General Terms and Conditions (GTC) of DEPARTMENTGREEN GmbH, Am Weiher 4a, 63505 Langenselbold, Germany, for the online shop www.george-gina-lucy.com – (As of 01.01.2025)

1. Scope

DEPARTMENTGREEN GmbH ("we", "us") operates an online shop for GEORGE GINA & LUCY products at the website www.george-gina-lucy.com. These General Terms and Conditions (GTC) apply to all orders placed through the website as well as to our deliveries and services. Only the GTC in their version valid at the time of the order are applicable. We only recognize diferent or supplementary regulations if we have expressly agreed to them in writing.

Our products are exclusively intended for consumers ("you", "your") within the meaning of §13 BGB. We only deliver in standard household quantities. By placing the order, the customer confirms that they are acting as a consumer. Diferent national regulations in the purchaser's country of residence are not applicable unless they are mandatory.

2. Conclusion of Contract

• Contract Languages

The contract is concluded in either German or English.

2.2 Contracting Party

DEPARTMENTGREEN GmbH

Am Weiher 4a

D-63505 Langenselbold (Germany) Register Court: AG Hanau, HRB 91307 VAT Identification Number: DE814215748 Managing Director: Nicolas Neuhaus

Content Responsible in accordance with §55 RStV: Nicolas Neuhaus, Am Weiher 4a, 63505 Langenselbold, Germany.

We do not participate in dispute resolution procedures before consumer arbitration boards. The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/odr.

2.3 Product Display and Prices

Product images are for illustrative purposes and may slightly difer from the actual products, particularly due to screen color representation. Such variations do not constitute a defect. We reserve the right to make changes to the products, especially to improve functionality and quality, provided these changes do not significantly afect the use of the product and do not constitute a defect.

The prices listed on the website at the time of order apply. If you provide a billing and delivery address within the EU, the prices are indicated in EUR and include the applicable VAT. For billing and delivery addresses in Switzerland, prices in EUR are net and do not include Swiss VAT. For billing and delivery addresses outside the EU (including Norway & the UK), prices are net in USD and do not include VAT or sales tax.

Depending on the regulations of the respective country, VAT or sales taxes, as well as customs and handling fees, may be levied by the relevant authorities or shipping service providers. You can inquire about tax, customs, or fee exemptions with the respective authorities.

Shipping costs are not included and will be calculated separately (see section 3. & 4.).

2.4 Conclusion of Contract

• Offer

The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. You make an ofer by completing all necessary information in the order process and submitting the order form by clicking the "Submit Order" button. Before final submission, you will have the opportunity to review and, if necessary, correct your entered data.

2.4.2 Order Confirmation and Acceptance

After submitting your order, you will receive an automatic email confirming the receipt of your order. This order confirmation does not constitute acceptance of your ofer. The contract is concluded only when we ship the goods and notify you accordingly.

We reserve the right to review any customer order and to reject orders at our sole discretion. A rejection may occur, in particular, if there are justified indications that the goods ordered are intended for commercial resale, or if technical tools, such as automation software (bots), were used during the order process. In case of non-acceptance of an order, we are not obliged to provide a separate justification or explanation.

We reserve the right to reject an order if circumstances arise or are suspected that raise doubts about the legality or appropriateness of the order.

2.5 Payment Terms

Payment is made at the customer's choice using the payment methods specified during the ordering process. When selecting PayPal or Shopify Payments, the respective terms and conditions of these providers apply. The payment transaction is carried out after the completion of the order.

If payment is made via PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal Terms of Use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

During the ordering process, you will be redirected to the PayPal website. To pay the invoice amount via PayPal, you must be registered there, or first register, authenticate with your login data, and confirm the payment instruction to us. After submitting the order in the shop, we will instruct PayPal to initiate the payment transaction. The payment transaction will be carried out by PayPal immediately thereafter. Further information will be provided during the ordering process.

If a payment method ofered through "Shopify Payments" is selected, the payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods ofered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services for processing payments, for which special payment conditions may apply. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

3. Delivery Conditions, Delivery Times & Risks

The goods will be ready for shipment no later than the next working day after your order. We bear the risk of shipment until the goods are handed over to you, a third party nominated by you, or a specified drop-of location. Shipping options and costs will be displayed during the order process. By default, delivery within Germany and Austria is handled by DHL & UPS, while within the EU and Europe it is handled by UPS. Delivery to certain countries is exclusively via UPS Express (Saver). The exact costs will be displayed during the ordering process.

4. Right of Withdrawal

• Right of Withdrawal for Consumers & Exercise of the Right of Withdrawal

Consumers within the meaning of §13 BGB have the right to withdraw from the contract within 14 days without providing a reason. Under the conditions of section 4.2, we voluntarily extend this 14-day withdrawal period in accordance with §312g and §355 Abs. 1 S. 1 BGB to 30 days for orders within the EU. For orders outside the EU, the withdrawal period is 30 days without requiring a reason.

The withdrawal period begins on the day the customer or a third party designated by them, receives the last of the goods. The withdrawal must be addressed to us, Departmentgreen GmbH (see section 2.2). It must be made in writing and can be sent to us by mail (see the address in section 2.2) or by email to info@departmentgreen.com.

