1. Scope
2. Contractual partner
3. Conclusion of contract
4. Prices and shipping costs
5. Payment
6. Delivery
7. Retention of title
8. Right of withdrawal
9. Dispute settlement
10. Sample cancellation form
1. Scope
These general terms and conditions apply for all orders and deliveries from the online shop of the boutique Maria José under the domain https://mjfashion.es to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity.
2. Contractual partner
The purchase contract is concluded with Diana Ivanova Tyurkmen, Carrer de Sant Andreu 28, 07650 Santanyí, Islas Baleares, Spain, NIF Y2844872Q.
3. Conclusion of contract
3.1 The presentation of the products in the online shop is not a legally binding offer, but only a request to order.
3.2 By clicking the button “Place order” or one of the PayPal buttons “PayPal” and “SEPA” you place a binding order for the goods listed in the shopping basket or on the checkout page. Your purchase contract is concluded when we accept your order with a confirmation of receipt by e-mail immediately after receiving your order.
4. Prices and shipping costs
4.1 The prices stated on the product pages include VAT and other price components.
4.2 In addition to the stated prices, we charge shipping costs. The shipping costs to member countries of the European Union and to the United Kingdom are as follows:
| Flat rate | Free shipping | Minimum order amount for Free shipping | |
|---|---|---|---|
| Spain | 3,99 € | 0 € | 30 € |
| Other EU countries and UK | 6,99 € | 0 € | 70 € |
(Viewing on a smartphone: Please turn horizontally, to display the table well)
These costs will be clearly communicated to you on the basket page and on the checkout page, after entering your delivery address.
4.3 You can pick-up your purchase without any shipping cost directly from our shop in Santanyí, after making an appointment by phone +34 634 693311 or WhatsApp.
4.4 For non-EU countries other than UK, you have to contact us by phone +34 634 693311 or e-mail to info@mjfashion.es, in order to ask for a shipping quote. If you accept that shipping quote, we’ll give you instructions on how to proceed with the checkout process.
5. Payment
5.1 Payment can be made via Direct bank transfer, via Credit or Debit Card or via PayPal. You can choose the payment option on the checkout page.
5.2 If you pay via Credit or Debit Card, we’ll immediately receive the payment confirmation and can process your order.
5.3 If you choose PayPal, you can pay with the payment methods offered by PayPal, also if you don’t have a PayPal account. We’ll immediately receive the payment confirmation and can process your order.
5.4 If you choose Direct bank transfer, you have to transfer the total amount directly into our bank account. The account details are displayed on the order-received page and in the e-mail confirming the receipt of your order. Please use your Order ID as the payment reference. Your order will be shipped once the funds have cleared in our account. We may send you a reminder by e-mail after a few days. In case we don’t receive the funds within 5 days from the order date, we assume that you want to withdraw from your order. Accordingly we‘ll cancel the order and put the products back in stock.
6. Delivery
6.1 We ship from our boutique in Santanyí on Mallorca, latest on the next working day after having received your order and your payment.
6.2 The delivery time depends on the destination country. Outside of Spain within the EU the normal delivery time is from 3 to 8 days. We’ll provide you with a tracking number, so you can follow the course of the delivery.
7. Retention of title
The goods remain our property until full payment has been made.
8. Right of withdrawal
8.1 If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
8.2 If you, as a consumer, exercise your right of withdrawal in accordance with Section 8.1, you will have to bear the regular costs of the return. For the return, you can use either our address in Spain or our return address in Germany given below.
8.3 Moreover, the regulations apply, which are reproduced in detail in the following Cancellation Policy:
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must provide us, Diana Tyurkmen, Carrer de Sant Andreu 28, 07650 Santanyí, Islas Baleares, Spain, info@mjfashion.es, with a clear statement (e.g. a letter sent by post or e-mail) of your decision to cancel this contract. The statement should contain your name, address, e-mail, order number or date and the name(s) of the product or products you want to return. You can use the attached sample cancellation form, but this is not mandatory. If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we will have to return all payments that we have received from you, including delivery costs (with the exception of the additional costs for shipping to non-EU and non-UK countries or for your choice of a different type of delivery than the standard one), immediately after we have received back the products. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
You have to send back the products immediately and in any case within fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the products before the period of fourteen days has expired. You bear the direct costs of the returning. You can return the products either to our shop on Mallorca:
Diana Tyurkmen, Carrer de Sant Andreu 28, 07650 Santanyí, Islas Baleares, Spain
or to our address in Germany:
Diana Tyurkmen, Hauptstrasse 64c, 30916 Isernhagen, Germany
You can return or exchange the products in our shop in Santanyí without costs of returning. Please call or WhatApp us on +34 634 693311 for an appointment.
We check every product thoroughly before it is shipped, and we require you to send them back undamaged and unworn. You only have to pay for any loss in value of the products, if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the products. You may try the products, but the returned products should not be worn or damaged.
9. Dispute settlement
The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. More information is available at the following link: Online Dispute Resolution. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10. Sample cancellation form
You can copy and print the following sample cancellation form, or copy and paste it directly into an e-mail, where it can be filled out:
To
Diana Tyurkmen
Carrer de Sant Andreu 28
07650 Santanyí
Islas Baleares, Spain
Phone: +34 634 693311
E-mail: info@mjfashion.es
I hereby cancel the contract concluded by me for the purchase of the following products
________________________________________________________
________________________________________________________
Order # ____ ordered on ________ received on ________
Name of the consumer
________________________________________________________
Address of the consumer
________________________________________________________
E-mail of the consumer
________________________________________________________
Signature of the consumer (if submitted on paper)
_________________________
Date