Terms of service

General terms and conditions (GTC) of bags-by-sumageza.com


§ 1: General information and definitions

  1. All offers, sales contracts, deliveries and services based on orders from our customers (hereinafter referred to as "customers") via our online shop https://bags-by-sumageza.com/en (hereinafter referred to as the "online shop"), by email, by phone or by fax are subject to these general terms and conditions.
  2. The product range in our online shop is aimed equally at consumers and entrepreneurs. For the purposes of these general terms and conditions, (i) a consumer is any natural person who concludes the contract for a purpose that can neither be attributed to their commercial nor their independent professional activity (§13 of the German Civil Code - BGB) and (ii) an "entrepreneur" means a natural or legal person or a legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity (Section 14 (1) BGB).
  3. The customer's terms and conditions do not apply, even if we do not separately contradict their validity in individual cases.
  4. The contracts with the customer are concluded in English, French and German.


§ 2: Conclusion of the contract

  1. The presentation of our products in the online shop is not a legally binding offer, but a non-binding online catalog.
  2. By placing an order in the online shop, the customer makes a binding offer to purchase the product in question. We can accept the offer up to the end of the third working day following the day of the offer.
  3. Immediately after receipt of the offer, we will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer is only considered to have been accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance. Acceptance is subject to the availability of the ordered goods. The customer will be informed separately of possible errors in the information on the products offered on the website and a corresponding counter offer will be made.
  4. All offers are non-binding. If, after the conclusion of the contract, it is determined that the goods ordered are no longer available or are no longer available for any other reason, the customer will be informed immediately. Payments already received will be refunded to the customer immediately.
  5. Every customer who is a consumer is entitled to revoke the offer in accordance with the special cancellation and return instructions that are communicated to him in the context of the order on our website and to return the goods.
  6. In any case, we reserve the right to waive the conclusion of the contract without giving reasons. We will inform the customer of this immediately.
  7. We only sell our products in normal household quantities.
  8. We do not offer products for sale to minors. If you are under 18, you may only use our shop with the assistance of a parent or legal guardian.


§ 3: Prices and Payment

  1. We only send the goods against prepayment. The customer can pay the purchase price by credit card, PayPal and other Shopify payment methods, which are in the footer of the online shop https://bags-by-sumageza.com/en are shown, pay.
  2. The prices quoted are final prices including any statutory sales tax plus shipping costs for all countries that are not member states of the European Union (EU). Customs duties and similar charges are to be borne by the customer (for customs duties see § 4 below).
  3. The customer has no right of set-off or retention unless the counterclaim is undisputed or has been legally established. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 4: Customs - Taxes

If you order products from us for delivery outside the EU, they may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance are your responsibility; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information. Please also note that when you order from us, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries may be subject to opening and inspection by customs authorities.


§ 5: Statutory Right of withdrawal for consumers, exclusion and premature expiry, cancellation policy

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed:


RIGHT OF WITHDRAWAL

Statutory right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (BAGS-BY-SUMAGEZA - Soumaya Zairi, Untere Knollstraße 17, 49179 Ostercappeln, Germany, Telephone: +49 (0) 5473 957889, fax: +49 (0) 5473 8019853, mobile: +49 (0) 174 9327057, email: contact@bags-by-sumageza.com) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached Revocation form but not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

Consequences of the withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery 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 will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

Within the countries of the European Union (EU), we will reimburse you for the direct costs of returning the goods, but only if you use the same shipping method and the same transport company that we use to ship the goods to you and had commissioned.

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 to check the nature, properties and functionality of the goods.

END OF REVOCATION POLICY

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts

- for 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;

- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;

- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely in the case of contracts

- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;

- for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature;

- for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.


§ 6: Dispatch of the goods

  1. The deadlines and dates specified by us for the dispatch of the goods are always approximate and are only approximate information and approximate guide values. Therefore, they can be exceeded up to two working days. This does not apply if a fixed dispatch date has been agreed.
  2. All delivery periods specified or otherwise agreed by us in the order begin on the day of receipt of the full purchase price (including any sales tax and shipping costs as well as any other taxes / duties).
  3. The day on which we hand over the goods to the shipping company is decisive for compliance with the shipping date.
  4. If no delivery period is specified or otherwise agreed, a shipment within three weeks from the time relevant in accordance with paragraph 1 is deemed to have been agreed.
  5. If the goods cannot be delivered on time, we will notify the customer immediately. If the goods are not available in the foreseeable future, we are entitled to withdraw from the purchase contract. In the event of a withdrawal, we will immediately reimburse the customer for the payments made to us. The legal rights of the customer due to delay in delivery are not affected by the above regulation.


§ 7: Shipping, shipping costs, approximate delivery times and transfer of risk

  1. Unless expressly agreed otherwise, we will determine the appropriate shipping method and the transport company at our discretion.
  2. We only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. Any shipping time specified by us is therefore non-binding.
  3. If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods is transferred to the customer at the time the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk is transferred to the customer when the goods are delivered to the transport company.