• Consequences of Withdrawal / Reimbursement of Payments and Shipping Costs

If you are a consumer within the meaning of §13 BGB, we will refund all payments for the goods, including delivery costs, in the event of a withdrawal or partial withdrawal according to the following regulations:

If you are located within the EU, we will refund shipping costs as follows:

• In the case of a full withdrawal, we will refund the shipping costs in full, provided you selected the cheapest standard shipping option. If you chose a more expensive shipping method, such as express shipping, we will only refund the amount that would have been incurred with the cheapest standard shipping option.
• In the case of partial withdrawal, where only part of the goods delivered is returned, the following rules apply for the refund of shipping costs:
  • If shipping costs were charged as a flat rate and you keep part of the order, no refund of shipping costs will be
  • If the partial withdrawal results in the order falling below the free shipping threshold, a credit will be issued for the value of the returned items, minus the shipping costs that would have been incurred if only the retained goods had been ordered. If you selected a more expensive shipping method than standard shipping, the cost of the chosen shipping option will be deducted from the total refund.

If you are located outside the EU, shipping costs will not be refunded. In the case of a partial withdrawal where only part of the goods is returned, and the free shipping threshold is undercut, a credit will be issued for the value of the returned items, minus the shipping costs that would have been incurred if only the retained goods had been ordered. If you selected a more expensive shipping method than standard shipping, the cost of the chosen shipping option will be deducted from the total refund.

We do not refund any sales taxes, customs duties, or handling fees levied by the authorities or the shipping service provider during delivery.

4.1.2 Return and Refund

For both EU and non-EU withdrawals, you must return the goods immediately and no later than 30 days from the order's arrival date. The deadline is considered met if the goods are shipped before the 30-day period expires. The date on the receipt issued upon handing over the goods to the shipping company will serve as proof. You will receive the refund after we have received the returned goods.

For the refund, we will use the same payment method that you used in the original transaction unless something else has been explicitly agreed with you.

In the case of withdrawal or partial withdrawal, you bear the return shipping costs (EU & Non-EU). If we provide you with a return label (DHL) at your request, the associated costs of €3,95 for Germany and €8,95for Austria will be deducted from the refund amount. Costs for other EU countries may be higher.

If you return goods from a third country (countries not belonging to the EU/European Union), you must ensure that the shipment is accompanied by a properly completed customs declaration (a template can be requested from us). The return shipment or customs declaration must be explicitly marked as a "return" and ensure that no customs duties or import VAT are imposed on us. Additionally, the original purchase receipt must be included with the shipment to allow customs to understand the package content and the reason for the return. If customs duties or import fees arise due to an incorrectly completed customs declaration or missing documents, we reserve the right to claim these costs and deduct them from any refund due.

 

4.2 Voluntary Right of Withdrawal and Partial Withdrawal

We voluntarily extend the 14-day withdrawal period according to §312g, §355 Abs. 1 S. 1 BGB to 30 days for orders within the EU but reserve the right in this case, unlike in section 4.2.1 (a), to fully deduct the shipping costs from the refund in the event of withdrawal or partial withdrawal. If the partial withdrawal results in the free shipping threshold being undercut, a credit will be issued for the returned items, minus the shipping costs that would have been incurred if only the retained goods had been ordered. If you chose a more expensive shipping method than standard shipping, the cost of the customer's chosen shipping option will be deducted from the refund. The remaining provisions apply analogously to sections 4.2.1 and 4.2.2.

4.3 Refusal to Accept Goods

If you refuse to accept the goods without prior withdrawal or another valid reason, you will bear the return shipping costs as well as any shipping costs (outbound costs). A valid reason for refusing acceptance does not exist if you refuse the goods due to additional costs incurred by local sales taxes, customs duties, or handling fees for shipments to a third country (Non-EU).

5. Warranty

For all products we deliver with a billing and delivery address within the EU, the statutory warranty according to § 437 f. BGB applies. The warranty covers defects that were already present at the time of delivery of the product. The statutory warranty period is two years from the date of delivery of the goods. Within the first 12 months, it is assumed that the defect already existed at the time of delivery unless proven otherwise. After this 12-month period, you bear the burden of proof that the defect existed at the time of purchase and was not caused by natural wear and tear or improper use.

For all products we deliver with a billing and delivery address outside the EU (Non-EU countries), the statutory warranty is limited to one year from the date of delivery of the goods. The warranty covers defects that were already present at the time of delivery of the product. Within the first 12 months, it is assumed that the defect already existed at the time of delivery unless proven otherwise. You bear the cost of shipping the product to us as part of a warranty claim. However, we will cover the cost of return shipping after successful repair or replacement of the product. If we are unable to repair or replace the product, we will refund you the full purchase price without deductions. The costs for shipping to us will not be refunded in this case. Refunds of any sales taxes, customs duties, or handling fees imposed by authorities or shipping service providers during delivery will generally not be refunded by us.

Normal wear and tear, such as scratches, discoloration due to sun exposure, wear at the edges (e.g., on handles, straps, metal parts, or linings), etc., is excluded from the warranty.

For orders delivered to countries outside the European Union, the provisions of German law apply under the terms of our GTC. To the extent permitted under local law, we expressly exclude any implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. A warranty is only granted under the conditions expressly stated in these GTC.

6. Data Storage

We explicitly point out that, for the fulfillment of the contract, data such as names, addresses, phone and fax numbers, email addresses, and bank details will be stored on data carriers for automated management (e.g., accounting, customer management). Your data will not be passed on to third parties unless this is necessary for the enforcement of claims or for the processing of the order by the responsible delivery company.

7. Data Protection and Advertising

Your personal data will be processed in accordance with the applicable data protection regulations. You consent to the storage of your data for the purpose of contract processing and the occasional sending of product information. You can revoke this consent to the sending of product information at any time without giving any reason by simply notifying us.

8. Severability Clause

If individual provisions of these GTC are or become invalid or unenforceable, the validity of the remaining provisions remains unafected. The invalid or unenforceable provision is to be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

9. Place of Fulfillment, Applicable Law, and Jurisdiction

German law applies to the exclusion of the UN Sales Law. The place of fulfillment and jurisdiction is Langenselbold, Germany.