条款与条件

1 总则

1. Cream della Cream有限公司，位于瑞士Lugano的Via Pietro Capelli 18，6900Lugano，其中Philipp P. Plein先生，vip@billionairecouture.com是首席执行官（以下简称“Cream della Cream Switzerland GmbH”或 “我们”），在互联网地址www.billionairecouture.com（以下简称“网站”）下运营一个网上商店。通过本网站所下订单和我们的交付服务都仅限于遵循订单所下时有效的标准条款和条件。除非我们以书面形式同意其申请，否则我们不承认客户的任何不同条款和条件。

2. 只有普通消费者可以通过在线商店下订单。 经销商或分销商不允许购买。 货物只能按消费者通常购买的数量和范围销售给消费者。

 

2 退还货物的权利

1. 您可以在两周内退回收到的货物，无需给出任何理由，只需将其寄回即可。 这段时间将从收到货物的那一天开始计算，但并不在我们要求返回货物的信息之前，该规定满足德国民法典第312条第1条第1款并结合民法典中“说明法”第246条第3款要求。 只有不适合包装的货品（例如特殊形状的货品），亦可以以书面要求方式退还，例如通过信件，传真或电子邮件，沟通取回货物。 只有货物及时退还时其退货时限将会的得到保证。 我们将承担所有退还货物费用和风险。

我们要求在欧盟和瑞士之内以书面形式提交退还货物申请，例如， 通过信件，传真或电子邮件。 Cream della Cream Switzerland GmbH 将安排UPS直接提取货物，除非货物在没有事先要求退货的情况下已经发送给我们。

退货申请必需发送至：

Cream della Cream Switzerland GmbH

Via Pietro Capelli 18

6900 Lugano

Switzerland

vip@billionairecouture.com

 

所退换商品务必发送至:

Spedimex

7R Logistics Park

ul. Maratońska 104 A

94-102 Łódź

Poland

2. 在Cream della Cream Switzerland GmbH有限公司收到客户的完整订单之前费用不能被退回，所有商品标签应保持原始状态并保留原包装。

 

3 退货款须知

1. 如果货物正确退回，双方必须退还所有收到的服务或被提供的使用权（例如使用的效益）。如果您无法或仅能够部分返回或恢复服务或收到的使用权（例如使用的效益），或只是在恶化的条件下，您将需要赔偿我们该部分的价值。您只需要赔偿我们的劣化或退还通过使用获得的价值，如果这种使用或劣化是由于使用方法不符合产品的质量和它的工作原理所导致。您无需赔偿我们由于简单地将产品以正确的方式使用而导致的劣化。如果您使用产品的方式不符合产品的质量及其工作原理，您只需退还通过使用获得的价值。 “检查产品的质量及其工作原理”包括试用和测试所讨论的货物，如可能和惯例的，例如在商店。

必须在30天内履行付款义务。 该时间段从你当你退还货物或发出退货请求，对我们来说该时间段始于当我们收到退还货品时。

2. 您的信用卡将在货物发货时被扣款。 如果货物退回，该卡将被用于返回货款，可能的货币兑换损失将不予退还。

3. 如果您有任何问题，请通过电子邮件的方式发信至vip@billionairecouture.com联系我们的服务团队。

 

 

4 合同的形成

1. 您和Cream della Cream Switzerland GmbH之间的合同直到我们将订购的商品发送给您才会生成。 您届时已经在我们网站上输入订单并给我们提交了一份有约束力的要约，这份要约将以便与您签订合同。 一旦您在订购过程中输入了所有要求的数据，我们将执行订单，最后通过按下“订购并扣款”按钮确认订单。

2. Cream della Cream Switzerland GmbH有权不提供任何理由拒绝您的订单。

 

5 重要信息

1. www.billionairecouture.com提供的商品以实际产品的数码照片形式提供。 本商品展示与商品真实出现之间的细微差别不构成购商品的缺陷。

2. 我们想提醒您注意，www.billionairecouture.com上显示的产品在客户访问时可能不再可用或不可被购买，相关价格可能已更改。 所提供的价格以欧元表示，包括增值税，但不包括运费。

3. 客户在下订单时默认由Cream della Cream Switzerland GmbH采取可能的部分分批送货。

 

6 运输和发货

1. 货物将仅采取UPS交付。 Cream della Cream Switzerland GmbH将承担运输到客户的风险。

2. 货物大约将在您下单后准备装运。 除非之前所商定之任何不同，货品将从仓库发送到客户提供的送货地址。 请注意，客户将被收取在每个国家不同的所有进口税，关税和手续费。

 

7 付款，付款欠款

Cream della Cream Switzerland GmbH 可以为客户提供五种支付方式(根据国家不同):

