terms and conditions

Terms & Conditions & Revocation

General terms and conditions & cancellation policy

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§1 Scope, Definitions 

(1) For the business relationship between HOLA AMOR ESTUDIOS and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), insofar as the purpose of the goods and services ordered cannot be attributed predominantly to his commercial or independent professional activity. In contrast, according to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.

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§ 2 Conclusion of Contract

(1) The customer can select products from the offer and add them to a so-called shopping cart using the "Add to shopping cart" button. By clicking the "Order now" button, he makes a binding application to purchase goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. By clicking the "Order Now" button, the customer declares his agreement to the validity of the general terms and conditions and the provisions on the right of withdrawal.

(2) The provider then sends the customer an automatic confirmation of receipt by email in which the customer's order is listed again and the customer can print it out. The automatic confirmation of receipt only documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate email (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order, conditions and order confirmation) is sent to the customer by e-mail (contract confirmation). The text of the contract is stored in compliance with data protection according to GDPR.

(3) The contract is concluded in German or English.

 

§ 3 Delivery, Availability of Goods

(1) Delivery times specified by the provider are calculated from the time of the order confirmation, provided that the purchase price has been paid in advance. 

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall notify the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider will refrain from a declaration of acceptance. A contract is not concluded in this case.

 

§ 4 Retention of Title

(1) The delivered goods remain the property of HOLA AMOR ESTUDIOS until full payment has been made.

 

§ 5 Prices and Shipping Costs

(1) All prices stated on the provider's website include the applicable statutory sales tax.

(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. 

(3) In the event of a cancellation, the customer has to bear the direct costs of the return. Notwithstanding this, the customer does not bear any shipping costs if the ordered goods have been delivered incorrectly or defective.

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§ 6 Payment Options

(1) The customer can pay by PayPal, Klarna, Sofortüberweisungor & Credit Card

(2) The customer can change the payment method saved in his user account at any time.

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§ 7 Warranty for material defects, Guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for items delivered by the provider is 12 months.

(2) If the customer is an entrepreneur, in order to maintain the customer's claims for defects, defects must be reported to the provider in writing immediately, but no later than two weeks after delivery. The defective items are to be kept ready for inspection by the provider in the condition in which they were at the time the defect was discovered. 

(3) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.

 

§ 8 Cancellation Policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the provider informs about in accordance with the statutory model below. The exceptions to the right of withdrawal are regulated in paragraph (2). A sample withdrawal form can be found in paragraph (3).

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Right of Withdrawal

The customer has the right to withdraw from this contract within 30 days without giving any reason.  

The cancellation period is 30 days from the day on which the customer or a third party named by you who is not the carrier has taken possession of the goods.

In order to exercise your right of cancellation, you must inform HOLA AMOR ESTUDIOS (Maienweg 37, 22297 Hamburg, hello@holaamorestudios.com ) of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post or email) . You can use the attached model withdrawal form for this purpose, but this is not mandatory.

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

 ** Please note that earrings WILL NOT be refunded due to hygiene reasons.


Lost or Stolen Packages

Hola Amor Estudios is not responsible for lost or stolen packages that are confirmed to be delivered to the shipping address provided by the customer.
Hola Amor Estudios is not responsible for orders that are delivered incorrectly or lost due to incorrect shipping information being provided at checkout.
Hola Amor Estudios does not issue refunds for shipments that are lost due to an error in the address provided.
Hola Amor Estudios can not refund shipping costs for shipments that are returned to us due to an error in the address provided.
Once an order has shipped Hola Amor Estudios cannot make any changes to your shipping address. 

 

Consequences of resignation

(1) If you withdraw fully from this contract, we will give you all payments that we have received from you, including delivery costs, to be repaid immediately and at the latest within 30 days from the day on which we received the returned goods. 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 will refuse the repayment until we have received back the goods in the same condition they were sent out. 

You must return or hand over the goods to us immediately and in any case no later than 30 days from the date on which you received them. The deadline is met if you send the goods before the period of 30 days has expired.

You bear the direct costs of returning the goods.

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. 

(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs.

(3) ATTENTION: For reasons of hygiene, earrings cannot be exchanged.

(4) The provider informs about the model withdrawal form according to the legal regulation as follows:

Model withdrawal form

(If you want to cancel the contract, please fill out this form

and send it back.)

- On 

Hola Amor Estudios at Pakajo
Reichsbahnstraße 96
22525 Hamburg
Germany
hello@holaamorestudios.com

- I / we (*) hereby revoke the contract concluded by me / us (*)

  about the purchase of the following goods (*) /

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only if this is communicated on paper)

- Date

 

(*) Please delete inapplicable 

 

§ 9 Data Protection

(1) The customer agrees to the storage of personal data as part of the business relationship with the provider, in compliance with data protection laws, in particular the BDSG and the GDPR. A transfer of data to third parties does not take place unless this is necessary for the execution of the contract. 

(2) Insofar as the customer transmits the data from third parties, he assures that he has obtained the consent of the third party and releases the provider from any claims in this regard.

(3) The rights of the customer or the person affected by the data processing arise in particular from the following standards of the GDPR:

  • Article 7 Paragraph 3 - Right to withdraw consent under data protection law

  • Article 15 - Right of access of the data subject, right to confirmation and provision of a copy of personal data

  • Article 16 - Right to rectification

  • Article 17 - Right to cancellation ("right to be forgotten")

  • Article 18 - Right to restriction of processing

  • Article 20 - Right to data portability

  • Article 21 - Right to object

  • Article 22 - Right not to be subject to a decision based solely on automated processing, including profiling

  • Article 77 - Right to lodge a complaint with a supervisory authority

(4) In order to exercise their rights, the customer or the person concerned is asked to contact the provider by email or, in the event of a complaint, to the competent supervisory authority.

 

§ 10 Dispute Settlement 

(1) The EU platform for out-of-court online dispute resolution can be reached at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

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§ 11 Final provisions

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, especially of the state in which the customer as a consumer has his habitual residence, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's headquarters in Hamburg (Germany).

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.

(4) In the event of discrepancies between the German and English versions of the GTC, the German version takes precedence.

Status: 01/01/2024