Refund policy

EXCLUSIVELY FOR CONSUMERS IN THE EUROPEAN UNION

This withdrawal policy, the model withdrawal form and the supplementary return conditions apply exclusively to consumers whose contract is subject to the mandatory distance selling law of a Member State of the European Union.

They do not apply to orders from the United Kingdom, including England, Scotland, Wales and Northern Ireland, from Switzerland, from the United States of America or from other countries outside the European Union. The separately stated provisions apply to those sales markets.

NO RIGHT OF WITHDRAWAL FOR PERSONALISED GOODS

For personalised goods there is no right of withdrawal pursuant to Section 312g (2) no. 1 of the German Civil Code (BGB).

Excluded from the right of withdrawal are contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the consumer’s personal requirements.

This includes in particular products with:

– personal names or texts,
– personal data, dedications or messages,
– photos or animal photos submitted by the customer,
– individual family, personal or animal portraits,
– graphics, logos or image files provided by the customer,
– individually determined designs or compositions, and
– personalised drafts approved by the customer.

For personalised goods there is neither a statutory right of withdrawal nor a voluntary right of return, exchange or cancellation on the grounds that the goods were not liked, of a subsequent change of mind, of an incorrect entry by the customer or of an order that is no longer wanted.

Personalised goods are not taken back outside of legitimate statutory warranty claims.

If an order contains both personalised and non-personalised goods, the right of withdrawal applies exclusively to the goods that are actually not personalised.

The mere manufacture of a standardised product after receipt of the order or by print-on-demand does not in itself constitute personalisation. Nor does the choice of a regularly offered standard size, standard colour or standard version in itself constitute personalisation.

Statutory rights in the case of goods that are actually defective, damaged, incorrectly manufactured, incorrectly delivered or not delivered remain unaffected.

WITHDRAWAL POLICY FOR NON-PERSONALISED GOODS

RIGHT OF WITHDRAWAL:

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

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

If you ordered several goods within a single order and these are delivered separately, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, took possession of the last of the goods.

If goods are delivered in several partial shipments or pieces, the withdrawal period begins on the day on which you, or a third party named by you who is not the carrier, took possession of the last partial shipment or the last piece.

EXERCISING THE RIGHT OF WITHDRAWAL:

To exercise your right of withdrawal, you must inform FamilienHerzensLiebling of your decision to withdraw from this contract by means of an unequivocal statement.

The declaration of withdrawal may be submitted in particular by email, by letter sent through the post, or via the electronic withdrawal function provided in the online shop.

The withdrawal must be addressed to:

FamilienHerzensLiebling

Marcela Schöppner

Tal 44,
80331 München
Germany

Email: service@familienherzensliebling.com

Electronic withdrawal function:

https://familienherzensliebling.com/pages/eu-widerruf

You may use the model withdrawal form provided at the end of this page for this purpose. The use of the model withdrawal form is not mandatory.

For clear identification and prompt processing, the following details should be provided:

– full name of the person who placed the order,
– order number,
– description of the goods affected by the withdrawal, and
– date of receipt of the goods.

If you use the electronic withdrawal function, you will receive a confirmation of receipt of your declaration of withdrawal by email without delay. This confirmation contains the content of your declaration of withdrawal as well as the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient for you to send your unequivocal declaration of withdrawal before the withdrawal period has expired.

Returning the goods without any accompanying statement does not constitute an unequivocal declaration of withdrawal.

The provision of the electronic withdrawal function does not create a right of withdrawal for personalised goods or for other goods that are excluded from the right of withdrawal by law.

CONSEQUENCES OF WITHDRAWAL:

If you effectively withdraw from this contract, we will reimburse all payments received from you in respect of the goods covered by the effective withdrawal.

In the case of a full withdrawal, we will also reimburse the costs of the least expensive standard delivery offered by us.

Additional costs arising from your choice of a delivery method other than and more expensive than the least expensive standard delivery offered by us will not be reimbursed.

In the case of a partial withdrawal, original delivery costs will only be reimbursed to the extent required by law.

Reimbursement will be made without delay and no later than fourteen days from the day on which we received your declaration of withdrawal.

For this reimbursement we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. You will not be charged any fees as a result of the reimbursement.

We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is the earlier.

RETURN OF THE GOODS AND RETURN COSTS:

You must send back or hand over the goods without delay and in any event no later than fourteen days from the day on which you informed FamilienHerzensLiebling of your withdrawal from this contract, to the following return address:

FamilienHerzensLiebling
Tal 44,
80331 München
Germany

The return deadline is met if you send back the goods before the fourteen-day return period has expired.

You bear the direct cost of returning the goods.

In the case of withdrawal from non-defective, non-personalised goods, FamilienHerzensLiebling does not cover return shipping costs and does not provide a free return label.

No justification is required for exercising the statutory right of withdrawal.