The shipping costs and delivery times are:

    Within Germany:

    • For Standard shipping are independent of the order value no shipping costs calculated. The approximate delivery time for standard shipping here is approx. 1 - 3 working days.
    • On request, we offer the customer the option of express delivery, which is then chargeable.

    Within the EU (excluding Switzerland):

    • For Standard shipping are independent of the order value no shipping costs calculated. The approximate delivery time for standard shipping here is approx. - 5 working days.
    • On request, we offer the customer the option of express delivery, which is then chargeable.

    Worldwide (with Switzerland):

    • For Standard shipping is the Flat rate shipping costs EUR 45.00 regardless of the order value.  The approximate delivery time for standard shipping here is approx. 5 - 10 working days.
    • On request, we offer the customer the option of express delivery for a surcharge.


    § 8: retention of title

    1. We reserve the ownership of the goods delivered by us until full payment of the purchase price (including sales tax and shipping costs as well as any other taxes / duties) for the goods in question.
    2. Without our prior written consent, the customer is not entitled to resell the goods that we have delivered and are still subject to retention of title.


    § 9: Statutory Warranty Rights

    1. If the goods delivered have a material defect, the customer can first request us to remedy the defect or to deliver goods free of defects. However, if the customer is an entrepreneur, we can choose between remedying the defect or delivering a defect-free item, whereby this can only be done by notification in text form (also by fax or email) to the customer within three working days of receipt of notification of the defect . We can refuse the type of supplementary performance chosen by the buyer if this is only possible with disproportionate costs.
    2. If the supplementary performance according to § 9 (1) fails or is unreasonable for the customer or if we refuse supplementary performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, to reduce the purchase price or to demand compensation or reimbursement of his futile expenses. The special provisions of Clause 10 of these General Terms and Conditions also apply to customer claims for damages.
    3. If the customer is a consumer, the warranty period is two years from delivery, otherwise twelve months from delivery.
    4. The following applies only to entrepreneurs: The customer must carefully examine the goods immediately after they have been sent. The delivered goods are deemed to have been approved by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days after delivery or (ii) otherwise within five working days after discovery of the defect.


    § 10: Liability

    1. We are not liable (for whatever legal reason) for damage that is typically not to be expected with normal use of the goods. Our liability is also excluded for damage resulting from loss of data if replacement is not possible or made more difficult due to missing or inadequate data backup. The above limitations of liability do not apply in the event of willful intent or gross negligence.
    2. Furthermore, we are only liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you regularly trust. In this case, however, we are only liable for the foreseeable, contract-typical damage. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
    3. The restrictions of this § 10 do not apply to our liability for guaranteed characteristics within the meaning of § 444 BGB, due to injury to life, body or health or according to the product liability law.
    4. The above limitations of liability also apply in favor of the legal representatives and vicarious agents of Sumageza.


    § 11: Consent

    1. By using this website, you consent to the processing of the data collected about you by Google and the data processing described in our data protection declaration (express reference is made to its availability under "Data protection" in the lower menu bar of this website) as well as the data processing described Purpose agreed.
    2. You also consent to your IP address being saved when you set up a customer account and / or place an order in our shop.
    3. When you subscribe to our newsletter, you agree that we can use your email address for our own advertising purposes.
    4. The data collection and storage can be contradicted in the cases of § 11 at any time with effect for the future. We refer again to our data protection declaration (please see the information under "Data protection" in the lower menu bar of this website).


    § 12: Place of jurisdiction, applicable law

    1. The sales contract between us and the customer is subject to mandatory international private law provisions of the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention (CISG).
    2. If the customer is a merchant within the meaning of Section 1 (1) of the Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Osnabrück have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship . In all other cases, we or the customer can bring an action before any court competent based on statutory provisions.


    § 13: Severability clause and changes to the GTC

    Should individual provisions of these terms and conditions not be legally effective in whole or in part or lose their legal effectiveness later, the validity of the rest of the contract will not be affected. The ineffective regulation is then replaced by the statutory regulations.
    We reserve the right to make changes to our website and terms, including these terms and conditions, at any time. The terms and conditions that are in force at the time of your order apply to your order, unless a change to these conditions is required by law or by order of the authorities.


    § 14: Provider of the website

    The ones under the domain bags-by-sumageza.com The website offered is operated by
     
    Bags-by-Sumageza - Soumaya Zairi, trade in leather goods,
     
    legally represented by
     
    Soumaya Zairi
     
    Untere Knollstrasse 17
    49179 Ostercappeln
    Germany
     
    Phone: +49 (0) 5473 957889
    Fax: +49 (0) 5473 8019853
    Mobile: +49 (0) 174 9327057
     


    VAT ID number: DE 278041285