General Terms and Conditions and Withdrawal Policy of
SOCIÉTÉ ANGELIQUE e.K. for Consumers (B2C)
Status: April 2022 (www.societeangelique.eu
Art. 1 Scope
(1) These General Terms and Conditions (hereinafter referred to as “General T&Cs
”) of SOCIÉTÉ ANGELIQUE e.K. (hereinafter referred to as “SOCIÉTÉ ANGELIQUE
”), Peter-Nonnenmühlen-Allee 83, 41063 Mönchengladbach) apply exclusively to consumers pursuant to Section § 13 of the German Civil Code [BGB
] i.e. any natural person who concludes a legal transaction for purposes which cannot primarily be attributed either to their commercial or their independent professional activity (hereinafter referred to as “Customers
(2) These General T&Cs shall apply exclusively to business relations with our Customers, also with respect to information and advice, in their version valid at the time of the order. Any deviating terms and conditions of the Customer shall not apply.
(3) References to the validity of statutory provisions are for the purpose of clarification only. Even without such clarification, statutory provisions shall, therefore, apply, unless amended directly or excluded in these General T&Cs.
Art. 2 Conclusion of contracts
(1) The presentation and promotion of products in the Online Shop does not constitute a binding offer to conclude a purchase contract. The presentation of the products in the Online Shop is only a request to Customers to submit an offer (order). Any information is, therefore, subject to change and not binding.
(2) The Customer can place orders via the Online Shop either as a guest or the Customer can set up a user account, specifying a user name and password, and then place an order.
(4) SOCIÉTÉ ANGELIQUE shall then send the Customer an automatic acknowledgement of receipt by email, detailing the Customer’s order again. This can be printed out by the Customer, using the “Print” function. The automatic acknowledgement of receipt documents only receipt of the Customer’s order by SOCIÉTÉ ANGELIQUE and is not an acceptance of the order. The contract shall be concluded only by SOCIÉTÉ ANGELIQUE submitting a declaration of acceptance, which shall be sent by separate email (“Invoice” or “Order Confirmation”) or by shipment of the goods to the Customer. In that email or in a separate email, but at the latest upon delivery of the goods, the contract text (comprising order, General T&Cs, withdrawal policy and order confirmation/invoice) shall be sent to the Customer by SOCIÉTÉ ANGELIQUE in a durable data medium (email or paper printout) (contract confirmation). The contract text shall be stored in compliance with data protection.
(5) The contract shall be concluded in the German language.
Art. 3 Delivery / Availability of goods
(1) Delivery times specified by SOCIÉTÉ ANGELIQUE are calculated from the date of our order confirmation / invoice, subject to prior payment of the purchase price (except in the case of purchase on account).
(2) If the product selected by the Customer is not available at the time of the Customer’s order, SOCIÉTÉ ANGELIQUE shall notify the Customer of this immediately. If the product is permanently unavailable, SOCIÉTÉ ANGELIQUE shall not provide an order confirmation. In such case, a contract shall not be concluded.
(3) The following delivery restrictions exist: SOCIÉTÉ ANGELIQUE shall deliver only to Customers who have their habitual residence (invoice address) in one of the following countries and can specify a delivery address in the same country: European Union.
Art. 4 Retention of title
SOCIÉTÉ ANGELIQUE retains title to the delivered goods until the purchase price is paid in full.
Art. 5 Prices and shipping charges
(1) All prices specified in SOCIÉTÉ ANGELIQUE’s Online Shop include the respectively valid statutory value added tax.
(2) Unless otherwise agreed, delivery shall be made to the delivery address specified by the Customer. Shipping charges and delivery costs shall be shown within the order.
Art. 6 Payment terms
The Customer can pay by credit card (Visa & MasterCard, incl. Maestro), giropay, paydirekt, Paypal, Sofort Überweisung, SEPA direct debit. Payment is processed via the service provider PAYONE GmbH, Lyoner Strasse 9, 60528 Frankfurt/Main, Germany.
Art. 7 Recission and default
If the Customer defaults in payment, SOCIÉTÉ ANGELIQUE reserves the right to rescind the contract. Legal claims of SOCIÉTÉ ANGELIQUE and of the Customer shall remain unaffected.
Art. 8 Warranty
(1) As a general rule, if goods are delivered with obvious transport damage, an immediate complaint should be made to the delivery agent, if possible. The Customer’s statutory warranty rights shall, however, in any case remain unaffected by this.
(2) SOCIÉTÉ ANGELIQUE is liable for material defects according to the statutory (warranty) regulations applicable thereto, especially Sections 434 et seq. BGB
. An additional guarantee shall exist for goods delivered by SOCIÉTÉ ANGELIQUE only if this was expressly provided in the order confirmation for the respective article.
(3) The limits determined in Art. 9 below (exclusion and limitation of liability) shall apply to damages or compensation for wasted expenditure of the Customer.