In the case of goods that are actually defective, damaged, incorrectly manufactured or incorrectly delivered, the statutory warranty rights and the complaint provisions set out below apply.

RETURN PROCESS:

The withdrawal must be exercised towards FamilienHerzensLiebling by means of an unequivocal statement. Simply returning the goods is not sufficient for this purpose.

For clear identification and prompt processing, the declaration of withdrawal should be submitted before the return or at the latest at the same time as the return. The declaration of withdrawal should state in particular the full name of the person who placed the order, the order number and the goods affected by the withdrawal.

The goods must be sent to the return address stated in Section 5.

The address of a production partner or fulfilment service provider, as well as a sender address stated on the original shipping label, is not a return address unless FamilienHerzensLiebling has expressly stated that address as the return address.

Returns must not be sent on the customer’s own initiative to a production partner, a fulfilment service provider or any other unconfirmed address.

The return must be sufficiently stamped and packaged securely for transport.

A trackable shipping method is recommended as proof of timely dispatch.

Cash-on-delivery shipments will not be accepted.

Shipments sent carriage forward are to be avoided. Additional costs actually incurred and culpably caused by this may be asserted against the customer to the extent permitted by law.

Additional costs, delays or damage arising from a return culpably sent by the customer to an unconfirmed address, from insufficient postage or from packaging that is not secure for transport may be asserted against the customer to the extent permitted by law.

SUPPLEMENTARY RETURN CONDITIONS

HANDLING OF THE GOODS, ORIGINAL PACKAGING AND COMPENSATION FOR LOSS OF VALUE:

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.

Clothing may be tried on carefully, as would also be possible and customary in a physical shop.

A loss of value subject to compensation may arise in particular if the goods:

– have been worn or used beyond a normal fitting,
– have been washed, cleaned, ironed or otherwise treated,
– show stains or other soiling,
– show odours of perspiration, smoke, perfume, body, animals or other foreign odours,
– show animal hair,
– have been damaged, stretched, deformed or altered,
– have been treated or repaired by the customer or a third party,
– have been returned incomplete, or
– show other signs of use that go beyond the handling necessary for inspection.

The goods should be returned complete, clean, unwashed, undamaged and with all supplied components, product tags, labels, accessories and enclosures, provided their removal was not necessary for an appropriate inspection of the goods.

The goods should furthermore be returned in the original product packaging, provided that opening or removing it was not necessary for an appropriate inspection of the goods.

Missing or damaged product packaging, as well as missing product tags, labels, accessories or other components, will only be taken into account if this has resulted in an actual and demonstrable loss of value.

The goods must be packaged in such a way that they are sufficiently protected during the return against soiling, moisture, deformation and other transport damage.

Damage or loss of value caused by culpably insufficient packaging of the return may be asserted to the extent permitted by law.

INSPECTION OF GOODS, PRESERVATION OF EVIDENCE AND OFFSETTING:

Every incoming return is carefully inspected upon receipt.

The mere acceptance or receipt of a shipment constitutes neither an acknowledgement of a right of withdrawal, nor confirmation of a proper condition of the goods, nor confirmation of a full entitlement to reimbursement.

The condition of the goods, the product tags, the labels, the accessories, the product packaging and the shipping packaging may be documented immediately upon receipt by means of photographs, weight records or other suitable evidence.

The inspection may cover in particular:

– the identity and completeness of the returned goods,
– the condition of the material, the surface and the print,
– existing signs of use or wear,
– stains, soiling or foreign odours,
– damage, stretching, deformation or other alterations,
– the presence of labels, product tags, accessories and enclosures, and
– the correspondence of the return with the declaration of withdrawal.

A shipping or lodgement receipt confirms exclusively the dispatch of a shipment. It confirms neither the specific contents of the shipment nor the condition, completeness or identity of the goods contained therein.

The amount of a claim for compensation for loss of value is determined by the loss of value actually incurred and demonstrable.

A legally justified claim for compensation for loss of value may be offset against the reimbursement claim to the extent permitted by law, or asserted separately.

If, due to excessive use, considerable soiling, damage, alteration or incompleteness, the goods can no longer be sold as new or can only be sold with considerable restrictions, the compensation for loss of value may be correspondingly high.

In the case of a demonstrably total loss of value, the compensation may amount to the full value of the goods. In that case, after offsetting, no reimbursement amount in respect of the value of the goods may remain payable.

Acceptance of the goods does not constitute a waiver of any existing claims of FamilienHerzensLiebling for compensation for loss of value, damages or any other claims.

UNAUTHORISED RETURNS:

Personalised goods, as well as other goods for which no statutory or expressly granted right of return exists, are not recognised as a legitimate return.

The mere return of goods does not give rise to any automatic entitlement to reimbursement, exchange, replacement delivery or any other performance.

This applies in particular if:

– the goods are personalised goods,
– no statutory or expressly granted right of return exists,
– the withdrawal period has expired,
– no unequivocal declaration of withdrawal has been made,
– the returned goods are not covered by the declaration of withdrawal, or
– goods other than those ordered or delivered have been returned.