PayPal (PP Retail GmbH), Klarna (发票在14天内支付，只有在德国，奥地利，荷兰可用), Sofortüberweisung/iDeal,货到付款或信用卡。

客户将需要支付任何转账成本或所产生的银行费用。

在交货时以现金支付的退货货物的价值将被转回您的银行帐户。 因此，我们要求您在要求退货时向我们提供相关的银行帐户详细信息。 所有其他付款将以相关付款方式（PayPal，信用卡）退还。

使用信用卡付款的程序：

Cream della Cream Switzerland GmbH通过SSL连接（安全套接字层）对数据进行安全编码。 这种编码方法保护您的信用卡数据免于在传输期间被窃听和操纵。 因此，未授权的人不可能在因特网中传输期间读取该数据。商品将在银行或信用卡公司确认已付款后立即发货。

我们接受以下信用卡：Visa卡和Master卡。

除了无争议或在法律中确立的反诉之外，在商人之间的关系中不包括买方拒绝或拒绝服务的权利。

 

8 所有权保留

已发货商品所有权仍将归 Cream della Cream Switzerland GmbH所有直到支付完成。

 

9 保修

将适用“保修法”的规定。

 

10 数据保护

Cream della Cream瑞士有限公司将仅在符合有关数据保护的相关法律的情况下存储和处理所有客户数据。 特别是，个人数据只会被记录和存储，用以处理货物订单，或者，如果您已获得您的明确同意，也被用于Cream della Cream Switzerland GmbH的营销措施，例如发送订阅通讯。 我们不会超过必要保留个人资料。 我们不会将个人数据转发给第三方。该第三方不包括Cream della Cream Switzerland GmbH的服务合作伙伴需要传输数据以处理订单。 然而，在这种情况下，发送的数据量将被限制在所需的最小值。

 

11 法律选择，有效性

只适用于德国法律，不包括联合国购买法。 如果一项或多项规定成为或无效，这不会影响其余规定的有效性。

 

最后修订于01/14

1. General/Validity

1. The below Terms and Conditions apply to any delivery transaction of the Seller. The Buyer placing the order constitutes the Buyer's legally binding acceptance of the Terms and Conditions.

2. Any contrary General Terms and Conditions from the Buyer only become part of the Agreement if the Seller has or will accept them in writing (i.e. not by silence). The Seller objects to any contradicting Terms and Conditions of the Buyer unless those have been or will be accepted in writing.

2. Agreement conclusion

1. All Seller's offers are subject to change.

2. The prices are net prices to which statutory value added tax is added. Furthermore, the Buyer will be charged the costs for packaging, freight, expenses such as customs duties and other shipment costs. Special surcharges shall be charged for individual and customized orders.

3. Any verbal information and agreements, especially with the Seller's field office, sales representatives or employees in the showrooms require explicit written confirmation by the Seller in order to become binding for the Seller. 4. Redispositioning within the framework of a placed order is only permitted by written mutual agreement.

3. Delivery and Delivery Time

1. The Seller is entitled to make partial deliveries. The Buyer agrees to unsorted partial deliveries provided that the subsequent delivery is delivered within the agreed upon delivery period after receipt of the respective partial deliveries.

2. The Seller will never conclude sales that are to be performed at a fixed point in time. The specified delivery times are estimates that only express approximate delivery times. If, in individual cases, a delivery time has been agreed upon in writing it is considered fulfilled if the goods that are to be delivered have been dispatched at the deadline or if the Buyer has been informed of the readiness for dispatch in those cases in which the Buyer is to pick the goods up.

3. Force majeure and other extraordinary events that are outside the Seller's influence and which make the delivery within the arranged delivery period significantly more difficult or impossible, e.g. strike, sickness, disturbances in the business operations of the pre-suppliers, extend the delivery time by the duration of the interference. The Seller shall inform the Buyer immediately once such events occur, as soon as the Seller determines that they will impact the delivery time. At the same time, the Seller specifies the estimated duration of a required extension of the delivery period. In these cases of non-availability, the Seller is entitled to withdraw from the Agreement if it has not yet been fulfilled. The Seller shall immediately after becoming aware of the non-availability notify the Buyer if it intends to withdraw from the Agreement.

4. If the Seller is late with a delivery, it shall be granted an additional 18 days to deliver. After unsuccessful expiry of these additional days to deliver, the Buyer is entitled to withdraw from the Agreement only, and limited to the portion of the delivery obligation that has not yet been fulfilled, if the Buyer informs the Seller in writing upon occurrence of the delivery delay that it will reject fulfilment of the Agreement after unsuccessful expiry of additional days to deliver of at least 18 days. In this case, the Buyer may only request compensation for non-fulfilment instead of exercising the right to withdraw if the Seller or its vicarious agents have intentionally or through gross negligence caused the delivery delay. In exceptional cases, in the event of a partial delivery delay caused by the Seller, the Buyer is entitled under the aforementioned conditions to withdraw from the entire Agreement or request compensation due to non-fulfilment of the entire delivery obligation if the partial fulfilment of the Agreement is of no interest for the Buyer by applying strict assessment criteria.

