§1 Scope & Consumer Information

 

We (Aníce.) execute your order according to our terms and conditions valid at the time of the order. The current version of the General Terms and Conditions of Anice. is available to you on our website www.wearanice.com under the heading "Terms & Conditions", which you can also download and save or print out from there. Our "Terms & Conditions" apply exclusively to the entire business relationship.

The German language is the language of negotiation and contract. The following terms and conditions shall also apply exclusively to all foreign transactions.

You can print out or save these terms and conditions. You can download this document as a PDF file and save it on your computer. In order to open a PDF file, you will need the Adobe Acrobat Reader DC programme, which can be downloaded free of charge from the Internet (https://get.adobe.com/reader/?loc=de).

Your contract and order data as well as the text of the contract will be stored by us, direct access is not possible for security reasons. However, you have the possibility to log in on our homepage via "My user account" with your user name and your password, and thus to call up your profile, your address, your order history and your wish list and to edit them if necessary. Your personal access data is intended only for you and must not be disclosed to third parties.

Before you click on "buy now" on our homepage, you have the opportunity to recognise and correct input errors before submitting your contractual declaration by clicking on the "Change details" button below.

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§2 User account registration

 

The registration of a user account is only permitted to natural persons and partnerships as well as legal entities with unlimited legal capacity. Minors may not register. The registration of a legal entity may only be carried out by a natural person authorised to represent the entity, who must be named.

When completing the registration application, true, accurate, current and complete information must be provided for the data requested in the registration forms. In case of incomplete registrations of member accounts as well as in case of untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable period of time.

Any interference with our homepage or further use of your user account outside of the use provided for in these GTC is prohibited. In particular, manipulations with the aim of causing damage, to impair the use of our homepage completely or temporarily or to obtain unauthorised payments or other advantages to our disadvantage are prohibited. We will prosecute violations under both civil and criminal law.

In the event of a violation of § 2.1 to § 2.3 or a concrete suspicion of such a violation where there is a risk of damage, we are entitled to immediately block your user account.
We are not obliged to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Contracts that have already been confirmed remain unaffected. You can delete your user account at any time by contacting customer service. Please note our statements on data protection and the cookies we use. Our data protection declaration and our cookie policy can also be found on our website www.weareanice.com.

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§3 Conclusion of contract

 

Our offers are subject to change and non-binding. The presentation on our websites does not constitute a legally binding offer in this respect. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, you make a binding offer to conclude a purchase contract for the desired goods by clicking on the "buy now" button. We are entitled to accept your offer within 5 calendar days by sending you a contract confirmation (by post or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is deemed to be rejected. No purchase contract is concluded for products that are not listed in the order confirmation.

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§4 Delivery

 

We deliver goods in stock to you within 1-5 working days after conclusion of the contract at the latest. In the case of payment in advance, the delivery times apply from the time the money is received in our account. Deviating delivery times will be stated in the article description.
For shipments outside the Federal Republic of Germany and within Europe, delivery regularly takes 5-14 working days if the goods are available. For shipments to non-European countries, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient's location.
If you order a product that was available according to the article description and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract. We are entitled to make partial deliveries or provide partial services, provided that this does not unreasonably affect conflicting interests. In the event of a partial delivery, we will of course bear the additional shipping costs. This will not result in any further costs for you.

The delivery time shall be extended appropriately if the delivery is impaired by force majeure. In particular, force majeure shall include subsequent difficulties in procuring materials, riots, strikes, lock-outs, operational disruptions, fire, natural disasters, transport hindrances, changes in legal regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond our control and which, viewed objectively, have not been culpably caused by us. Should one of the above cases occur, we will inform you immediately. If the impediment to performance in the aforementioned cases persists for longer than four weeks, you shall be entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This shall not apply in cases of intent or gross negligence, in the case of assurances or if liability is mandatory for breach of essential contractual obligations due to simple negligence or if liability is mandatory for contract-typical foreseeable damage for legal reasons.