If such a shipment is in fact accepted, acceptance takes place exclusively for the purpose of inspection and without acknowledgement of any legal obligation.

An unauthorised return does not give rise to any automatic claim for reimbursement, exchange or replacement.

If goods returned without authorisation are to be sent to the customer again, the renewed dispatch may be made conditional on prior payment of the packaging and shipping costs actually incurred.

Further statutory claims of FamilienHerzensLiebling remain unaffected.

COMPLAINTS AND WARRANTY CLAIMS

REPORTING AND PHOTOGRAPHIC DOCUMENTATION OF A COMPLAINT:

The statutory right of withdrawal without giving reasons must be distinguished from a complaint regarding an alleged defect, damage, incorrect manufacture, incorrect delivery or non-delivery.

Before returning goods that are the subject of a complaint, the customer must report the complaint by email to service@familienherzensliebling.com

The complaint must be described specifically and completely.

Insofar as this is possible, necessary and reasonable, the following details and evidence in particular must be submitted for inspection:

– full name of the person who placed the order,
– order number,
– exact description of the product complained about,
– specific description of the alleged defect or deviation,
– the time at which the alleged defect or damage was discovered,
– meaningful photographs of the complete product,
– clear close-ups of the specific area complained about,
– photographs of the product marking or care label,
– in the case of an incorrect delivery, photographs of the product received, the product marking and the shipping label, and
– in the case of alleged transport damage, photographs of the outer shipping packaging, the inner packaging, the shipping label and the damaged goods.

In the case of an alleged non-delivery, the order number and all available information on the delivery status or shipment tracking must be provided.

The photographs must be clear, sufficiently lit, unaltered in content and suitable for a proper assessment.

The photographs must show both the complete product and the specific area complained about.

Photographs that are incomplete, blurred, contradictory, manipulated in content or unsuitable for a proper inspection cannot be recognised as sufficient documentation.

FamilienHerzensLiebling may request additional photographs, information or other evidence that is necessary and reasonable for the inspection.

A final assessment is only possible once the information and evidence necessary and reasonable for a proper inspection is available.

If a sufficient assessment based on the photographs is not possible, the customer must make the goods complained about available for the purpose of inspection and possible remedy.

FamilienHerzensLiebling will inform the customer whether, when and to which address the goods are to be returned for inspection, or in what other way they are to be made available.

The documents requested serve the purpose of examining the complaint. Statutory rights in the case of a legitimate defect remain in force.

STORAGE OF THE GOODS COMPLAINED ABOUT:

The goods complained about, as well as the shipping packaging, product packaging, labels, product tags, accessories and enclosures must be kept, insofar as they still exist, until the necessary inspection has been completed.

Until the first inspection has been completed, the goods complained about must not, without prior agreement, in particular be:

– destroyed or disposed of,
– resold or given away,
– worn further or used further,
– washed or cleaned,
– repaired or altered,
– further processed, or
– otherwise substantially altered in their condition.

A return made on the customer’s own initiative to a production partner, a fulfilment service provider or a return address not expressly communicated must be avoided.

INSPECTION AND PROCESSING OF THE COMPLAINT:

The submission of photographs or other evidence, the receipt of a complaint, the request for further information or the acceptance of a return does not constitute an acknowledgement of a defect, of liability or of a claim for reimbursement.

FamilienHerzensLiebling examines in particular:

– whether the product complained about corresponds to the order,
– whether a defect, damage, incorrect manufacture or incorrect delivery exists,
– whether the goods were manufactured in accordance with the order data and any approval given by the customer,
– whether the condition complained about only arose through subsequent use, treatment, cleaning, alteration or damage, and
– what further inspection or statutory remedy is required.

Where there are specific indications of manipulated images, intentionally false information, repeatedly asserted claims for reimbursement, a simultaneous reimbursement and chargeback, or any other attempt at fraud or abuse, FamilienHerzensLiebling may request further evidence, secure existing evidence and initiate legal measures.

If, after inspection, the complaint proves to be legitimate, the statutory warranty rights apply.

In the case of a legitimate remedy, FamilienHerzensLiebling bears the transport, travel, labour and material costs required by law.

If the complaint proves to be unfounded and the customer has provided false information intentionally or culpably or has caused avoidable costs, legally permissible claims of FamilienHerzensLiebling for compensation of the costs and damages actually incurred remain reserved.

MODEL WITHDRAWAL FORM

If you wish to withdraw from the contract, please complete this form and send it back.

To:

FamilienHerzensLiebling

Marcela Schöppner

Tal 44,
80331 München
Germany

Email: service@familienherzensliebling.com

I/We ( ) hereby withdraw from the contract concluded by me/us ( ) for the purchase of the following goods:

Ordered on ________________________________ / received on ____________________________:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) – only if this form is notified on paper:

Date: