Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of CHANTÉ (support@chantee.de, hereinafter the “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter the “Customer”) concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade or profession.

1.3 Depending on the Seller’s product description, the subject of the contract may be the one-time supply of goods or the continuous supply of goods under a subscription agreement (hereinafter “Subscription Agreement”). Under a Subscription Agreement, the Seller undertakes to deliver the goods owed under the contract to the Customer at the contractually agreed intervals for the duration of the agreed term.

Incorrect address provided by the buyer:

If an incorrect address is provided for an order, we are not obliged to refund the purchase amount until the shipment has been automatically returned to us. However, we offer redirection to the correct address; please contact us by email.

 

2. Conclusion of Contract

 

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to conclude a contract for the goods in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer’s offer within five days by

– sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive; or

– delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive; or

– requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If “PayPal Express” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement 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. If the Customer selects “PayPal Express” as the payment method during the online ordering process, by clicking the button that concludes the order process, the Customer also issues a payment order to PayPal. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that concludes the order process.

2.5 If “Amazon Payments” is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (“Amazon”), under the Amazon Payments Europe User Agreement available at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that concludes the order process, the Customer also issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer triggers the payment process by clicking the button that concludes the order process.

2.6 When an offer is submitted via the Seller’s online order form, the Seller stores the contract text and sends it to the Customer after the order has been submitted, together with these GTC, in text form (e.g., email, fax, or letter). After submitting the order, the contract text can no longer be retrieved by the Customer via the Seller’s website.

2.7 Before placing the order bindingly via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.8 Only the German language is available for concluding the contract.

2.9 Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

 

3. Right of Withdrawal

 

3.1 Consumers generally have a right of withdrawal. Our shipping and refund policies are attached.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy:

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must inform us (MB1 GROUP LIMITED, RM03, 24/F, Ho King Comm CTR, 2–16 Fayuen ST, Mong Kok, Hong Kong, support@chantee.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email).

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.

Items must be returned at your own cost to our International Returns Center: Lane 1177, Jianlan Road, Meixu Street, Yinzhou District, City: Ningbo, Postal Code: 315000, Province: Zhejiang, Country: China, Tel: +86 13336632845. We accept products that are in their original packaging, unused, or only lightly used. The costs of return shipping may vary between €15 and €29 depending on location. We recommend sending your return with tracking, as we cannot assume responsibility for lost returns.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which we received your notice of withdrawal. For this repayment, we will 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 fees for this repayment. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You must send back or hand over the goods to us without undue delay and in any event no later than 30 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of 30 days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

 

4. Prices and Terms of Payment

 

(Overview of our payment methods.)

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs, if applicable, are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the responsibility of the Seller and must be borne by the Customer (e.g., transfer fees charged by credit institutions, exchange rate fees, import duties and taxes such as customs). Such costs may also arise with respect to money transfers if the delivery is not to a country outside the European Union, but the payment is made from a country outside the European Union.

4.3 The payment methods available are communicated to the Customer in the Seller’s online shop.

4.4 When paying via a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), under the PayPal User Agreement 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.

4.5 When selecting the payment method “SOFORT,” payment processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich (“SOFORT”). To pay the invoice amount via “SOFORT,” the Customer must have an online banking account enabled for participation in “SOFORT,” authenticate accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out immediately by “SOFORT,” and the Customer’s bank account is debited. Further information is available at https://www.klarna.com/sofort/.

4.6 When paying by credit card, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to whom the provider assigns its payment claim. secupay AG collects the invoice amount from the credit card account specified by the Customer. In the event of assignment, payment with debt-discharging effect can only be made to secupay AG. The credit card is charged immediately after the Customer submits the order in the online shop. Even when paying by credit card via secupay AG, the provider remains responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal notices and returns, or credit notes).

 

5. Delivery and Shipping Conditions

 

(See also our shipping and refund policies.)

5.1 Delivery of goods is made by shipment to the delivery address specified by the Customer, unless otherwise agreed. During order processing, the delivery address specified in the Seller’s checkout is decisive. By way of exception, when PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the Customer was temporarily prevented from accepting the service offered, unless the Seller had notified the Customer of the service a reasonable time in advance. Furthermore, this does not apply with regard to the outbound shipping costs if the Customer effectively exercises the right of withdrawal. With respect to return shipping costs in the event of an effective withdrawal, the Seller’s cancellation policy applies.

5.3 Delivery in case of absence or collection at a post office branch: If a parcel is delivered to the door or deposited at a post office branch, CHANTÉ has borne the delivery costs. If the parcel is not accepted or not collected from the post office branch, it is automatically returned to the Seller, and we are entitled to withhold €15 from the refunded amount.

5.4 Defective delivery: In rare cases, a parcel may be damaged and the goods defective. In this case, please contact us by email within 48 hours of receipt. We will always send you a new parcel free of charge the first time, but we cannot provide a refund. If it arrives defective a second time, we will refund the full purchase price.

5.5 Lost/returned parcel: If a parcel is lost due to a logistics issue or was not delivered, we will always send a new parcel before applying our refund and return policy.

5.6 Collection by the Customer is not possible for logistical reasons.

5.7 What happens if delivery is refused? If acceptance of the parcel is refused after it has already been dispatched, we reserve the right to retain 30% of the purchase price due to logistics costs. 70% will be refunded to the Customer.

 

6. Term and Termination for Subscription Agreements

 

6.1 Subscription agreements are concluded for an indefinite period and may be terminated by the Customer at the end of any month.

6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.

6.3 Termination must be made in writing or in text form (e.g., by email).

 

7. Retention of Title

 

If the Seller performs in advance, title to the delivered goods remains with the Seller until full payment of the purchase price has been made.

 

8. Liability for Defects (Warranty)

 

8.1 The Customer is requested to complain to the carrier about goods delivered with obvious transport damage and to inform the Seller thereof. Failure to do so has no effect on the Customer’s statutory or contractual claims for defects.

 

9. Redemption of Promotional Vouchers

 

9.1 Vouchers issued by the Seller free of charge as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) can be redeemed only in the Seller’s online shop and only within the specified period.

9.2 Promotional Vouchers can be redeemed only by consumers.

9.3 Certain products may be excluded from the voucher promotion if such a restriction arises from the content of the Promotional Voucher.

9.4 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.5 Only one Promotional Voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.

9.7 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be used to settle the difference.

9.8 The credit of a Promotional Voucher will not be paid out in cash nor bear interest.

9.9 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the Promotional Voucher under their statutory right of withdrawal.

9.10 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

 

10. Applicable Law

 

All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

 

11. Alternative Dispute Resolution

 

11.1 The EU Commission provides a platform for online dispute resolution at:

https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

12. Contact Information

 

Company: MB1 GROUP LIMITED

Address: RM03, 25/F, Ho King Comm CTR, Mong Kok, Hong Kong

Contact form: https://chantee.de/pages/contact

Email: support@chantee.de

Company number: 76545981

Customer service: Monday to Saturday: 9:00 a.m. to 6:00 p.m. (Central European Time)