use at any time on the Supplier’s website by clicking on the link “Conditions of Use”.
2. The Supplier will confirm the Customer’s order and the details of the order by e-mail. This confirmation does not mean that the order has been accepted, but simply confirms that the Customer’s order has been received. A binding purchase agreement between the Supplier and the Customer will only be concluded when the Supplier has sent a second e-mail to the Customer in which the Supplier confirms the consignment (confirmation of consignment). The confirmation of consignment and the actual consigment will take place within the term indicated on the website in relation to the particular product. Within this term, the Custumer shall be bound by the order. The Customer’s statutory right to revocation (Section VII.) shall remain unaffected thereby.
3. The Customer shall assure that any information provided by him/her upon placing the order (e.g., name, address, e-mail, etc.) is truthful. The Supplier shall be informed of any changes to the data without delay.
3. The Customer shall be bound by the order for thirty days, unless otherwise agreed. The Customer’s statutory right to revocation (Section VII.) shall remain unaffected thereby.

III. Delivery and Consignment
1. The goods will be delivered by a parcel service or by post to the delivery address provided by the Customer. Specifications regarding delivery dates and times are unbinding and approximate.
2. Should it be impossible to make a delivery to the Customer for reasons within the Customer’s sphere of responsibility (e.g. the Customer’s absence on the day of delivery despite the Customer having been given reasonable notice of the delivery date), the costs of the failed delivery shall be borne by the Customer.
3. Should failure to deliver within the delivery period be the result of force majeure or other circumstances beyond the Supplier’s control, the delivery period will be extended by an amount of time reasonable under the circumstances.
4. The Supplier is entitled to make partial deliveries to a reasonable extent.
5. In the event of permanent unavailability of the ordered product, the Supplier shall be entitled to withdraw from the agreement. In this case the Supplier will inform the Customer as soon as possible about the lack of availability and will refund any payment already made in return.

IV. Prices
1. The price of the goods listed in the product overview is the final retail price and includes postage fees and the legally applicable VAT, as long as the delivery address is in Germany.
2. If the delivery address is outside Germany, the price listed in the product overview will only include VAT. The listed price will increase per doll delivered by a delivery flat rate of €6,-- each and per extra outfit delivered by a delivery flat rate of €4,-- each (for deliveries to Switzerland or within the European Union), or €35,-- (for deliveries outside Switzerland and the European Union), plus any customs duty payable.
V. Payment
1. The goods are to be paid for in advance. The Customer can pay the purchase price by bank transfer, credit card or PayPal.
2. Should the customer be in arrears with payment, payments received will first be credited against costs and expenses, then against interest, then against any compensation claims, and finally against the principal claim.
3. Should any amount still be unpaid on earlier invoices, the Supplier shall be entitled to charge default interest at a rate of 5% above the European Central Bank base rate per annum.

VI. Retention of title
The delivered goods shall remain the property of the Supplier until they have been paid for in full.

VII. Instruction of Revocation
1. The Customer may revoke the purchase declaration within two weeks without stating a reason, and can do so in writing (e.g. in a letter or e-mail) or – if he/she received the goods before expiry of the time limit – by sending back the goods. The revocation period begins with the receipt of this instruction in writing, but not before receipt of the goods and not before the satisfaction of the Supplier’s duty to supply the statutory information. The revocation deadline will be deemed to have been observed if the revocation declaration or the goods are sent off within the revocation period.

2. Goods for return or declarations of revocation are to be sent to:
Heart and Soul e.K.
Sonja Hartmann
Hackländerweg 33 a
14089 Berlin
Revocations by e-mail should be sent to:
mail@sonja-hartmann.de

