General Terms and Conditions
The following Terms and Conditions apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The contract is concluded with L'ANISÉ Frankfurt - Anisa Kurtaj.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The language available for contract formation is English.
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed.
Shipping within Germany is free. EU shipping as well as to Switzerland and the UK costs 9,90€. Shipment to EU countries, Switzerland and the UK is free of charge for orders over 250€. International shipping costs 17,90€.
You are entitled to collect your order from L'ANISÈ Frankfurt - Anisa Kurtaj, Markt 2, 60311 Frankfurt, Deutschland during the following hours of business: 11:00 - 18:00
The following payment methods are basically available in our online shop.
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
SOFORT Online Bank Transfer by klarna
After submitting the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFORT, you must be in possession of a bank account that is activated for participation in online banking, must identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
In order to pay the invoice amount via Google Pay, you have to be registered with the service provider Google, must have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
In order to pay the invoice amount via Apple Pay, you have to use the „Safari“ browser, be registered with the service provider Apple, must have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction will be carried out directly after submitting your order. Further information can be found during the ordering process.
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process. Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.
After placement of the order, you will be forwarded to the online provider Worldpay's. In order to pay the invoice amount via Worldpay, you do not need to be registered there. You may enter your payment details there and confirm the use of your data by Worldpay and the payment instructions to Worldpay. You will receive additional information during the ordering process. The payment transaction will be carried out by your credit card company/debit card company upon request by Worldpay and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder.
After placement of the order, you will be forwarded to the online Skrill website. To pay the invoice amount via Skrill, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be executed by Skrill directly after this.
Purchasing on account and financing by Klarna
In collaboration with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we can offer you the payment options of
purchasing on account and payment by instalments. Please note that Klarna accounts and Klarna payment by instalments are only available for consumers and that payment has to be made to Klarna.
Klarna payment by instalments
Using the financing service from Klarna, you can pay for your shopping in flexible monthly instalments of at least 1/24 of the total amount (at minimum, however, 6.95 euros). You can find further information on Klarna payment by instalments including the General Terms and Conditions and Standard European Consumer Credit Information here.
By purchasing on account with Klarna, you receive the goods first and then always have a payment term of 14 days. The full GTCs for
purchasing on account are available here.
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.
Cash payment on collection
You pay the invoice amount in cash on collection.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
12. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention.
Terms and Conditions for Rental Services
SECTION 1 – Rental of Products
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The Services include the rental of Products. This Section 1(A) sets out terms and conditions that apply to your rental of any Product.
18 Years or Older. Products may be rented for use by individuals under 18 years of age, but we rent or sell only to adults, who may rent the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method for the purpose of renting or purchasing the Products as described in these Terms.
Limits. You acknowledge and agree that we may place limits on the rental of Products, including restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason, including availability concerns.
Delivery. We are constantly seeking the fastest, highest quality, and most cost efficient shipping options in order to improve our service to you. All deliveries will be through shipping companies of our choosing, which may change from time to time at our discretion.
The following additional conditions apply to the rental of any Product.
Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee and delivery charges listed on our site for your rental of the product. When you place your rental order for a product, you authorize us to charge your payment card for the Total Fee. We will charge your payment card the amount of the Rental Fee and aforementioned fees immediately upon your rental order. A reservation of a product on our site is an order for the rental of that product, regardless of how far in advance that product is reserved.
Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. A Secure Shipping Address means a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, we do not bear liability for products left unattended. Signatures are waived on all of our packages. If an item per tracking shows that it has been delivered by our carrier then the customer is responsible for the package at that time. The customer will be responsible for any lost or stolen packages.
Use of the Products. You agree to treat the Products with great care. Our products are meant to be used in limited capacity such as photo shoots, weddings, special events, etc.. You are responsible for any loss, destruction, or damage to the Products, beyond reasonable wear and tear, regardless of the cause or reason for said damage. Reasonable wear and tear encompasses very minor stains, minor missing beads, stuck zippers or other minor damage. The determination of whether any damage to the Products qualifies as reasonable wear and tear will be made by us in our sole discretion. If you return a Product that is damaged beyond reasonable wear and tear, you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to 100% of the retail value or market value for the Product.
Return of the Products; Extensions. You agree to return the Products to us in the Return Packaging on or before the Return Date, which will be identified in the invoice for your order. If you need an extension for a return, you must contact us immediately at firstname.lastname@example.org, If we approve the extension of the order of the Product, we will immediately invoice you an Extension Fee invoice along with any applicable taxes thereon which you will be required to pay within 24 hours prior to the extension period starting; (i) if you are extending a four (4) day rental into an five (8) day rental, you will pay the difference in the Total Fee. (ii) if you are extending an eight (8) day rental, you will pay the rental fee which would normally be required to rent the Product for the length of the extension. If we approve your extension, you will be required to return the Product by delivering the Product in the Return Packaging on or before the Extended Date, which we will provide along with such approval.
Late Fees. If you return the Products late or not at all, a late fee of 1/4 of the rental price per day and per order will be charged to the payment card you used to pay the Total Fee or to any other payment card included in your account information that you have provided to us, or will be invoiced separately and must be paid within 30 days of receipt of invoice, for each day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the retail value or market value, as determined in our discretion, plus applicable sales tax, of all Products in the order. If you have not returned a Product within twenty (20) days after the return date for the Product, your order will be considered a non-return and we will charge your payment card the maximum late fee set forth in this Section 1(B), less any late fees that you have already paid, plus any applicable taxes.
Payment of 100% Retail Value or Market Value. We will not charge you for more than an amount equal to 100% of the retail value or market value all Products in the order plus the Total Fee, in the aggregate, for any charges arising under this Section 1(B), excluding collection costs. If you pay us an amount equal to 100% of the retail value or market value of all Products in the order under this Section 1(B) and you still possess the Product, then the Product is yours to keep, though on an “AS IS” basis and without warranty of any kind.
Late Fees in Addition to Total Fees. Any late fees or other charges payable by you pursuant to this Section 1(B) shall be in addition to the Total Fee and the Total Fee shall not count towards the limitations on late fees described herein.
SECTION 2- MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 3 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Clean and Ready to Wear. The Products will be cleaned and delivered ready to wear.
Sizing Returns. If your Product does not fit, then you may return the Product within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting us at email@example.com and returning the Product in conformance with the return procedures above. We will then issue you a partial credit for the Total Fee, less delivery charges, of the Product for a future rental by you of our Products, so long as the Product, as determined in our sole discretion, has not been worn. If only one item in your order does not fit and you need to send it back separately, you will be responsible for the cost of return shipping on that item since you will need to ship the additional items back with our prepaid return ship label.
If you would like for us to ship out a different size as an exchange immediately we are happy to do so depending on availability, but you (the customer) will be responsible for the cost of shipping.
Condition. Items will be brand new, like new, excellent used condition, or very good used condition. They will not have flaws that are noticeable when photographed or worn. However, these items have been pre-worn and are not brand new, so may have minor flaws present.
SECTION 4 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 5 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall L’ANISÉ Frankfurt, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 13 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 14 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Germany
SECTION 15 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 16 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.