Terms of service
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Terms
- Granting of Rights for Digital Content
- Contract Duration and Termination for Subscription Contracts
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for the Processing of Goods According to Customer Specifications
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of The Female Company GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these GTC apply accordingly, unless otherwise regulated.
1.3 For contracts for the provision of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content in the sense of these GTC are data that are created and provided in digital form.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.6 The subject of the contract can - depending on the product description of the seller - be both the purchase of goods through a one-time delivery as well as the purchase of goods through a permanent delivery (hereinafter “Subscription Contract”). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, by clicking the button that completes the ordering process, the customer submits a legally binding contract offer with respect to the goods contained in the shopping cart.
2.3 The seller can accept the customer's offer within five days by,
- sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- delivering the ordered goods to the customer, in which case the customer's receipt of the goods is decisive, or
- requesting payment from the customer after he has submitted his order.
If several of the aforementioned alternatives are present, the contract comes into effect at the time one of the aforementioned alternatives first occurs. The period for accepting the offer begins the day after the offer is sent by the customer and ends on the expiration of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed as a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When selecting the payment method "Amazon Payments", the payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: „Amazon“), under the terms of the Amazon Payments Europe user agreement, viewable at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as a payment method during the online order process, by clicking the button that completes the order, he also issues a payment order to Amazon. In this case, the seller declares the acceptance of the customer's offer at the moment the customer triggers the payment process by clicking the button that completes the ordering process.
2.6 After concluding the contract, the text of the contract is stored by the seller and sent to the customer after sending his order in text form (e.g. e-mail, fax, or letter). The seller does not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.
2.7 Before placing a binding order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, by which the display on the screen is enlarged. The customer can correct his inputs during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the order process.
2.8 The languages available for concluding the contract are German and English.
2.9 Order processing and establishing contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address he provided for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices that include statutory sales tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate charges) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of money even if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting a payment method offered through the payment service "PayPal", payment processing takes place via PayPal, which may also use the services of third-party payment service providers. If the seller offers payment methods via PayPal, for which he advances payment to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider appointed by PayPal and specifically named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider appointed by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay PayPal or the payment service provider appointed by PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and shipments, or credits.
4.5 When selecting the payment method "SOFORT", payment processing takes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process, and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterward by "SOFORT", and the customer's bank account is debited. Further information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. For payment processing, Stripe can use further payment services, for which special payment conditions may apply, which the customer may be informed about separately if necessary. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting a payment method offered via the payment service "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For payment processing, Stripe can use further payment services, for which special payment conditions may apply, which the customer may be informed about separately if necessary. Further information on Stripe can be found on the Internet at https://stripe.com/de.
4.8 When choosing the direct debit payment method via Stripe, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe debits the invoice amount after issuing a SEPA direct debit mandate, but not before the pre-notification period has expired, on behalf of the seller from the customer's bank account. Pre-notification ("Pre-Notification") is any notification (e.g., invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees arising from the chargeback by the respective credit institution if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method in the event of a negative credit check.
4.9 When selecting the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing takes place via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and to reject this payment method in the event of a negative credit check.
4.10 When selecting a payment method offered via the payment service "Klarna", payment processing takes place via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More detailed information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following internet address:
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided in the seller's order processing is decisive for the transaction's execution.
5.2 If the delivery of the goods fails due to reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to shipping costs if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of withdrawal by the customer, the provision made by the seller in his withdrawal instructions regarding return costs shall apply.
5.3 If the customer acts as a businessperson, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to the customer or a person authorized to receive the goods upon handover. However, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods is transferred to the customer as soon as the seller has handed over the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment if the customer has commissioned them to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due diligence. The seller will make reasonable efforts to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded immediately.
5.5 Self-pickup is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by download
- by email
5.7 Digital content is made available to the customer as follows:
- by download
- by email
- by direct access via the entrepreneur's website
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise specified in the content description in the seller's online shop, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the provided content for both private and commercial purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the seller has agreed to a transfer of the license in question to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has fully paid the owed fee. The seller may temporarily permit the use of the content covered by the contract even before this point in time. Such provisional permission does not result in a transfer of rights.
7) Contract Duration and Termination for Subscription Contracts
7.1 Subscription contracts are concluded indefinitely and can be terminated by the customer at any time without observing a notice period.
7.2 The right to extraordinary termination for an important reason remains unaffected. An important reason exists if, considering all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiration of a notice period.
7.3 Terminations can be made in writing, in text form (e.g., by email), or electronically using the termination mechanism (termination button) provided by the seller on his website.
8) Reservation of Proprietary Rights
If the seller provides an advance service, he retains ownership of the delivered goods until the owed purchase price has been paid in full.
9) Liability for Defects (Warranty)
9.1 Unless otherwise stated in the subsequent provisions, the statutory regulations regarding defect liability apply. Different from this is the case for contracts for the delivery of goods:
9.2 If the customer acts as a business person,
- the seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defects is one year from the delivery of the goods;
- for used goods, rights and claims due to defects are excluded;
- the limitation period does not start again if a replacement delivery takes place within the scope of liability for defects.
9.3 The above-mentioned liability limitations and shortening of deadlines do not apply
- for compensation and reimbursement claims of the customer;
- in the event that the seller has maliciously concealed the defect;
- for goods that, according to their usual manner of use, have been used for a building and caused its defectiveness;
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
9.4 In addition, for business persons, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.5 If the customer acts as a merchant according to § 1 HGB, he is subject to the commercial duty of inspection and objection according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed approved.
9.6 If the customer acts as a consumer, he is asked to report goods delivered with obvious transport damage to the deliverer and to inform the seller. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
10) Special Conditions for Processing Goods According to Customer's Specific Instructions
10.1 If, according to the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must provide the seller with all the content necessary for processing, such as texts, images, or graphics, in the file formats, formatting, image and file sizes specified by the seller, and grant him the necessary usage rights. The customer is solely responsible for acquiring and obtaining rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that this does not infringe third-party rights, especially copyright, trademark, and personal rights.
10.2 The customer indemnifies the seller from third-party claims which they may assert against the seller in connection with an infringement of their rights due to the contractual use of the customer's content by the seller. The customer also bears the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the infringement is not attributable to the customer. The customer is obliged to provide the seller immediately, truthfully, and completely with all information necessary for checking the claims and defense in the event of a claim by a third party.
10.3 The seller reserves the right to reject processing orders if the content provided by the customer for this purpose violates legal or official bans or offends good morals. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.
11) Redemption of Promotional Vouchers
11.1 Vouchers, which are issued by the seller as part of promotional activities with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only within the specified period.
11.2 Individual products may be excluded from the voucher promotion if such a restriction results from the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.7 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher under his statutory right of withdrawal.
11.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
12) Redemption of Gift Vouchers
12.1 Vouchers, which can be purchased through the seller's online shop (hereinafter "Gift Vouchers"), can only be redeemed in the seller's online shop unless otherwise stated on the voucher.
12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining balances will be credited to the customer until the expiration date.
12.3 Gift Vouchers can only be redeemed before completing the order process. A subsequent offsetting is not possible.
12.4 Several Gift Vouchers can be redeemed for one order.
12.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of additional Gift Vouchers.
12.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
12.7 The credit balance of a Gift Voucher is neither paid out in cash nor bears interest.
12.8 The Gift Voucher is transferable. The seller can provide performance with a discharging effect to the respective holder who redeems the Gift Voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, incapacity to act, or lack of representative authority of the respective holder.
13) Applicable Law
For all legal relationships between the parties, the laws of the Federal Republic of Germany shall apply, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to call the court at the customer's place of business.
15) Alternative Dispute Resolution
15.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
15.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.