4. Shipping and Transfer of Risks

1. The goods shall be delivered from the Seller's warehouse. Place of fulfilment for all services under the Supply Agreement is the location of the Seller's warehouse.

2. The Buyer bears the shipping costs including all incidental expenses, such as packaging and customs duties.

3. With the transfer of the goods to the Buyer, forwarding agent or freight carrier or any other individual or establishment who has been commissioned to carry out the shipment, however no later than at the time of leaving the warehouse, risks are transferred to the Buyer. The Seller is only liable for defects regarding the packaging of the goods, its shipment or the choice of the transportation means or route of transport if the Seller or its vicarious agents have acted intentionally or grossly negligent.

4. The Seller is only obligated to effect a transport insurance if the Buyer specifically requests it. The costs shall be borne by the Buyer

5. If shipment of goods is delayed for a reason that is not the Seller's responsibility, risk is already transferred to the Buyer at the time of notification of shipment readiness. In this case, the Seller is entitled to store the delivery item at the Buyer's expense and risk at the Seller's own discretion and request immediate payment of the invoice amount.

6. If the Buyer does not accept shipped goods or does not accept them on time, the Buyer must bear any resulting additional transportation costs and incurring storage costs. The Seller will charge those separately.

5. Warranty

1. The Buyer is obligated to thoroughly check the goods immediately upon receipt. The Buyer must inform the Seller in writing of any deficiencies and complaints within no later than 10 days after receipt. Evidence in the form of photos of the deficiencies and complaints must be provided by the Seller who is a businessman/businesswoman as defined by Section 14 of the German Civil Code (BGB) and processing of the complaint must be carried out by using the online complaints program that has been set up by the Seller.

2. Warranty rights do not exist if the Buyer carries out or causes modifications to the delivered goods or has tolerated modifications by third parties.

3. Customary deviations and/or minor and/or technically unavoidable deviations in the quality, colour, weight and dimensions of the design do not entitle to claims and do not result in warranty claims unless compliance has been explicitly agreed upon.

4. In the event of material damage, the Seller is entitled to improvement or delivering replacement goods that are free of defects within two weeks after receiving the returned goods. Returning goods is only allowed if the Seller has agreed to it. If the Seller chooses improvement or replacement delivery and if this fails, the Buyer may request at its choice that the purchase price is reduced or withdraw from the Agreement with respect to the goods for which the improvement or replacement delivery has failed.

5. The Buyer may exercise the right of retention of the purchase price that it owes due to possible material defects or incompleteness only with regard to the partial amount which it would owe for the deficient or missing parts during proper delivery. Any withholding of payments to the Seller that exceed the aforementioned entitles the Seller to refuse fulfilment of its warranty obligation until receipt of such payments.

6. For new delivery items, the period of limitation for claims is one year from the date of the transfer of risks. The statutory periods in accordance with Section 478 of the German Civil Code (BGB) shall remain unaffected.

7. If a Buyer's claim proves to be unjustified, the Buyer shall bear the shipping costs for returning the goods. In addition, the Buyer shall bear an administrative fee of Euro 5.00 for each item which the Seller invoices for when returning the goods if the Buyer cannot provide evidence that the incurred costs where less than the charged flat rate.

6. Liability

1. Buyer claims, especially for compensation or lost profit are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller or its statutory representative or its vicarious agents.

2. If the Seller is liable to pay compensation even in cases of common negligence based on particular agreements or obligatory legal provisions, the amount of the compensation that is to be paid by the Seller is limited to a maximum of 100% of the delivery value and the damage which the Seller should specifically have anticipated at the time of the Agreement conclusion, by considering all circumstances that were known at this point in time as possible results of the contract breach or other actions that obligate to pay compensation. In the event of a delay, the compensation is furthermore limited to a maximum of 0.5% of the delivery value for each completed week of the delay.

7. Terms of Payment/Set-Off Prohibition

1. The invoice is issued on the day of delivery or provision of the goods. Any postponement of the invoice value date is excluded unless agreed to otherwise.

2. 30% of the invoice amount is due upon receipt of the confirmation of the order prior to the start of production; the remaining amount is due upon delivery in the form of cash or bank-certified cheque. Any payment terms that deviate from the aforementioned require written confirmation by the Seller.

3. The Seller does not grant any cash discount deduction.

4. Any costs that incur as a result of accepting bills of exchange or cheques, especially discount charges and interest shall be borne by the Buyer.

