Terms of service

Terms and Conditions and Customer Information

I. Terms and Conditions

§ 1 Basic Provisions

  1. The following terms and conditions apply to all contracts concluded between you and us as a sole trader via the websites www.orangecherie.com or www.orangecherie.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is expressly rejected.

  2. A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to an independent professional activity.
    An entrepreneur is any natural or legal person or legally capable partnership who enters into a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.

  2. By listing a product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

  3. The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the “shopping cart”. You can access the shopping cart via the navigation bar and make changes at any time.

After accessing the checkout page and entering your personal details as well as payment and shipping information, the order details will be displayed as an order summary.

If you select an instant payment method (e.g. PayPal / PayPal Express, Amazon Payments, instant bank transfer), you may be redirected either to the order summary page in our online shop or to the payment provider’s website.

After completing the payment process and returning to our shop, the order details will again be displayed as an order summary.

Before submitting the order, you have the opportunity to review, change (including via the browser’s “back” function), or cancel the order.

By submitting the order via the relevant button (“Buy” or similar), you legally declare acceptance of the offer, thereby concluding the contract.

  1. Requests for quotations are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you may accept within 5 days, unless a different deadline is stated.

  2. Order processing and the transmission of all information required in connection with the conclusion of the contract are carried out by email, in part automatically. You must ensure that the email address you provide is correct and that receipt of emails is technically ensured and not blocked by spam filters.

§ 3 Right of Retention, Retention of Title

  1. You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

  2. The goods remain our property until full payment of the purchase price has been made.

  3. If you are an entrepreneur, the following also applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer by way of security before transfer of ownership is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims arising from the resale in the amount of the invoice value. We accept the assignment. You remain authorized to collect the claim; however, if you fail to meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the retained goods to the other processed items at the time of processing.

d) We undertake to release securities to which we are entitled at your request insofar as their realizable value exceeds the secured claim by more than 10%. The selection of securities to be released is at our discretion.

§ 4 Warranty

  1. The statutory warranty rights apply.

  2. As a consumer, you are requested to inspect the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty rights.

  3. Any deviation of the goods from objective requirements shall only be deemed agreed if you were informed of the deviation prior to submitting your contractual declaration and it was expressly and separately agreed between the parties.

  4. If you are an entrepreneur, the following deviations apply:

a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, excluding other advertising or public statements.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If defect remediation fails, you may choose between price reduction or withdrawal from the contract. Remediation shall be deemed to have failed after the second unsuccessful attempt unless otherwise indicated by the nature of the goods or defect. We shall not bear additional costs arising from relocation of the goods to a place other than the place of performance unless such relocation corresponds to the intended use.

c) The warranty period is one year from delivery of the goods. This limitation does not apply:

  • to damages caused by us due to injury to life, body, or health;

  • to damages caused intentionally or by gross negligence;

  • where we fraudulently concealed a defect or assumed a guarantee;

  • to goods used in construction that caused a defect;

  • to statutory recourse claims.

§ 5 Choice of Law, Place of Performance, Jurisdiction

  1. German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of mandatory consumer protections under the law of their habitual residence.

  2. The place of performance and jurisdiction is our registered office if you are an entrepreneur, a legal entity under public law, or a special fund under public law, or if you have no general jurisdiction in Germany or the EU, or your residence is unknown at the time legal action is initiated.

  3. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

II. Customer Information

1. Seller Identity

OrangeCherie // Julia Huth
Sole Trader
Stephansplatz 6
86152 Augsburg
Germany
Phone: +49 157 73857131
Email: hello@orangecherie.com

Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at:
https://ec.europa.eu/odr

2. Information on Contract Conclusion

The technical steps, conclusion of the contract, and correction options are governed by the section “Conclusion of the Contract” in our Terms and Conditions (Part I).

3. Contract Language and Storage

  1. The contract language is German.

  2. We do not store the complete contract text. Before submitting the order, contract data can be printed or saved electronically. After receipt of the order, the order details, legally required information, and these Terms and Conditions will be sent to you by email.

  3. For quotation requests outside the online shopping cart system, all contract data will be provided in text form (e.g. by email) and can be printed or saved electronically.

4. Essential Characteristics of the Goods or Services

The essential characteristics of the goods and/or services can be found in the respective product description.

5. Prices and Payment Terms

  1. Prices listed in the offers, including shipping costs, are total prices and include all taxes.

  2. Shipping costs are not included in the purchase price and are shown separately during the ordering process unless free shipping is offered.

  3. Available payment methods are displayed on our website or in the respective offer.

  4. Unless otherwise stated, payment claims are due immediately upon conclusion of the contract.

6. Delivery Conditions

  1. Delivery conditions, delivery times, and possible delivery restrictions are stated on our website or in the respective offer.

  2. For consumers, the risk of accidental loss or deterioration of the goods passes to you upon delivery. This does not apply if you independently commission a carrier not designated by us.

For entrepreneurs, delivery and shipment are at your risk.

7. Statutory Warranty Rights

Statutory warranty rights are governed by the section “Warranty” in our Terms and Conditions (Part I).

These Terms and Conditions and Customer Information were prepared by lawyers specializing in IT law and are continuously reviewed for legal compliance.

Last updated: November 9, 2022