General terms and conditions

§ 1 General

Görtz-Welsch Modedesign GmbH , Hans-Böckler Str. 23 , 33334 Gütersloh , Managing Directors Annette Görtz-Welsch, Hans-Jörg Welsch, Maximilian Welsch, Telephone +49 5241 5390-0 info@annettegoertz.com (hereinafter referred to as "annette görtz" or "we"), operates an online shop at the Internet address www.annettegoertz.com (hereinafter referred to as the "website"). For all orders placed via the Website and for our deliveries and services, the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. We do not recognise any deviating provisions of the customer unless we have agreed to their validity in writing. The European Commission provides a platform for the out-of-court settlement of disputes online (ODR platform), which can be accessed at http://ec.europa.eu/odr. We are not willing to participate in dispute resolution proceedings before consumer arbitration boards.

§ 2 Conclusion of contract

The languages available for the conclusion of the contract depend on the selection of the country of delivery (destination): Delivery country Available languages Germany German, English Austria German, English Switzerland German, English Italy German, English France German, English Netherlands German, English Other EU Member States German, English

2. the presentation of the goods on our website does not constitute an offer by annette görtz to conclude a purchase contract. By sending the order form provided on our website to us, you are making a binding offer to conclude a purchase contract with us. You make the offer by entering all the required details during the ordering process and finally sending the order form to us by pressing the "Send order" button. Before submitting the offer, you will receive an overview of the information you have provided and the opportunity to correct any input errors.

4. upon receipt of your order by us, we will send you an e-mail confirming receipt of your order by us and listing the details of your order (order confirmation). Please note that this order confirmation does not constitute a declaration of acceptance of your contractual offer, but is for information purposes only. The purchase contract between you and annette görtz is only concluded when we accept the offer by sending the ordered goods. In the case of advance payment, the goods will only be sent after the full amount has been credited to our account. 6. annette görtz is entitled to reject an offer from you without stating reasons, in particular if there is reasonable suspicion that the goods purchased via the Internet are to be resold commercially.

§ 3 Cancellation policy

The right of withdrawal applies exclusively to consumers in accordance with § 13 BGB.

RIGHT OF REVOCATION

You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us, Görtz-Welsch Modedesign GmbH, Hans-Böckler Str. 23, 33334 Gütersloh, Germany, sales@annettegoertz.com, telephone +49 5241 5390-0, fax: +49 5241 5390-19, by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form, which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

CONSEQUENCES OF REVOCATION

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days. We will bear the 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 for testing the quality, characteristics and functioning of the goods.

REASONS FOR EXCLUSION OR CANCELLATION OF THE RIGHT OF REVOCATION

The right of withdrawal only applies to items that have not been personalised or modified. The right of withdrawal expires for personalised products.

End of the cancellation policy

Sample cancellation form

A version of the model cancellation form is available for download here. In addition, we will send you a version of the model cancellation form immediately after conclusion of the contract.

§ 4 Voluntary right of return

1. annette görtz offers you the following voluntary right of return irrespective of the right of withdrawal to which you are entitled by law: All products from annette görtz can be returned to annette görtz within 30 days of receipt of the goods. However, the right of return only applies to unworn, unwashed and faultless items from which the labels have not been removed. Any loss in value of the goods due to wearing, washing, or causing other signs of use as well as removal of the security label, removal/damage of the original packaging, accessories or similar will therefore result in the return being rejected, as we cannot offer these items for sale again. In this case, the goods will be returned to the customer without a refund of the purchase price.

2. return

2.1 We shall bear the costs of the return shipment, provided that the following provisions are complied with.

2.2 The return of the goods shall be made exclusively with the shipping service provider via which the package was delivered (DHL or UPS), whereby the consignment note or label in the package must be used. All documents that may be helpful to you for the return are enclosed in your package.

2.3 Please note that we can only accept returns from the respective country of delivery. For example, if the delivery was made to Austria, the return may also only be initiated from Austria.

