Terms and Conditions
EVERYONES SECRET LICENSED BY NOHO I GMBH & CO. KG
The latest version of the Terms and Conditions for orders from https://everyones-secret.shop/ are also available at https://everyones-secret.shop/pages/terms-conditions.
- 1 Scope
- These Terms and Conditions apply to all orders placed via our online shop https://everyones-secret.shop/.
- Only these Terms and Conditions shall apply to our offers, orders, deliveries and other services. We object to the inclusion of terms and conditions provided by a customer that conflict with our Terms and Conditions.
- 2 Contract conclusion
- The offers in our online shop are aimed exclusively at persons who have reached the age of 18.
- The presentation of products in our online shop constitutes a non-binding invitation to order the goods via our online shop. It is not a binding offer on our part to conclude a purchase contract.
- By clicking the button ‘Pay now’, you submit a binding offer in the form of an order to conclude a purchase contract for the products displayed in the shopping basket. Before placing the order, you can check the contents of the shopping basket again and correct or change the order.
- As soon as we have received your order, you will receive a corresponding confirmation of receipt from us via an automatically generated email. This confirmation of receipt does not yet constitute acceptance of the offer made with the order to conclude a purchase contract. A contract with us is therefore not yet concluded via the confirmation of receipt.
- To place an order in our online shop you will go through the following steps:
- Click on the button ‘CHECK OUT’ in the shopping basket; Alternatively, you have the option to directly go to Shop PAy, Google or Pay PayPal;
- By clicking on the button ‘CHECK OUT’ you are led to the general order page on which you will go through the following steps;
- Step 1 – Information: Choice of the delivery address;
- Step 2 - Shipping: Choice of a shipping method;
- Step 3 – Payment: Choice of the payment method. Option to enter a deviating billing address;
- Step 4 – Review: All products in the shopping cart are displayed in an overview; it is possible to change the contents of the shopping cart and to correct any input errors;
- Step 5: Placing the order by clicking the button ‘Pay now’.
- A purchase contract for the ordered goods is only concluded when we have expressly declared acceptance of the order or when we have dispatched the goods to you. Your order can only be accepted by us up to the point in time at which you can expect to receive a response from us under regular circumstances. If payment is made in advance or by PayPal, the purchase contract is concluded immediately with your order.
- When submitting an offer via our online shop, the text of the contract will be stored by us after the conclusion of the contract and transmitted to you in text form (e.g. e-mail, fax or letter) after sending the order. We will not make the text of the contract accessible beyond this.
- 3 Right of withdrawal
- If you conclude the contract for purposes that can predominantly be attributed neither to your commercial nor to your freelance professional activity and are therefore a consumer, you are entitled to a statutory right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day an on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (EVERYONES SECRET LICENSED BY NOHO I GmbH & CO. KG C/O ONEVEST DEVELOPMENTS GMBH, Große Bleichen 35, 20354 Hamburg, Germany, email address: CONTACT@EVERYONES-SECRET.COM) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back the goods or hand them over to us or THE INTERNET SHOP C/O EVERYONES SECRET, Sternstraße 68, 20357 Hamburg, Germany without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- If you return goods to us within the withdrawal period without any further explanation, we will understand this as a declaration of withdrawal. You are at liberty to notify us of your withdrawal in another way.
- 4 Prices and payment
- The prices stated in our online shop include the statutory value added tax and, if applicable, other price components plus the respective shipping costs. The shipping costs are determined as follows:
GERMANY 7.5 €
EUROPE 15 €
INTERNATIONAL SHIPPING 30 €
- You may choose any of the following payment methods:
Pay Now - Klarna
Pay Later – Klarna
- The selection of the payment methods respectively available is made by us. In particular, we reserve the right to offer you only certain payment methods in order to hedge our credit risk in certain cases.
- 5 Delivery
- Unless otherwise agreed, the ordered goods will be delivered from our warehouse to the address you have provided.
- A delivery shall only be made in quantities customary for households.
- Generally, we do not assume the risk of having to procure ordered goods. This also applies to orders for goods that are only described in terms of their type and characteristics. We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
- We are entitled to withdraw from the contract insofar as we have not been supplied correctly or on time despite a proper order for the goods and are not responsible for the lack of availability of the goods in accordance with the provisions of § 9. We will inform you immediately if the ordered goods are not available on time and, in the event that we wish to withdraw from the contract due to this, we will exercise the right of withdrawal immediately. In the event of a withdrawal, we will immediately reimburse you for any payments already made.
- 6 Retention of title
We retain title to the goods until the purchase price has been paid in full.
- 7 Set-off and right of retention
- You shall only have the right to set-off for such claims that are undisputed or have been legally established.
- You may only exercise a right of retention insofar as it is based on the same contractual relationship.
- 8 Legal guarantee of conformity for goods
Your warranty claims in the event of defects are based on the statutory provisions.
- 9 Liability
- We shall be liable without limitation for intent and gross negligence including intent or gross negligence of our representatives or agents and for culpable injury to life, body or health.
- Apart from that, we shall only be liable in accordance with the Product Liability Act, in the event of culpable breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely, or insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods. In the event of a culpable breach of an essential contractual obligation, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
- A change in the burden of proof to the detriment of the customer is not associated with the above provision.
- 10 Alternative dispute resolution
- The European Commission provides an online platform for out-of-court dispute resolution. You can reach the dispute resolution platform under the following link: https://ec.europa.eu/consumers/odr
- In the event of a disagreement about our contract, we will endeavour to settle it amicably with you. We are not obliged any further to participate in a mediation procedure and do not participate in a mediation before a consumer mediation board.
- 11 Final Provisions
- The exclusive contract language is German.
- All contracts concluded with these Terms and Conditions shall be governed by German Law not including the United Nations Conventions on Contracts for the International Sale of Goods (CISG). This choice of law shall not affect mandatory consumer protection provisions of the country in which you have your habitual residence.
- Should any of these provisions be or become invalid, this shall not affect the validity of the remaining provisions.