3. In cases of effective revocation, goods, services and payments received by both sides must be returned and, where applicable, benefits derived must be surrendered (e.g. interest). If the Customer cannot return to the Supplier the goods and services received, or can only return them in part or in a worse condition than the original condition, the Customer must, where applicable and to the applicable extent, compensate the Supplier for the value of the goods and services. In the case of returned goods, this does not apply if the deterioration in condition is exclusively down to the inspection of the goods in a manner comparable to the inspection the Customer would have been able to carry out had the goods been purchased in a retail shop. For the rest, the Customer can avoid the obligation to compensation of value for a deterioration through intended use by not using the goods as if they were his/her own property and by refraining from doing anything which could affect their value. Goods that can be parcelled up and posted must be sent back at the Supplier’s risk. Goods that cannot be parcelled up and posted will be collected at the Customer’s place. The customer shall bear the costs of returning the goods if they correspond to the goods ordered and the price of the goods to be returned does not exceed € 40 or, where the price is higher, the Customer has at the date of the revocation not yet rendered consideration or given a part payment. Otherwise, the return of the goods is free of charge for the Customer. Obligations to refund payments must be fulfilled within 30 days of sending the declaration of revocation. For the customer, the deadline begins with dispatch of the revocation declaration or the goods, for the supplier, it begins with receipt of the declaration or the goods.
End of the instruction of revocation

VIII. Cost-Bearing-Agreement in case of Revocation
The customer shall bear the costs of returning the goods in case of revocation if they correspond to the goods ordered and the price of the goods to be returned does not exceed € 40 or, where the price is higher, the Customer has at the date of the revocation not yet rendered consideration or given a part payment. Otherwise, the return of the goods is free of charge for the Customer.

IX. Warranty for Defects and Liability
1. Should the delivered goods be defective, the purchaser shall be entitled to his/her statutory rights. However, the special conditions of the following paragraphs shall apply to the purchaser’s claims for compensation.
2. The Supplier shall be liable to the extent it acted intentionally or grossly negligent. The Supplier shall only be liable for slight negligence if it breached an obligation the fulfillment of which is required in order to properly execute the agreement and the compliance of which the Customer may regularly rely on (a so-called material contractual obligation). For the rest, liability for damages for any kind of damage, irrespective of the basis for the claim, including the liability for faults upon conclusion of the agreement, shall be excluded.
3. To the extent the Supplier shall be liable for slight negligence pursuant to para. 2., such liability shall be restricted to the damage typically foreseeable when taking the circumstances known upon conclusion of the agreement into consideration.
4. The aforementioned restrictions of liability shall not apply to the Supplier’s liability for intentional or gross negligent conduct, if the Supplier guaranteed certain quality characteristics of the goods, for any damage to life, body or health, or for any claims pursuant to the German Product Liability Act (Produkthaftungsgesetz).
5. The aforementioned exclusions and restrictions of liability shall also apply to the Supplier’s staff members, vicarious agents and to other third parties the Supplier resorts to in order to perform the agreement.

X. Links Disclaimer
On its internet sites www.dolltraditions.com and www.with-heart-and-soul.de, the Supplier displays links to other internet sites. The Supplier has no influence whatsoever on the content and design of such linked websites and accordingly assumes no liability therefor.

XI. Information on Data Processing
1. Information which the Supplier receives from the Customer shall be used by the Supplier to communicate with the Customer, to process orders, deliver goods, provide services and process payments.
2. The Supplier will observe all relevant data protection laws applicable to the Customer.

XII. Customer Reviews
The Supplier reserves the right not to display customer reviews or only to display them for a limited time, to shorten them and to amend them, and to shorten or omit the reviewer’s name. The content of customer reviews exclusively reflects the opinions of customers.

XIII. Applicable Law and Final Provisions
1. All contracts shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods (CISG).
2. Should any provision of the sales contract or of these Conditions of Use be ineffective, the remaining parts of the contract will not be affected.
3. The place of performance for all claims shall be the Supplier’s place of business.

Heart and Soul e.K.
Hackländerweg 33 a
14089 Berlin
Commercial Register of the Local Court Berlin Charlottenburg – HRA 31978
EU-UST-ID: DE 215 164 185
Owner: Sonja Hartmann
Tel.: +49-30-3680 2193
Fax: +49-30-365 5816
E-mail: mail@sonja-hartmann.de
Internet: www.dolltraditions.com and www.with-heart-and-soul.de