2.4 In the event of a return, a credit will be made to your account/card, any losses due to currency fluctuations will not be refunded.

2.5 The return must be sent to Görtz-Welsch Modedesign GmbH, Hans-Böckler Str. 23, 33334 Gütersloh, Germany, sales@annettegoertz.com

3. if you have any questions about your right of return, please contact our customer service: E-mail: sales@annettegoertz.com Phone: +49 5241 53 90 -0 Fax: ++49 5241 53 90 -19 4. please note that the 30-day return policy does not apply to carbon neutral delivery contributions. This voluntary right of return does not limit your statutory rights and therefore does not limit your right of withdrawal as set out above.

§ 5 Prices; Product Presentation; Availability; Gift Card; Promotion Code

1. the prices stated on our website www.annettegoertz.com / www.annettegoertz.net apply at the time of your order.

2. the goods offered under annette görtz are shown on the internet site in the form of digital photographs of the real existing goods. Minor deviations between the representation and reality do not constitute a defect in the ordered goods. If you have ordered several products at the same time, the individual products can be delivered at different times. § 266 BGB remains unaffected. Shipping costs are only charged once here.

4. gift card 4.1 The Gift Card is valid for an unlimited period from the date of purchase and is applicable to the purchase of all items except further Gift Cards.

4.2 The exchange or payment of your Gift Card is excluded outside the statutory rights of return and withdrawal to which you are entitled.

4.3 The Gift Card is available in the respective currency of our delivery countries and can only be redeemed in the selected destination country.

4.4 When purchasing the Gift Card, you can choose between two options: Either Gift Card by e-mail or Gift Card by post.

4.5 annette görtz reserves the right to cancel or block the Gift Card if there is a justified reason for such action, for example in the event of loss or misuse of the Gift Card. annette görtz will inform you of the cancellation or blocking of the Gift Card.

5. promotion code

5.1 Promotion Codes have different durations and are applicable to the purchase of all items except Gift Cards. The specific duration of your Promotion Code can be found in the document that also contains the Promotion Code.

5.2 The exchange or payment of promotion codes that you have received from annette görtz as part of marketing campaigns or as a gesture of goodwill is excluded. A payout of other promotion codes is also excluded outside the rights of return and withdrawal to which you are entitled by law.

5.3 annette görtz reserves the right to cancel or block the Promotion Code if there is a justifiable reason for such action, for example in the event of loss or misuse of the Promotion Code. annette görtz will inform you of the cancellation or blocking of the Promotion Code.

5.4 Information on returning items from orders with a Promotion Code: If you exercise your right of cancellation or voluntary return, you will be refunded the discounted purchase price. If you revoke or return an item from an order that originally contained several items, the value of the Promotion Code will be deducted proportionately from the total price of the item and you will receive the corresponding refund. The Promotion Code will expire in proportion to the value of the returned item. If all items are cancelled or returned, the Promotion Code will expire and the amount originally paid will be refunded. There is no entitlement to a refund or replacement of a promotional code from a promotion.

§ 7 Delivery & Shipping

1. worldwide shipping is done with DHL, in France and Italy there is the possibility to choose between DHL Express and UPS Standard. In Germany, there is the option to choose between DHL Express, DHL Standard and UPS Express as well as UPS Standard. The transport risk is borne by annette görtz. The goods are ready for dispatch on the day following your order at the latest. Unless otherwise agreed, delivery will be made within 1 to 5 working days to the delivery address specified by the customer, depending on the choice of shipping method and delivery location. If payment is made in advance, delivery will only be made after the full purchase price has been credited to our account.

4. shipping costs Delivery country Shipping method Shipping costs Delivery times Germany DHL Express 19,00 EUR 1-2 workdays Germany DHL Standard 0 € 1-3 workdays European Union DHL Express 19,00 EUR 1-2 workdays § 6 Storage of the text of the contract We store your order data. If you would like a printout of your order, you have the option of printing out a "confirmation of receipt". This will appear on your screen after you have sent the order to us by clicking the "Complete Order" button and your credit card details have been successfully checked. In addition, you will receive the order confirmation with all the specified data by e-mail as well as a version of the sample cancellation form which can also be printed out.