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§5 Right of withdrawal

 

Consumers have a legal right of withdrawal. The relevant instructions and a sample cancellation form can be found at the end of these e-shop terms and conditions.

§6 Prices

 

All prices stated are in euros and include the statutory value-added tax. Postage and shipping costs are added according to the following list under § 7.

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§7 Shipping costs (domestic and international)

 

Here you will find all information on return costs and postage and shipping costs for deliveries:

 

COUNTRY / SHIPPING COSTS / DELIVERY TIME

 

Zone 0

7,00 €

1-5 working days

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• Deutschland

• AustriaNetherlands (except non-European areas)

• Belgium

 

Zone 1

18,00 €

3-8 working days

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• Denmark (except Faroe Islands, Greenland)

• Finland (except Äland Islands)

• France (except overseas territories and departments)

• Greece

• Great Britain (except Channel Islands & non-European territories)

• Ireland

• Italy (except Livigno and Campione d'Italia)

• Croatia

• Liechtenstein

• Luxembourg

• Malta

• Monaco

• Portugal

• Sweden

• Switzerland

• Spain

• Poland

• Czech Republic

• Estonia

• Andorra
   

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Zone 2

30,00 €

5-9 working days

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• Iceland

• Norway

• San Marino

 

Zone 3

40,00 €

10-14 working days

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• Canada

• United States of America

• Russia

 

Zone 4

50,00 €

15-20 working days

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• All countries and territories that are not assigned to zones 1, 2 or 3.

• Australia and Oceania

• Japan

• New Zealand

 

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For goods deliveries outside the European Union, import duties (customs duties) may be incurred. We are not liable for any customs costs that may be incurred.

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§8 Terms of payment

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Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you are already in default by missing the deadline. In the event of default, we shall be entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on claims for payment in the event of default at a rate of eight percentage points above the base interest rate. We reserve the right to prove and assert a higher damage caused by default, § 288 para. 3, 4 BGB.

We accept payments by credit card and PayPal. In order to process your payments, we transmit your data to our payment provider PAY PAL and STRIPE via a secure connection after the order has been completed.

a) Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimise yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.

b) Payment by credit card: Your credit card account will be charged immediately after completion of the payment process. All entries and checks regarding your payment are made and stored by the payment processor STRIPE GmbH (Stripe, 510 Townsend Street, San Francisco, CA 94103, USA /stripe.com).

All payments are to be made to Aníce without deduction. A payment shall only be deemed to have been made when we can freely dispose of the amount.

Offsetting is excluded unless the offsetting claim is undisputed or legally established or recognised by us in writing. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling you to refuse performance or if rights are asserted due to a defect.

General Discount Policy:

a) Unfortunately, discount codes cannot be taken into account retrospectively.
b) Discount codes are not applicable to reduced items.

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§9 Warranty & Liability

 

The warranty is governed by the statutory provisions. In the case of complaints, we request proof of the date of purchase by means of an invoice and the sending of the article complained about together with a copy of the invoice to Anice, Theresienstr. 56, D-80333 Munich. Normal wear and tear of the goods do not justify a warranty claim.
You have the right to subsequent fulfilment and the right to withdraw from the contract or to reduce the purchase price to the extent provided by law.
We do not accept any liability for damage and defects resulting from improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by an unauthorised service partner.

The warranty period for material defects vis-à-vis entrepreneurs is reduced to 1 year, unless there is a case of mandatory liability, as provided for in particular in § 478 of the German Civil Code (BGB). Claims for damages shall also remain unaffected by the shortened limitation period.

If the customer is an entrepreneur, he shall inspect the services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, he shall notify us thereof without delay. If the customer fails to notify us, the performance shall be deemed to have been approved, unless the defect was not recognisable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the performance shall be deemed approved also in view of this defect. The timely dispatch of the notification shall be sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects shall not apply if a defect was fraudulently concealed or the customer is a consumer.

