General Terms and Conditions of ansary.store

Owner: Brigitta Ansary 

The following General Terms and Conditions apply to the online shop at URL https://www.ansary.store, operated by Ansary, owner Ms. Brigitta Ansary, Hompesch Straße 1 in 81675 Munich, email: office@ansary.store (hereinafter referred to as "Ansary").

Ansary offers high-quality products for sale in the upper price range. Ansary recommends printing or saving these General Terms and Conditions for your own documentation.

§ 1 Scope of applicability and means of contact

1. These General Terms and Conditions of Ansary apply to all agreements that the customer enters into with Ansary regarding the products depicted at https://www.ansary.store. We hereby expressly object to the inclusion of the customer's own terms and conditions, unless another arrangement has been reached in writing. These General Terms and Conditions do not apply to purchases that are not effected by means of distance contracts.
2. Within the meaning of §. 1. 1. and hereafter "customer" means both consumer and entrepreneur, whereby a consumer within the meaning of § 13 BGB (German Civil Code) is every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession. Within the meaning of § 14 BGB, an entrepreneur is every natural or legal person or a partnership with a legal personality who or which when entering into a legal transaction acts in exercise of his or its trade business or profession.
3. Products within the meaning of §. 1. 1. and hereafter are all products and services that can be procured via https://www.ansary.store.
4. Ansary can be contacted per mail via the address for service of process Hompeschstraße 1, 81675 Munich, per email: office@ansary.store, per telephone: +49-(0)89-98 10 95 22.

§ 2 Contract formation

1. The products presented by Ansary do not constitute legally binding offers but instead serve the purpose of an invitation to the customer to submit a binding offer.
2. The customer submits his legally binding offer for the product in the online order form by clicking on the "submit order" button after entering his personal data. An offer may also be submitted telephonically, per fax or per email. As soon as the order has been received, Ansary will send a notice of confirmation of receipt to the email address listed in the customer account. This confirmation of receipt does not constitute acceptance of the offer, but only serves the purpose of documenting the order process.
3. Ansary will accept the customer's offer via an email that confirms shipment of the item or by sending the item itself.
4. Ansary is entitled to reject an offer.

§ 3 Notice of the Right of Revocation

1. Consumers, within the meaning of § 13 BGB, are entitled to a statutory right of revocation.

Notice of the right of revocation

Right of revocation:

You may revoke your contractual declaration in writing within 14 days without specifying reasons (e.g. letter, fax, email) or if you receive the item before the expiration of the revocation period – by returning the item. The revocation period starts after receipt of this instruction in writing, but not before the customer has received the goods (for the recurrent delivery of identical goods not before receipt of the first partial delivery) and also not before compliance with our duty to inform pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (Introductory Statute to the German Civil Code) as well as our duties under § 312 e para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely submission of the revocation or return of the item will suffice to comply with the deadline for revocation. The revocation shall be addressed to:

Ansary 
Hompesch Str. 1
D-81675 München

Germany

E-Mail: returns@ansary.store

Consequences of revocation:

In the event of a valid revocation, the performance received by both parties shall be returned as are any benefits derived (e.g. interest). If you cannot return the received performance to us in its entirety or in part or only in a deteriorated condition, you must provide compensation for value. When objects are involved this does not apply if the deterioration of the object can be attributed exclusively to the inspection of the object – as would be possible for you in a shop, for example. Furthermore, you may avoid the duty to provide compensation for value for a deterioration caused by improper use of an object by not treating the item as your property and avoiding any use that affects its value. An item that can be sent as a parcel shall be returned at our risk. You shall bear the cost of returning the item if the delivered goods are what you ordered and if the price of the item to be returned does not exceed the amount of EUR 40.00 or in the event the price is higher at the time of the revocation you have not yet provided counter-performance or made a contractually agreed partial payment. Otherwise, the return shipment is free of charge to you. Items that cannot be sent as parcels will be picked up at your location. Obligations to reimburse payments must be met within 30 days. The period starts for you once you have sent your notice of revocation or the item. For us it starts upon our receipt.

- - End of notice of the right of revocation – 

2. The right of revocation does not apply to distance contracts for the delivery of goods made to the customer's specifications or that are clearly personalised which, by reason of their nature, cannot be returned.

