Terms and Conditions
General terms and conditions of business
1. General
The terms and conditions listed here apply to all contracts concluded between
VON SCHWANENFLÜGEL
Eleonore von Schwanenflügel
Fehrbelliner Str. 47f
10119 Berlin
and our customers using means of distance communication, such as the Internet, in particular our online shop available at http://www.vonschwanenfluegel.de/ , or by telephone.
The following General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between VON SCHWANENFLÜGEL and our customers. Any deviating terms and conditions and contractual offers from the customer are hereby rejected.
2. Offer / presentation of goods
Our offer is non-binding; minor deviations and technical changes from the illustrations or descriptions are possible. The current catalog applies. The subject of the delivery or service are the goods offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the respective items offered, not to any accessories or decorations shown.
3. Process of orders via the online shop, conclusion of the contract, contract language
When ordering through our online shop, the ordering process consists of four steps. In the first step, you select the desired products. In the second step, you enter your customer information, including your billing address and any different delivery address. In the third step, you select your payment method. In the final step, you have the opportunity to review all information (e.g., name, address, payment method, ordered items) and correct it if necessary before submitting your order to us by clicking "buy." We will also send you an order confirmation and an order confirmation containing all order details and our general terms and conditions to the email address you provided.
By placing your order, you submit a binding offer to us to conclude a contract for the purchase of the ordered goods. You will first receive confirmation of receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the ordered goods are dispatched, unless you choose an instant payment system (e.g., PayPal, Sofortüberweisung) to pay the purchase price. In this case, the contract is concluded with the corresponding payment instruction to the relevant payment service provider.
The contract language is German.
4. Retention of title
The delivered goods remain our property until all claims against you arising from the relevant contractual relationship have been paid in full.
5. Delivery and payment, offsetting and retention rights
VON SCHWANENFLÜGEL's delivery and payment terms are set out in more detail under Payment and Delivery Terms.
There is no minimum order value. All our prices include VAT.
We reserve the right to make partial deliveries if this appears advantageous for a speedy processing.
The flat rate shipping within Germany is €6.20, unless otherwise stated. Shipping is free for orders over €50. Shipping costs for other countries can be found here. Special shipping options requested by our customers will be subject to a local and industry-standard surcharge.
Payment can be made by credit card, PayPal, or direct bank transfer. If you use an instant payment system (e.g., PayPal) as your payment method, you will be redirected to the payment service provider's website. You can make the payment there.
Our customers are only entitled to offsetting if their counterclaims have been acknowledged by us or have been legally established, or if the counterclaims arise from the same contractual relationship. A right of retention may only be exercised if the claims arise from the same contractual relationship.
6. Delivery times
The goods will be dispatched within 7 working days. If the goods are not in stock when ordered, we will endeavor to deliver them as quickly as possible and notify you accordingly. If failure to meet a delivery or service deadline is due to force majeure, industrial action, unforeseeable obstacles, or other circumstances beyond our control, the deadline will be extended accordingly. If the delivery deadline is not met for reasons other than those stated above, the buyer is entitled to set a reasonable grace period in writing, by email, or by telephone, threatening to refuse delivery, and upon its unsuccessful expiration, to withdraw from the contract with regard to the delivery or service in question.
If we are unable to deliver the ordered goods through no fault of our own because the supplier we use fails to fulfill its contractual obligations to us, we are entitled to withdraw from the contract with businesses. However, this right of withdrawal only applies if we have a binding agreement with the supplier in question to deliver the goods on time and in sufficient quantity, and if we are not otherwise responsible for the non-delivery. In this case, we will inform you immediately that the ordered goods cannot be delivered or cannot be delivered as agreed. We will immediately refund any consideration already provided. Claims for damages due to delay, impossibility, or non-performance, including those arising up to the time of withdrawal from the contract, are excluded in these cases, unless VON SCHWANENFLÜGEL acted intentionally or with gross negligence.
7. Right of withdrawal
If you conclude a contract as a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions:
– Cancellation policy -
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day
- on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered as a single order;
- on which you or a third party other than the carrier designated by you took possession of the last good, provided that you have ordered several goods as part of a single order and these are delivered separately;
To exercise your right of withdrawal, you must inform us (VON SCHWANENFLÜGEL, Eleonore von Schwanenfluegel, Fehrbelliner Straße 47F, 10119 Berlin; Telephone: +49 30 89 390 325; Email: shop@vonschwanenfluegel.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Non-existence of a right of withdrawal
There is no right of withdrawal for contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- End of cancellation policy -
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– On
VON SCHWANENFLÜGEL
Eleonore Von Schwanenflügel
Fehrbelliner Strasse 47F
10119 Berlin
Email: shop@vonschwanenfluegel.de
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date ___________
8. Return
It is best to return the items in their original packaging or in a solid cardboard box, although this is not a prerequisite for exercising your right of withdrawal.
9. Transfer of risk
The risk shall pass from VON SCHWANENFLÜGEL to the buyer upon receipt of the goods at the buyer's premises; shipping shall not be at the buyer's risk.
10. Warranty
VON SCHWANENFLÜGEL warrants that the goods sold are free from material and manufacturing defects at the time of transfer of risk and that they meet the contractually guaranteed characteristics. Obvious defects must be reported to us in writing, by email, or by telephone upon discovery; otherwise, the warranty for these defects is void. We are liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The warranty does not extend to normal wear and tear; claims for defects expire one year from delivery to the customer.
11. Data storage
According to Pursuant to Section 28 of the Federal Data Protection Act (BDSG), we hereby inform you that the data required for business transactions will be processed and stored using an IT system in accordance with Section 33 of the BDSG. Personal data will, of course, be treated confidentially and only shared for the purpose of operating our online shop and executing the contract. Detailed information can be found in the Data Protection section.
12. Note regarding the EU platform for online dispute resolution
The EU Commission has provided a platform for online dispute resolution ("ODR platform"). This platform is intended to facilitate the out-of-court settlement of consumer disputes arising from contractual obligations in online sales contracts. Please use the following link: http://ec.europa.eu/consumers/odr.
As a matter of principle, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
13. Applicable law, place of jurisdiction
Contracts between VON SCHWANENFLÜGEL and our customers are subject to the laws of the Federal Republic of Germany.
If the customer is a merchant or a legal entity under public law or if the customer does not have a general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and VON SCHWANENFLÜGEL is the registered office of VON SCHWANENFLÜGEL.
Any invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.
As of February 2025