Terms and Conditions

1. Scope

    1.1.   The General Terms and Conditions set below shall apply to all orders that we, PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany (Supplier), accept and execute through our web shop (www.peggell.com).

    1.2.   These General Terms and Conditions shall apply exclusively. Any of your terms and conditions as customer shall not apply.

    2. Conclusion of Agreement

      2.1. Unless agreed otherwise you may order all products of our online shop through the website www.peggell.com. All product offers listed therein are without obligation and are no offers in a legal sense. If you have made your choice, placed the selected products into the product basket, have ticked the box „Accept Terms and Conditions“ and have sent away your order by clicking the button „Binding Order“ then you have placed a legally binding offer to the conclusion of a sale and purchase agreement regarding the products that you have ordered. Prior to sending, you may always remove or add products to your product basket. If you place an order, a contract shall only be concluded upon our confirmation of your order in accordance with section 2.3. Upon receipt of your order you will receive an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that you order has been duly received and which products you have ordered. Only upon our order confirmation in accordance with section 2.3 or any subsequent delivery a legally binding sale and purchase agreement shall have been concluded.

      2.2.   Your order shall be deemed accepted and thus the contract concluded if we, after receipt of the order, send you an order confirmation by e-mail or otherwise expressly confirms the order in writing. The issuance of the delivery slip or of the invoice or the delivery shall also constitute acceptance of the order by us.

      3. Personal Information on Ordering our in Online Shop

        Through sending your order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.

        4. Prices

          4.1.   Prior to the conclusion of the binding agreement, we have the right to adjust the prices for the Goods at any time.

          4.2.   All prices indicated are inclusive VAT and in Euro.

          4.3.   Any additional costs such as shipping costs for shipments abroad (see also section 8.1), any customers duties, foreign VAT or other handling costs are not included in the price.

          5. Payment

            5.1.   You may pay orders placed through the web shop by credit card (Visa, American Express or MasterCard) or PayPal.

            5.2.   Payment of the purchase price is due immediately upon conclusion of the contract. 

            5.3.   We reserve the right to ship the goods only after having received a prepayment.

            5.4.   In case of your default in payment, we may charge default interest of 5 % above the base rate (§ 247 German Civil Code). We have the right to prove that a higher loss has been caused.

            6. Right to Revocation/Briefing on the Right to Revocation

              6.1.   Right to Revocation

              6.1.1. You have the right to revocation of this Agreement within fourteen days (14) without giving reasons.

              6.1.2. The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product.

              6.1.3. To exercise your right of revocation you must inform us [PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany; e-mail: info@peggell.com] through explicit notice (e.g. letter sent by ordinary mail, fax-letter, or Email) about your decision to revoke this Agreement. You may use the revocation form in Sec. 23 below.

              6.1.4. To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.

              6.1.5. The right to revocation does not apply to sandals (“Flip-Flops”) that are individually customized for the customer based on an individual selection by the customer in the online shop. Such individually customized sandals are excluded from revocation (sec. 312g para. 2 no. 1 of the German Code Civil (BGB)).

              6.2.   Effects of Revocation

              6.2.1. If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will charge any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier.

              6.2.2. You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.

              6.2.3.  You have to bear the direct costs of the return of the goods.  

              6.2.4. You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.

              This is the end of the briefing on your revocation right.

              7. Retention of Title

                We shall retain ownership title for the shipped Goods until we have received the payment in full.

                8. Delivery and costs of delivery

                  8.1.   In addition, we will charge the shipping costs (delivery fee). The delivery fee depends on the country of delivery and will be shown in our web shop.

                  8.2.   Partial deliveries are permitted. However, no additional shipping costs shall be charged.

                  8.3   The delivery time depends on the delivery address of the buyer.  Delivery takes place in approx. 3 – 12 working days.

                  9. Transfer of risk

                    The risk of the accidental loss of the Goods shall transfer to you upon the handover of the Goods to the transport person for delivery.

                    10. Inspection of Goods, Warranty and Guarantee

                    10.1.   If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is, however, of no adverse effect to your rights. 

                    10.2.   We are liable for defects in accordance with the applicable statutory provisions, in particular Sec. 434 ff. of the German Civil Code (“BGB”). In this case, you have a legal right, at your selection, to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense.

                    10.3.   The limitation period for statutory claims for defects is two years and begins with the delivery of the Goods.

                    10.4.   An additional guarantee only exists if this was expressly stated in the order confirmation for the respective item.

                    11. Liability

                      11.1.   We are not liable for your damages with the following qualification:

                      11.2.   We are liable for an intentional or grossly negligent breach of duty. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called „cardinal obligations“).

                      11.3.   If we shall be liable for simple negligence according to sec. 11.2 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.

                      11.4.   The above liability limitations do not apply if we have issued a guarantee for the characteristics of a product or fraudulently concealed the defect or if we and you reached an agreement on the quality of the Goods or for damages that are to be compensated pursuant to the German Product Liability Act or for losses/damages regarding life, physical integrity or health.

                      11.5.   The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.

                      12. Data Protection

                        12.1.   We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored. You consent that communication regarding the agreement may be done electronically.