§ 8 Payment; Default in Payment; Set-Off; Right of Retention

1. accepted payment methods

You can pay for your order at annette görtz in Germany by: · Prepayment · PayPal · Credit card o Visa o Visa Debit o Master Card o Master Card Debit · SOFORT bank transfer All payments as well as credits are processed in the currency underlying the purchase (see also Currencies).

2. payment by gift card

2.1 Payment by Gift Card is made by entering the Gift Card Code in the field provided for this purpose during the ordering process and then clicking the "Apply Code" button ("Shopping Basket" ordering step). If the order value exceeds the value of the Gift Card Code, you must also select one of the payment methods offered with which you wish to settle the remaining amount. If the value of the Gift Card code is higher than the order value, you can use the same code again for your next purchases until the credit of the Gift Card is completely used up. Cash payment of the Gift Card is not possible.

3. payment by promotion code

3.1 Payment by promotion code is made by entering the promotion code in the field provided for this purpose during the ordering process and then clicking the "Apply code" button ("Shopping basket" ordering step). If the order value exceeds the value of the promotion code, you must also select one of the payment methods offered with which you wish to settle the remaining amount.

4. set-off Offsetting by the customer is excluded unless the counterclaim has been legally established, is ready for a decision or is undisputed or includes a claim for compensation for defect rectification costs from the same contractual relationship.

5. right of retention in commercial transactions In commercial transactions, a right of retention and a right to refuse performance on the part of the buyer are excluded with the exception of undisputed, legally established counterclaims or claims arising from the rectification of defects from the same contract.

§ 9 Retention of title

The delivered goods shall remain the property of annette görtz until payment has been made in full. § 10 Questions about the order or complaints Please direct any questions about your order or complaints to our customer service: E-mail: sales@annettegoertz.com Phone: +49 5241 53 90 -0 Fax: ++49 5241 53 90 -19

§ 11 Warranty

The statutory provisions shall apply to claims based on defects of the delivered goods, with the exception that a claim for damages based on a defect shall only exist in accordance with the following § 12.

§ 12 Liability

We shall be liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a primary performance obligation or a secondary obligation, the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer could rely ("essential obligation"), our liability shall be limited to foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of contractual obligations that do not belong to the essential obligations.

2. liability in the event of fraudulent concealment of defects or in the event of the assumption of a guarantee of quality as well as liability for claims based on the Product Liability Act and for damages arising from injury to life, limb or health shall remain unaffected by this. This does not imply a change in the burden of proof to the detriment of the customer.

3. insofar as the liability of annette görtz is excluded or limited, this shall also apply to the personal liability of employees, workers, staff, representatives and vicarious agents.

§ 13 Choice of law, effectiveness

(1) All legal disputes arising from or in connection with the purchase contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.

PAYMENT

  • Payment by credit card or debit card
  • Payment via PayPal
  • Payment via SOFORT bank transfer
  • Payment in advance
  • Payment by Gift Card/Promotion Code

CURRENCIES

Payments and reimbursements are settled in euros (EUR).