3. Ansary offers high-quality products for sale in the upper price range. The customer is therefore advised to treat the goods with care as long as he is considering the possibility of returning the goods. In particular, lingerie and beachwear may be tried on only over one's own underwear or enclosed disposable briefs and any existing hygienic protection must not be removed. To avoid signs of use in shoes and slippers they should be tried on exclusively on carpeted surfaces or a similarly suitable surface. The notes in the enclosed product description should also be observed. Removing product labels is strictly prohibited.

4. An obligation to provide compensation for value within the meaning of § 3. 1. may be created in particular if the goods exhibit signs of use, have been washed, labels have been removed or the goods have been damaged or there are other indications of use, e.g. in the case of underwear and beachwear any existing hygienic protection was removed, there are traces of cream or body oils or odours, such as from perfume, cigarettes or chlorine. If such indications are present, Ansary will reserve the right to examine the goods carefully for any deterioration leading to compensation for value. Reference is made to the notice of the right of revocation under § 3. 1.

5. In the event that the customer makes use of his right of revocation, he shall be charged the regular costs for a return shipment if the price of the goods to be returned does not exceed the amount of EUR 40.00 or if in the event the price is higher at the time of the revocation the customer has not yet provided counter-performance or made a contractually agreed partial payment, unless the delivered goods are not what was ordered. In all other cases Ansary will bear the costs of a return shipment.

6. In the event goods are returned, Ansary provides a return slip at ReturnSlip.pdf. The customer is requested – to simplify things by assigning goods to a specific order - to print this slip, fill it in and attach to the goods.

7. § 3. 2. to 6. do not constitute a restriction in the statutory right of revocation.

8. The goods offered under ansary.store are represented by the goods existing really on the web page in the form of digital photographs. Ansary.com which the customer sees on his screen, however, is not able the pictures and colors to ensure the complete agreement with the reality, caused by different screen, graphic and/or printer attitudes also. Insignificant deviations between representation and reality don´t represent any defect of the ordered product.

9. We point out that the products presented under ansary.store can have been able to be no longer available or no longer available and changed the corresponding prices at the time of the visit of the customer on the web page. The indicated prices are represented in euro inclusive of value added tax and exclusive of the transportation costs.

10. ansary.store is authorized to produce partial deliveries.

§ 4 Reservation of title

The goods shall remain the property of Ansary until they have been paid in full.

§ 5 Duties of the customer, customer account

1. An order from Ansary can be effected only via a customer account set up by the customer. The customer guarantees that he is an adult and will submit all details necessary for setting up the customer account truthfully and if appropriate will promptly report all changes relevant to the contractual relationship, in particular as a result of a change in address by updating the master data in the customer account.2. Order processing and establishing contact is normally handled by email and automated order processing. The customer must therefore provide a valid email address for order processing at which emails sent by Ansary can be received. In particular the customer is obligated to ensure that access to emails sent by Ansary is not obstructed by use of a SPAM filter.3. The customer will not give his customer account, his password or other access data to third parties, in particular not share it with such.

4. It is irrefutably presumed that any data transfer occurring at Ansary as well as corresponding administrative orders, e.g. the retrieval, the change or the deletion of data under the customer's user name and password have originated from the customer himself, unless Ansary should have recognised an improper use of the customer account by third parties.

§ 6 Prices, terms of payment and reimbursement

1. All prices quoted by Ansary are final prices, i.e. they comprise all price components, including statutory German value added tax. Additionally incurred delivery and shipping costs are calculated as follows and are shown separately in the online order form:

Standard Germany                6,90 €

EU Standard                         12,50 €

Switzerland                          15,00 €

Europe not EU                     39,00 €

Canada/USA                       59,00 €

Rest of the world                 55,00 €

Nachnahme Zuschlag (D)     8,00 €

It should be noted that for deliveries to countries outside of the European Union additional costs may be incurred in individual cases, in particular taxes, customs and excise duties. 2. Ansary.com offers the following payment methods:

- For payment by credit card, the following cards are accepted:

• Mastercard                 
• Visa
• American Express
• Paypal

- Cash on delivery ( D )

- advance payment

Enter your credit card data on our secure payment page. Ansary uses secure server software with SSL connection (secure sockets layer). This is an asymmetric encryption method in the Internet, which protects your credit card data during transfer against interception and manipulation. It is therefore impossible for unauthorised parties to read this data when it is transmitted via the Internet. Information is transferred automatically. At no time does Ansary or third parties have access to this data in any form. The credit card is charged or the purchase amount is debited immediately after submitting the order.