                        12.2.   All data processing procedures (e.g. collection, processing, and transfer) are carried out by us  in accordance with applicable laws. Customers data necessary for processing the business transaction will be stored and made available to the service provider retained by us only to the extent necessary for order and payment. Moreover, address and ordering data will be collected and processed by usfor marketing purposes only. We further assure that your address data will not be disseminated to third parties for marketing purposes.

                        12.3.   Notice: Yue may always object to the use, the processing and transfer of your personal data for marketing purpose through informal notice sent by regular mail to [PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany or Email to [info@peggell.com]. This shall certainly not apply to data necessary for processing your order. Upon receipt of your objection wewill no longer use, process, and transfer the relevant data for any purpose other than the processing your order and will cease to send to you catalogues and other marketing material.

                        13. Contact Details

                          13.1.   Our customer service is available for questions and suggestions at info@peggell.com.

                          13.2.   Written notices under this contract shall be sent by registered mail to the following address: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.

                          14. Set-off and retention right

                            14.1.   You are only entitled to off-set against our claims or exercise a right of retention if your counterclaims have been legally established or are undisputed. You are entitled to off-set and to execute a right of retention against our claims if your assert notices of defects or counterclaims from the same purchase contract.

                            15. Applicable law and place of jurisdiction

                              15.1.   All legal relations arising out of or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions) shall be governed exclusively by the laws of the Federal Republic of Germany, to the full exclusion of its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.

                              15.2.   For any disputes arising from or in connection with the contractual relationship between the Supplier and the customer (including these General Terms and Conditions), the place of jurisdiction shall be our registered office.  

                              16. Refund and Return Policy

                              16.1.   In addition to your statutory right to revoke the agreement and to return the Goods according to sec. 6, we grant you the right to return the Goods subject to the qualifications of our refund and return policy in this Sec. 16 and in Sec. 17-22 below.

                              16.2.   We will return you your purchase price if you return the received Goods to us no later than 30 days after the purchase. We must receive the returned Good by the end of the 30-days-period free of any charges. If more than 30 days have passed since your purchase, we cannot offer you a refund or exchange. We will not refund the shipping costs (delivery fee), if any.

                              16.3.   To be eligible for a return under this Return Policy, your Good must be unused and in the same condition that you received it. It must also be in the original packaging.

                              16.4.   Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases.

                              16.5.   Additional non-returnable items:

                              16.5.1.   Sandals (“Flip-Flops”) that are individually customized for you based on an individual selection by you in our online shop.

                              16.5.2.   Gift cards

                              16.5.3.   Downloadable software products

                              16.5.4.   Some health and personal care items

                              16.6.   To complete your return, we require a receipt or proof of purchase.

                              16.7.    Please do not send your purchase back to the manufacturer.

                              16.8.    There are certain situations where only partial refunds are granted:

                              16.8.1.   Book with obvious signs of use.

                              16.8.2.   CD, DVD, VHS tape, software, video game, cassette tape, or vinyl record that has been opened.

                              16.8.3.   Any item not in its original condition, is damaged or missing parts for reasons not due to our error.

                              16.8.4.   Any item that is returned more than 30 days after delivery.

                              17. Refunds

                                17.1.   Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

                                17.2.   If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

                                18. Late or missing refunds

                                  18.1.   If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at info@peggell.com.

                                  19. Sale items

                                    19.1.   Only regular priced items may be refunded. Sale items cannot be refunded.

                                    20. Exchanges

                                      We only exchange Goods if they are defective or damaged according to Sec. 10 above. If you need to exchange a defective or damaged Good for the same Good, please send us an email at info@peggell.com and send your item to: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.

                                      21. Gifts

                                        21.1.   If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

                                        21.2.   If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

                                        22. Shipping returns

                                          22.1.   To return your product, you should mail your product to: PEGGELL Europe GmbH, Silberberg 1, 79856 Hinterzarten, Germany.

                                          22.2.   You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

                                          22.3.   Depending on where you live, the time it may take for your exchanged product to reach you may vary.

                                          22.4.   If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

                                          23. Model Revocation Form

                                            If you want to revoke the contract, please fill out this form and send it back.

                                            At:

                                            PEGGELL Europe GmbH
                                            Silberberg 179856 Hinterzarten
                                            Germany

                                            Email: info@peggell.com

                                            • 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 the written form is used)
                                            • Date

                                             

                                            ___________

                                            (*) Delete where inapplicable.

                                             

                                            24.   Legal Notice

                                              PEGGELL Europe GmbH 
                                              Silberberg 1
                                              79856 Hinterzarten 
                                              Germany

                                              Phone: +41 79 828 8605
                                              info@peggell.com 
                                              www.peggell.com

                                              Commercial register no.: HRB 92047 
                                              Director : Mrs Peggi Herrdum

                                              25.   Information an complaints / dispute resolution

                                                In order for consumers and traders to resolve a dispute out-of-court, the European Commission provides a platform for online dispute resolution (OS), which you can find under https://ec.europa.eu/consumers/odr/ (online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation). We are not obliged and unwilling to participate in a dispute resolution procedure before a consumer arbitration board. For complaints or complaints of any kind, please contact our customer service directly. The Peggell team will do everything possible to find an amicable solution together. In addition, in the event of disputes, you also have the option of having them settled out of court.