PAYMENT BY CREDIT CARD OR DEBIT CARD

Select "Card" in the order step "Payment method". You may be charged transfer and processing fees by your respective bank. In this case, annette görtz will not refund the corresponding fees. We accept the following credit and debit cards: Error! No file name was specified. Enter your card details on our payment page. annette görtz has state-of-the-art security server software with SSL encryption, which protects your card details against interception and manipulation during transmission. The order amount is held as a payment reservation on your card until the order is either shipped (at which point the amount is posted) or the order is cancelled (at which point the amount is released). New verification process for credit card payments Since the beginning of 2021, the new EU Payment Services Directive (PSD2) for even more security in online payments has come into force. The PSD2 directive protects your credit card information through so-called two-factor authentication. With this process, you confirm your identity and exclude that the credit card is used by the holder and not by third parties. This means that even if your smartphone, computer or credit card is stolen or lost, you can now be sure that no online payments can be made with it. For more information on the PSD2 directive, please visit ecb.europa.eu. Since January 2021, banks are obliged to check two-factor authentication for online payments above a certain amount. If you have problems with your credit card payment, please contact your bank to find out if your card is already registered for two-factor authentication. If this is not the case, your bank will be able to explain the necessary steps to you. In the meantime, to avoid any problems with the payment processing of your annette görtz orders, we recommend that you choose an alternative payment option, as this new verification process only exists in connection with credit cards. You will find an overview of the alternative payment options below. Please note that, depending on your bank, you can add annette görtz to your list of trusted shops. This would eliminate the need for additional verification for future purchases from us. Please contact your bank for more information. Payment with Visa or Mastercard The system checks whether the credit card or debit card participates in the 3-D security programmes Verified by Visa or Mastercard SecureCode. These are security procedures developed specifically for these types of cards that check whether the legitimate cardholder and the legitimate online merchant are actually participating in a transaction. If a credit card holder is registered with the 3-D Secure procedure via one of the registration methods, an additional query screen opens after the card data has been entered. This screen is connected to your bank and additionally asks you to enter the "Secure Code" (a password chosen by you). The transaction will only be carried out with the correct password. If your credit card is not registered for any of these procedures, the payment will be made without further authentication. You can find more information about credit card security procedures on: Verified by Visa or Mastercard SecureCode The following applies to all payments by credit card or debit card: credits from returns are always credited back to the credit card used for the purchase.

PAYMENT BY PAYPAL

Select "PayPal" in the order step "Payment method". You will automatically be redirected to PayPal. If you are already a PayPal customer, you can log in there with your user data and confirm the payment. If you do not yet have a PayPal account, you can open a PayPal account and then confirm the payment. Credits from returns are always credited back to the PayPal account used for the purchase.

PAYMENT BY IMMEDIATE BANK TRANSFER

SOFORT Überweisung is a direct transfer method and allows you to pay quickly and without additional registration. All you need is a bank account and online banking access. Select "SOFORT Überweisung" in the order step "Payment". You will then be redirected to the secure payment form of SOFORT Überweisung and release the automatically completed transfer form there using your usual online banking data. After the encrypted transfer, your successful payment is usually confirmed just a few moments later. Any transfer costs and bank charges are to be borne by the customer. Credit notes from returns will only be transferred back to the bank account from which the original order was paid.

PAYMENT IN ADVANCE

Select the "Prepayment" option as the payment method and complete the order. You will then receive an order confirmation by e-mail containing our bank details and your order number. After receiving the order confirmation, please transfer the total amount to our account within 48 hours. So that we can process your payment immediately, please state your order number as the reason for payment, which you have received from us by e-mail. Bank account Account holder: Görtz-Welsch Modedesign GmbH Sparkasse Gütersloh-Rietberg SORT CODE 478 500 65 Account 1003219 IBAN DE21 4785 0065 0001 0032 19 Any transfer costs and bank charges are to be borne by the customer. As soon as the payment has been received in our account, your order will be shipped. Refunds from returns will be refunded to the original payment method.

PAYMENT BY GIFT CARD/PROMOTION CODE

Simply go to the "shopping cart" and enter your gift card/annette görtz credit/code in the field provided. If the amount of the order exceeds your credit, the value of your Gift Card or the promotion, please select your desired payment method with which you would like to settle the remaining amount. If the value of your Gift Card or credit exceeds the amount of the order, you can use the same code again for your next purchase. The remaining amount is valid until you have used the value completely. annette görtz reserves the right to block Gift Cards or credit if they are misused.