Terms of Service

  1. scope

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed at consumers. Our online shop is aimed at consumers.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

  1. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Passion Intimates, a project of Open Mind Communication UG, Oldenburger Str. 6, 10551 Berlin.

The range of goods is aimed exclusively at buyers who have reached the age of 18.

Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. Before ordering, the contract data can be printed out using the browser’s print function or saved electronically. By clicking the order button and making additional payment, you are placing a binding order for the goods in the shopping cart. The confirmation of receipt of your order will be sent by email immediately after the order has been sent.

After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). The customer’s order is listed again in the confirmation of receipt. This confirmation of receipt does not yet constitute acceptance of your purchase offer.

A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer in the form of an invoice or when you receive the goods – without a prior express declaration of acceptance. The text of the contract is saved in compliance with data protection.

  1. Contract language, contract text storage

As for the language (s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

  1. delivery terms

The subject of the contract in our online shop is

  • Sales of goods. The specific goods offered can be found on our article pages.
  • Selling digital goods, such as software or media downloads. The specific digital goods offered can be found on our article pages.
  • The provision of services. The specific services offered can be found on our article pages.

The essential characteristics of the goods, digital goods and services can be found in the item description.

For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers. . The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all taxes.

We only deliver by post. Unfortunately, a self collection of the product is not possible.

Return costs are not accepted and are to be borne by the buyer. Any resulting fees (postage or similar) will be billed to the buyer.

Countries to which we deliver and the corresponding delivery costs are specified on our website.

  1. Paypment

The following payment methods are generally available in our shop:

Paypal

In the ordering process, the buyer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the buyer must be registered there or first register, legitimize with his access data and confirm the payment instruction to the seller. After placing the order in the shop, the seller asks PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.

Credit card
We accept the following credit cards: VISA, MasterCard, American Express and EuroCard. The customer selects the appropriate card during the purchase process and enters the required data in the fields provided. The credit card details are encrypted using SSL. This can be recognized by the “https” in the address bar in the browser on the payment pages. To increase the security of credit card payments, the credit card security procedure 3D-Secure is used. This procedure is called Verified by VISA for VISA cards and MasterCard Secure Code for MasterCard cards. If the customer’s credit card is 3D Secure enabled, he will be automatically redirected to his bank’s website. There he can confirm the transaction by entering his personal SecureCode and password. If the customer has not yet registered his credit card for the 3D Secure process, he can do so as part of the payment process. After the 3D-Secure authentication, he is automatically redirected to the shop.

Instant bank transfer SOFORT
Überweisung is SOFORT GmbH’s online transfer process. After the customer has chosen SOFORT as the payment method and confirmed the order, he will be forwarded to SOFORT. There he can carry out the online transfer with his online banking data or with his PIN and a TAN. SOFORT Überweisung meets the high security standards of online banking and has TÜV-certified data protection.

Klarna Pay Later (purchase on account):
Klarna is a payment service provider and licensed bank. When paying by Klarna Pay Later, the seller assigns the claim against the buyer to Klarna Bank AB. To do this, the customer is forwarded to the Klarna website to enter the necessary data in the fields provided and to confirm the payment. Klarna checks the buyer’s creditworthiness to determine whether a payment can be made on account. Klarna processes personal data that is left on the Klarna website for this purpose. In addition, Klarna can collect data about the buyer in order to check the creditworthiness. Based on the result of the check, Klarna will either confirm or reject the payment. This information is transmitted to the seller via the payment service provider.

Giropay
Giropay forwards you to your online bank where you can make your payment.

SEPA transfer
With this payment method, you pay for the goods with your SEPA bank transfer. The goods will only be shipped after we have received your payment, so the SEPA version is certainly the slowest payment method.

  1. Retention of title

The goods remain our property until full payment.

If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the following also applies:

  • We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or assignment by way of security is not permitted prior to the transfer of ownership of the goods subject to retention of title.
  • When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
  • You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claim. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.
  • We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
  1. Transport damage

If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

  1. Warranties and guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects applies.

The following applies to used goods: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of willful or grossly negligent breach of duty as well as malice
  • in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
  • as part of a guarantee promise, if agreed, or
  • as far as the scope of the product liability law is opened.

Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.

If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:

  • Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
  • You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within seven days of receipt of the goods. Timely dispatch of the notification of defects is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
  • In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  • If the supplementary performance fails twice, you can either demand a reduction in price or withdraw from the contract.
  • The warranty period is one year from date of delivery.
  1. liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, body or health
  • in the event of willful or grossly negligent breach of duty
  • for guarantee promises, if agreed, or
  • as far as the scope of the product liability law is opened.

In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.

Otherwise claims for damages are excluded.

  1. Right of withdrawal

As a consumer, you have a right of withdrawal. This is based on our Right of withdrawal.

  1. Dispute resolution

The European Commission provides a platform for online dispute resolution, which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

  1. Protection of minors

If your order includes goods, the sale of which is subject to age restrictions, we use a reliable process that includes a personal identity and

Age check ensures that the customer has reached the required minimum age. The deliverer only hands over the goods after the age check and only to the customer personally.

  1. Final provisions

The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole. The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole.

Berlin, May 30th, 2020

Passion Intimates a project of the Open Mind Communication UG (limited liability)