Further claims, in particular for consequential damages, are excluded. This does not apply in the case of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your statutory right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust. The risk of accidental loss and accidental deterioration of the goods in the case of a mail order purchase shall pass to you or a recipient selected by you upon handover of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover to the shipping person.

We exclude our liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual duties, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of our vicarious agents. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, we and our vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.
 

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§10 Care

 

Please follow the washing instructions which you will find on the labels of the items. If care instructions are not followed correctly, changes are made to the products or care materials are used which we have advised against or which we have expressly declared to be incompatible with the items or which do not meet at least average quality requirements, there is no case of warranty.

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§11 Retention of title

 

The delivered goods remain our property until full payment has been made. If you are in default with the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand from you the return of the goods not yet paid for. You are obliged to treat the goods not yet paid for with care.

 

§12 Data protection, advertising by e-mail

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We strictly adhere to data protection. You agree to the storage, processing and use of the personal data transmitted to us through your order in accordance with the provisions of the German Data Protection Regulation (DSGVO) for the processing of your order.

We store your order and address data for use in the context of order processing (also by transmission to the order processing partners or shipping partners used), for possible warranty cases and for product recommendations to customers in accordance with the content of our data protection declaration and the applicable laws on data protection.

Our data protection declaration and our cookie policy can also be found as a link on our website www.weareanice.com.

In the event of a contract being concluded, we will send you advertising for similar goods by e-mail from time to time.

If you do not wish to receive such advertising e-mails, you can object to this use of your e-mail address at the following e-mail address:

hello@weareanice.com

 

§13 Right of information, revocation and objection in accordance with the General Data Protection Regulation (DSGVO)

 

You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.
You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and business data processing.
You can also object to the collection, processing or use of your personal data at any time if an examination shows that your interest worthy of protection due to your particular personal situation outweighs the interest of the data controller in the collection, processing or use. This does not apply if a legal provision authorises or obliges the collection, processing or use.
Furthermore, you generally have the right to revoke your previously given consent to the collection, processing and use of your personal data at any time with effect for the future.

Further information or explanations on data protection can be obtained from Anice's data protection officer, who can be contacted at Theresienstr. 56, 80333 Munich or by e-mail at hello@weareanice.com or by telephone on the customer service number +49 151 18415398. Please also contact the data protection officer if you wish to exercise your right of objection or revocation in accordance with the DSVGO.

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§14 Applicable law

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All disputes arising from or on the basis of this agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

The place of jurisdiction for all claims arising from or on the basis of this business relationship, including those arising from bills of exchange and cheques, is Hersbruck, insofar as you are a merchant within the meaning of commercial law, i.e. not a consumer. In this case we are also entitled to take legal action at the court responsible for your registered office.

 

§15 Final clause

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The contract remains binding in its remaining parts even if individual conditions are invalid. Should a provision be invalid in whole or in part, the contracting parties shall immediately endeavour to achieve the economic success sought by the invalid provision in another legally permissible manner.

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§16 Out-of-court dispute resolution according to VSBG

 

From 1 February 2017, a new German regulation in the Act on Alternative Dispute Resolution in Consumer Matters (VSBG), will come into force. According to this law, every consumer has in principle the right vis-à-vis a trader to call in an out-of-court dispute resolution body in the event of disputes about a consumer contract that cannot be resolved amicably. Whether the entrepreneur is obliged to participate in the out-of-court dispute resolution procedure is determined by the law.

We hereby expressly declare in accordance with § 36 Para. 1 No. 1 VSBG that we are not obliged and therefore not willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board in accordance with the VSBG.

§17 Provider information

Anice.

Parkstraße 82

90571 Schwaig

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Tel.: +49 160 955 877 09

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Responsible person: Elmar Zapf
Commercial register: Hersbruck Local Court;
VAT ID No.: DE 318868035

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e-Mail: hello@weareanice.com

 

Status: 2024