5. In the event of delayed payments, the Seller is entitled, without special announcement or giving notice, to charge interest on arrears in the amount of 8 percentage points above the respective base interest rate, however no less than 12% p.a. For each payment reminder, the Seller is entitled to an arrears fee of Euro 5.00.

6. Furthermore, in the event of delayed payments, all other outstanding amounts receivable - including from bills of exchange - are immediately due, regardless of their due date. The Seller is furthermore entitled to withdraw from all ongoing agreements, cease deliveries, make them dependent on the provision of securities or to only deliver on the basis of cash on delivery.

7. In the event of delayed payments, the Seller is entitled to remove any items subject to retention of title even without withdrawing from the Agreement and even if partial payments have been made. All costs incurred due to the removal of items shall be borne by the Buyer. The goods that were taken back shall be offset against the outstanding amount at the current market value, subject to proof of a significantly lower decrease in value by the Buyer.

8. Offsetting of Buyer's amounts receivable against Seller's amounts receivable is excluded unless the Buyer's amounts receivable are undisputed or have been determined as legally binding.

8. Retention of Title

1. Delivery of the goods is subject to retention of title in accordance with Section 449 of the German Civil Code (BGB) with the following expansions:

a) The delivered goods remain the Seller's property until complete payment of all amounts receivable and secondary claims from other and future transactions with the Seller (expanded current account retention). The Buyer may only sell the goods within the framework of its ordinary business operations.

b) The Buyer is not entitled to give away, pledge or transfer items subject to retention of title as a security.

c) If the Buyer does not fulfil its obligations towards the Seller or not on time or if the Buyer affects the items that have been delivered subject to retention of title in an unauthorised manner, regardless of the entitlement for fulfilment of the Agreement, the Seller may request return of the items if the Buyer has not fulfilled its obligation within a reasonable time period that shall be granted by the Seller. Once the Buyer has fulfilled the Agreement, the Seller must return the items. The above regulation does not apply to instalment purchase transactions. The right of retention may not be exercised against the entitlement for return of the items. The authorisation to sell delivered items may be revoked under the same conditions.

2. The Seller is obligated to release securities it is entitled to, to the extent that they exceed the value of secured Seller's amounts receivable by 20%.

3. The Buyer must immediately inform the Seller if any third parties access the Seller's property, items of joint ownership, claims that have been assigned to the Seller or Seller's right (garnishment, confiscation or other order); otherwise the Buyer is liable for damages.

9. Contractual Penalty

1. The Buyer is obligated to solely offer the goods for sale, display, sell them, etc. in the retail shop which it specifies as the delivery address in the order.

2. The Buyer is obligated to refrain from giving away, selling or making goods that have been sold to it to commercial resellers or making them otherwise accessible to them.

3. The Buyer is obligated to refrain from offering, selling or otherwise advertising for goods that have been purchased from the Seller on the Internet or other sales platforms outside of its retail shop that it has specified to the Seller during ordering

4. The Buyer assures that the information regarding its trader status which it made during ordering is accurate.

5. The Buyer is obligated to pay contractual penalty in the amount of Euro 5,001.00 to the Seller if the Buyer breaches any of the aforementioned reassurances and/or obligations. The Buyer shall not raise the defence of continuation of offence.

10. Exchange

1. Goods cannot be exchanged.

2. If, in exceptional cases, the Seller agrees to an exchange, the Buyer shall pay an administrative fee in the amount of 10% of the net value of the exchanged goods, plus the incurring postage and packaging costs. The Buyer is entitled to provide evidence that significantly lower costs than this flat rate incur. After return of the exchanged goods, the goods are checked by the Seller to determine whether the items are fault-free and new. If this is the case, the Seller shall issue a credit note in the amount of the net value of the returned goods to the Buyer which may be deducted from an invoice resulting from an additional order / additional orders that is / are placed by the Buyer with the Seller. The credit note amount shall never be paid out.

11. Exclusivity

1. The Seller does not provide any exclusivity promises.

2. If, in exceptional cases, an exclusivity promise is made by the Seller it shall apply exclusively and only if this has been confirmed in writing by the Seller.

12. Other Provisions

The Buyer's rights under the contract of purchase may not be transferred.

13. Place of Jurisdiction

If both parties are business people, the place of jurisdiction is in Nuremberg, Germany. The same applies to bills of exchange and cheque claims.

14. Applicable Law

The law of Germany excluding any conflicts of law shall exclusively apply. This law is also decisive for determining the question as to whether the Buyer has agreed to the validity of these General Terms and Conditions at the time of Agreement conclusion or at a later point in time.

15. Legal Validity

Any, even partial, invalidity of individual aforementioned provisions shall not affect the validity of the remaining provisions.