Art. 9 Exclusion and limitation of liability
(1) Claims of the Customer for damages are excluded. Exceptions to this are damage claims by the Customer arising from injury to life, limb or health or arising from the violation of material contractual obligations (“obligations essential for achieving the purpose of the contract”) and the liability for other damages, which are based on an intentional or grossly negligent breach of duty by SOCIÉTÉ ANGELIQUE, its legal representatives or vicarious agents. Material contractual obligations (obligations essential for achieving the purpose of the contract) are obligations, the fulfilment of which makes the due performance of the contract possible in the first place and where the Customer relies on and may also rely on compliance with such obligation.
(2) SOCIÉTÉ ANGELIQUE shall be liable in the case of violation of material contractual obligations only for foreseeable damage which is typical for the contract if this was caused by simple negligence, unless these are damage claims by the Customer arising from injury to life, limb or health.
(3) The limitations of paragraphs (1) and (2) shall also apply for the benefit of the legal representatives and vicarious agents of SOCIÉTÉ ANGELIQUE if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs (1) and (2) shall not apply if SOCIÉTÉ ANGELIQUE has fraudulently concealed a defect or has provided a guarantee for the quality of the article. The provisions of the Produkthaftungsgesetz
[German Product Liability Act] shall remain unaffected.
Art. 10 Withdrawal policy / Right of Withdrawal
You have the right to withdrawal this contract within fourteen days without stating the reasons.
The withdrawal period is fourteen days from the date on which you or a third party named by you, who is not the carrier, have(has) taken possession of the goods.
To exercise your withdrawal right, you must inform us (SOCIÉTÉ ANGELIQUE e.K., Peter-Nonnenmühlen-Allee 83, 41063 Mönchengladbach, email: email@example.com, telephone: +49 (0)151 12120678) of your decision to withdrawal this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached model withdrawal form for this purpose but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the withdrawal right before expiry of the withdrawal period.
Consequences of withdrawal
If you withdrawal this contract, we shall refund all payments to you which we have received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of a type of delivery other than the most advantageous standard delivery offered by us), without undue delay and not later than fourteen days from the date on which we receive the communication concerning your withdrawal of this contract. We shall use the same means of payment for this refund as you used for the original transaction, unless otherwise expressly agreed with you. In any event, you shall not be charged any fees as a result of such refund. We can withhold the refund until we have received the goods back or you have proved that you have returned the goods, whichever is the earlier. You shall return the goods or hand them over to us, without undue delay and in any case not later than 14 days from the date on which you notify us of your withdrawal of this contract. The deadline shall be met if you send the goods before the period of 14 days has expired. We shall bear the direct costs of returning the goods. You shall be liable for any loss in value of the goods only if such loss in value is attributable to handling of the goods that is not necessary for checking the quality, properties and functioning of the goods.
Model Withdrawal Form
(If you wish to withdrawal the contract, then please complete this form and return it to us.)
– To SOCIÉTÉ ANGELIQUE e.K., Peter-Nonnenmühlen-Allee 83, 41063
Mönchengladbach, email: firstname.lastname@example.org
– I/We (*) hereby withdrawal the contract concluded by me/us (*) for the purchase of
the following goods (*)/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 in the case of communication on paper)
(*) Delete as applicable.
Art. 11 Data protection
SOCIÉTÉ ANGELIQUE processes personal data of the Customer exclusively in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and the Bundesdatenschutzgesetz
[German Federal Data Protection Act]. Further information is available at https://societeangelique.eu/privacy-policy/
Art. 12 Set-off / Retention
The Customer shall be entitled to a right of set-off only if the counterclaims have been recognised by declaratory judgment or are undisputed by SOCIÉTÉ ANGELIQUE. The Customer shall be entitled to exercise a right of retention only to the extent that the counterclaim is based on the same contractual relationship.
Art. 13 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between SOCIÉTÉ ANGELIQUE and the Customer, to the exclusion of the UN Sales Convention. Statutory provisions on the limitation of the choice of law and on the applicability of mandatory (consumer protection) regulations, especially of the state in which the Customer habitually resides as consumer, shall remain unaffected.
(2) The EU Commission provides a platform for out-of-court dispute settlement procedures. This gives consumers the opportunity first to clarify disputes in connection with their online order out of court. The dispute settlement platform is available at: https://ec.europa.eu/consumers/odr/
. Apart from this, SOCIÉTÉ ANGELIQUE does not take part in dispute settlement procedures before a consumer arbitration service (Section 36 VSBG
[German Law on Dispute Settlement for Consumers]).
(3) Amendments to and modifications of these General T&Cs shall only be valid when given in writing. This shall also apply to this requirement of text form itself. The precedence of an individual agreement pursuant to Section 305b BGB
shall remain unaffected by this.