Terms Of Service
Article 1 - Definitions
The following definitions apply in these terms and conditions:
Withdrawal period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the course of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool that allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using only one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: tools that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time;
General Terms and Conditions: the present general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Customer service email: support@sarahandoliver.com
Article 2 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these terms and conditions may be made available electronically before the contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the location where the terms and conditions can be consulted electronically will be stated and they will be sent free of charge upon request.
If specific product or service conditions apply in addition to these general terms, paragraphs 2 and 3 apply accordingly. In case of conflicting conditions, the consumer may always rely on the provision most favorable to them.
If any provision of these general terms is wholly or partially null and void at any time, the contract and remaining terms remain in effect, and the void provision shall be replaced by a provision that approximates its intent as closely as possible.
Situations not covered by these general terms and conditions should be assessed in the spirit of these general terms.
Ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in the spirit of these general terms.
Article 3 - The Offer
If an offer is subject to a limited validity period or conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur may modify or withdraw the offer.
The offer includes a complete and accurate description of the products and/or services. The description is sufficiently detailed to allow the consumer a proper assessment. Images, if used, represent the products/services truthfully. Obvious errors do not bind the entrepreneur.
All images and data are indicative and cannot constitute grounds for compensation or contract cancellation.
Images of products are intended as true representations. Color deviations from actual products may occur and are not guaranteed.
Each offer contains enough information so the consumer understands their rights and obligations upon acceptance. This includes:
The price, excluding customs clearance fees and import VAT, which are the responsibility and risk of the customer. The postal/courier service applies the special arrangement for imports into the EU and collects any VAT or clearance fees from the recipient;
Any shipping costs;
The manner in which the contract is concluded and which actions are required;
Whether the right of withdrawal applies or not;
The method of payment, delivery, and execution of the contract;
The time frame for accepting the offer or the time period during which the price is guaranteed;
Any communication costs if calculated differently than the regular base rate;
Whether the contract will be archived and how it can be accessed by the consumer;
How the consumer can check and correct the information provided before concluding the contract;
The languages in which the contract may be concluded;
Applicable codes of conduct and how to access them;
Minimum duration of the distance contract in case of continuous transactions;
Optional: available sizes, colors, and materials.
Article 4 - The Agreement
Subject to paragraph 4, the agreement is concluded once the consumer accepts the offer and meets the stated conditions.
If the offer is accepted electronically, the entrepreneur will confirm receipt immediately. Until confirmation is received, the consumer may dissolve the agreement.
If concluded electronically, the entrepreneur ensures appropriate security and a secure web environment. In case of electronic payment, appropriate security measures will be used.
The entrepreneur may, within legal bounds, inquire about the consumer's ability to meet payment obligations. If there are good reasons, the entrepreneur may refuse an order or attach special conditions to execution.
The entrepreneur shall provide the following information to the consumer in writing or durable medium upon delivery:
- Address of the business for complaints;
- Conditions and method of exercising the right of withdrawal, or a clear exclusion thereof;
- Information about guarantees and after-sales service;
- Details from Article 4 paragraph 3, unless already provided;
- Termination conditions if the contract is for more than one year or indefinite period.
For continuous transactions, the above applies only to the first delivery.
The contract is concluded under the condition of product availability.
Article 5 - Right of Withdrawal
Consumers may cancel the contract within 14 days without giving a reason. This period begins the day after receipt by the consumer or a designated third party.
During this period, the consumer will handle the product and packaging carefully. They will only unpack or use it as necessary to evaluate it. If exercising the right of withdrawal, the product must be returned with all accessories, preferably in original packaging and condition, following clear instructions from the entrepreneur.
To withdraw, the consumer must inform the entrepreneur within 14 days of receipt, preferably in writing/email. After notification, the consumer has 14 more days to return the product. Proof of timely return must be provided.
If the consumer has not declared withdrawal or returned the product within the required time, the purchase is final.
Article 6 - Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, return costs are the consumer’s responsibility.
If payment was made, the entrepreneur will refund the amount within 14 days of withdrawal, provided the product has been returned or sufficient proof has been provided.
Article 7 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the right of withdrawal for certain products/services, provided this is clearly stated in the offer or before conclusion of the contract.
Exclusion is only possible for:
- Custom-made products;
- Personalized items;
- Items not suitable for return due to their nature;
- Perishable or aging items;
- Items subject to market fluctuations outside the entrepreneur’s control;
- Single issues of newspapers or magazines;
- Audio/video recordings or software where the seal was broken;
- Hygiene products with broken seals.