2. In the event Ansary must reimburse the customer for the entire or partial invoiced amount, credits and transfers will be performed exclusively on the customer's account or card. A transfer or credit to the benefit of third parties is not possible for security reasons.

3. All payments and credits will be settled exclusively in EUROS.

Payment per advance payment

Select "advance payment" under "method of payment" and complete your order.
You will receive our bank details and the order number in our e-mail receipt confirmation which is sent automatically.
After placing your order, please transfer the total amount to the following account providing the order number:

Brigitta Ansary
Donner & Reuschel Bank München
IBAN: DE77 2003 0300 0256 0070 00

SWIFT-BIC: CHDBDEHH

The customer will pay any wire transfer costs and bank fees.

We will ship your order as soon as we have received your payment in our account.

Credit notes from return shipments will be transferred to the bank account from which the original order was paid.

Shipments outside the EU

Delivery to countries subject to customs duty generally takes two to four business days. Product prices shown are listed exclusive of VAT and customs duties. This also applies to German VAT. Please note that all import VAT, customs duties for each individual country will be applied and invoiced separately by DHL.

Please note that you will have to pay for any foreign bank charges and the costs for parcel returns.

§ 7 Delivery and shipping terms

1. Goods will normally be delivered by DHL and to the shipping address specified by the customer. Delivery will take up to five work days from receipt of the order at Ansary.
2. The shipping address specified in the Ansary customer account will be used for order processing, and when selecting PayPal as the payment method the shipping address specified at PayPal will be used. 3. If delivery to the customer is not possible, the commissioned transport company will send the goods back to Ansary, whereby the customer will bear the cost for the unsuccessful delivery. This does not apply if the customer was only temporarily prevented from accepting the proffered performance, unless Ansary had announced the performance to him a reasonable period in advance or if the customer is hereby exercising his right of revocation pursuant to § 3. 1. of these General Terms and Conditions. 

§ 8 Liability for defects

The statutory liability for defects applies.

§ 9 Copyrights

Ansary owns copyrights to images, films and texts at https://www.ansary.store. Express approval from Ansary is therefore required for use of these images, films and texts by third parties.

§ 10 Data protection

Protecting privacy when processing personal data is a very important concern for Ansary. Data collected from the customer is processed pursuant to the provisions of the German Federal Data Protection Act (BDSG) and other statutory provisions that apply to electronic business transactions. The data used by the customer when setting up his customer account and initiating orders are used by Ansary mainly for order processing, delivery of goods and payment processing. These data are also used for advertising and marketing purposes, e.g. the mailing of newsletters, advertising letters and other notifications regarding Ansary. You may opt out of the receipt of advertising and marketing material at any time. If express approval is required, in particular for the mailing of newsletters, Ansary will obtain such in advance. You will find additional information and details on data protection at DataPrivacy.html.

§ 11 Legal venue, applicable law and contract language

1. The contract pursuant to these General Terms and Conditions is governed exclusively by the law of the Federal Republic of Germany. If the customer is a consumer within the meaning of § 13 BGB and maintains his ordinary residence abroad, mandatory provisions of this country shall not be affected. Contract language is German. 2. If the customer is a merchant, a legal entity or special fund under public law, exclusive legal venue for all indirect and direct disputes arising under the contractual relationship is Munich.

§ 12 Final provisions 

If any provision of this agreement is deemed to be or becomes invalid or unenforceable, this invalidity or unenforceability of one or several provisions shall not affect the validity of the agreement as a whole, unless the invalid or unenforceable provisions are of such essential importance to the agreement that it would be reasonable to assume the parties would not have entered into the agreement without the invalid or unenforceable provisions. A gap in the provisions will be treated correspondingly.