Exclusion of withdrawal is only allowed for services:
- Regarding accommodation, transport, dining, or leisure at a specific date or period;
- With consent before the end of the withdrawal period;
- Related to betting or lotteries.
Article 8 - The Price
During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices that are subject to fluctuations in the financial market and which are beyond the entrepreneur’s control. These fluctuations and the fact that any mentioned prices are target prices will be stated in the offer.
Price increases within 3 months after contract conclusion are only allowed if they are the result of legal regulations or provisions.
Price increases more than 3 months after contract conclusion are only permitted if agreed by the entrepreneur and:
- they are the result of legal regulations or provisions; or
- the consumer is entitled to cancel the contract from the day the price increase takes effect.
According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is the country in which the transport begins. In this case, delivery takes place outside the EU. Therefore, the postal or courier service will collect the import VAT or clearance fees from the customer. The entrepreneur does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the case of an error, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 9 - Legal Notice
Sarah & Oliver New York
support@sarahandoliver.com
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable usability and/or fitness requirements, and existing legal provisions and/or government regulations at the time of contract conclusion. If agreed, the entrepreneur also guarantees suitability for use other than normal.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the contract.
Defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period matches the manufacturer’s warranty. However, the entrepreneur is never responsible for the product's suitability for each individual application by the consumer or any advice given regarding its use.
The warranty is void if:
The consumer has repaired and/or modified the product or had it repaired and/or modified by a third party;
The product was exposed to abnormal conditions, handled carelessly, or used contrary to the entrepreneur’s instructions or packaging guidelines;
The defect results entirely or partly from regulations set by the government concerning the materials used.
Article 11 - Delivery and Execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to what is stated in Article 4 of these terms, the entrepreneur will execute accepted orders promptly but no later than 30 days, unless a longer delivery period has been agreed. If delivery is delayed or an order cannot be fulfilled, the consumer will be informed within 30 days. The consumer then has the right to dissolve the contract at no cost and may be entitled to compensation.
In the event of dissolution as described above, the entrepreneur will refund any amount paid by the consumer as soon as possible and at the latest within 14 days of dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. In the case of replacement, the right of withdrawal cannot be excluded. Return costs in such cases are borne by the entrepreneur.
The risk of damage and/or loss of products remains with the entrepreneur until delivery to the consumer or a previously designated representative, unless otherwise expressly agreed.
Article 12 - Subscriptions: Duration, Termination and Renewal
Termination
The consumer may terminate a contract for an indefinite period for regular delivery of products (including electricity) or services at any time, subject to applicable termination rules and notice period of no more than one month.
The consumer may terminate a fixed-term contract for regular delivery of products (including electricity) or services at the end of the term, observing a notice period of no more than one month.
The consumer may terminate contracts as stated above:
at any time, not limited to termination at a specific time or period;
in the same way as they were concluded;
with the same notice period the entrepreneur has set for themselves.
Renewal
A fixed-term contract for regular delivery of products or services may not be automatically extended or renewed.
By way of exception, a fixed-term contract for regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for up to three months, if the consumer can cancel with a one-month notice at the end of the extension.
A fixed-term contract may be automatically extended for an indefinite period only if the consumer can cancel at any time with one month’s notice (or three months if it concerns delivery of newspapers less than once per month).
Introductory subscriptions for newspapers/magazines are not renewed automatically and end at the end of the trial period.
Duration
If a contract lasts more than one year, the consumer may cancel at any time after one year with a notice period of no more than one month, unless early termination is unreasonable.
Article 13 - Payment
Unless otherwise agreed, consumer payments must be made within 7 business days after the withdrawal period mentioned in Article 6(1). For service contracts, this period starts after confirmation is received.
The consumer must immediately report inaccuracies in provided or stated payment details.
If the consumer fails to pay, the entrepreneur is entitled to charge reasonable costs, provided these were communicated in advance.
Article 14 - Complaint Procedure
Complaints about contract execution must be submitted to the entrepreneur within 7 days after the consumer discovered the defect, clearly and fully described.
Complaints received will be answered within 14 days. If a longer resolution period is expected, the consumer will be notified within 14 days with an estimated timeframe.
If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to dispute resolution.
A complaint does not suspend the entrepreneur’s obligations unless confirmed otherwise in writing.
If the complaint is found valid, the entrepreneur will either replace or repair the delivered products free of charge.