Terms and Conditions
& Client Information

Effective from January 2018

1. ABOUT US AND THE USE OF THIS WEBSITE

1.1 This website is operated by MaureAlegre GmbH („We/us“), a company, registered in Germany with the district court of Berlin-Charlottenburg under the number HRB 168 897 B with office at Uhlandstr. 155, 10719 Berlin, Germany. If you have any comments or suggestions we would be pleased to receive them by mail at the above mentioned address or by e-mail at customercare@phylyda.com.

1.2 This website exists in English and German. It is up to you to choose your language. The chosen language will also be the language of the contract.

1.3. These Terms and Conditions are binding for all orders placed by a customer („You“) via this website as set out at that time on this website. No diverging terms and conditions are accepted from our side except where specifically agreed in writing. These terms and conditions may be downloaded and printed for your personal use.

1.4. We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or any legal head of liability) in relation to your use or inability to use or delay in use of the website or any material in it or accessible from it or arising from any action or decision taken as a result using the Website or any such material for any direct, indirect or consequential losses, damages, costs or expenses, whether or not such losses were reasonably foreseeable or wether we had been advised of the possibility of you incurring such losses.

2. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

The intellectual property rights in all software and content (including photographic images) made available to you on or through this website remains the property of MaureAlegre GmbH or its licensors and are protected by copyright laws and treaties around the world. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

3. CUSTOMERS ACCOUNT AND REGISTRATION

In order to be able to order our products on this website you need to register and open an account. You will be asked to state some personal data, e.g. your e-mail account or your residence and your delivery address etc. Otherwise we would not be able to accept your orders.

3.1 By registering on our website or by placing an order you warrant:
- that you are at least the age of majority in your state or province of residence
- that you are a consumer, not a person who acts with commercial purposes e.g. as a reseller or in the interest of a commercial entity
- that all your stated personal data are correct, complete and up to date

3.2 Your personal data will be stored and processed by us only for the completion of the business transaction (For further details see para 5 below).

3.3 With your order you will get an e-mail which states all the personal data used and stored by us.

4. PRIVACY AND PERSONAL DATA STORAGE

Please look at our Privacy Policy Statement which forms part of these General Terms and Conditions.

5. SELECTING PRODUCTS AND THE ORDERING PROCESS

5.1 After having found the products you are interested in, you may select these articles and put them in the cart by pressing the corresponding button. At any time you may check the content of your cart without any obligation. You may also delete at any time an article from your cart. When you wish to order the products in your cart you may click on the button for check-out.

5.2. When you click on the button confirming your order of the products which you have put in your shopping cart at the price shown on the website with all additional charges, especially delivery charges, you are sending us a binding order and we ask you to settle your purchase with the payment methods offered by us (v. 6.2 below).

5.3 If you discover that you have made a mistake with your order after you submitted it to us, please get in touch with customercare@phylyda.com immediately. We will do our best but cannot guarantee that we will be able to amend your order in accordance with your instructions in time.

6. PAYMENT

6.1 Prices of goods delivered in EU-Member states include VAT. Buyers with residence and delivery address outside the EU are discharged from VAT, but may have to pay additional charges for customs duties or other fees depending of the country of destination.

6.2 You shall pay for the product and the corresponding charges at the time of ordering by communicating your credit or debit card details from a credit or debit card company accepted by us which we require in order to process your order. We offer in principle payment by VISA and MASTER CARD, GIROPAY (GERMANY only), SOFORT Banking ((international), PAYDIREKT, PAYPAL and AMAZON PAY. These payment methods are not guaranteed and may change i.a. depending of your country. In any case we shall not be bound to supply before we have received cleared funds in full. The goods delivered remain property of MaureAlegre GmbH until full payment has been received. Credit Card payments as well as SOFORT Banking, Giropay, and Paydirekt will be processed through our Payment provider Stripe Payments UK Ltd. 7th Floor The Bower Warehouse, 211 Old Street, London EC1VSNR, United Kingdom. We will not have an access to your credit card number.

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

  • Get first. Pay later (in 14 days): The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. The complete terms and conditions for deliveries to Germany you can find here and the complete terms and conditions for deliveries to Austria you can find here.
  • Slice it (only available for Germany): With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Part Payment including terms and conditions and Standard European Consumer Credit Information you can find here.

The payment methods invoice, part payment and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. Further information and Klarnas user terms for Germany you can find here and for Austria here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement for Germany/ Austria.

6.3 You undertake that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.

6.4 Invoices, order confirmations, order breakdowns and credit notes shall be provided in electronic form only.

7. WARRANTIES

7.1 We warrant:
- that the product will be delivered without shortcomings. Should the object of purchase be deficient, statutory provisions shall apply.
- that the product will conform with the presentation on the website. Minor discrepancies between the presentation and the actual products do not qualify as a defect of the ordered goods.

7.2. You are asked to notify any obvious transport damages to the forwarding agent and inform us accordingly. This will not affect your statutory or contractual claims for defects.

8. DELIVERY POLICY

8.1 We undertake to use reasonable endeavors to deliver the products bought, on or before the date for delivery set out in the order confirmation. Where no date is set out in the order confirmation, we ship the goods within 3 days after receipt of the order.

8.2. Delivery charges depend on the country of destination and will be shown to you and accepted by you in the ordering process. Here we give you an estimation of delivery charges and delivery times for different shipment methods.

9. RETURNS

We accept your wish to return your purchase within the below stated time limits. In all cases we kindly ask you to try on the delivered items only wearing undergarments and with the protective hygiene strip remaining in place. All garments returned must be in their original condition, unworn and unwashed, without make-up or deodorant marks and with the original tags intact.

Returns for customers with residence
and delivery address in the European Union:

These customers have the right to withdraw from an order as lined out under para 10.

Returns for customers with residence
and delivery address outside of the European Union:

We accept the return of your purchase, provided you inform us of your desire to return the received good within 8 days after receiving the goods and that you send them back to us within the following 10 days.

To do so you may use your Phylyda customer account or write an E-mail to customercare@phylyda.com indicating the reason of the return. We will then eventually advise you on how to send back the goods and send you a prepaid return label. But this is not obligatory. In any case it is up to you to bear the direct cost of returning the goods. As soon as we receive the returned goods in original condition we will issue your refund. In case we have sent you a prepaid return label we will deduct the return shipping costs which will not exceed the initial shipping costs.

10. RIGHT TO WITHDRAW FROM AN ORDER - FOR EU CONSUMERS ONLY

10.1 Information concerning the exercise of the right of withdrawal:

Right of withdrawal:
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods you have ordered.To exercise the right of withdrawal, you must inform MaureAlegre GmbH, Uhlandstr. 155 , 10719 Berlin/Germany, E-Mail: customercare@phylyda.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail). You may use the model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal:
If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.’. You will have to bear the direct cost of returning the goods. You shall send back the goods or hand them over to us - MaureAlegre GmbH, Uhlandstr. 155, 10719 Berlin - without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

10.2 Model withdrawal form, you can copy/paste the following text:


To: MaureAlegre GmbH, Uhlandstr. 155, 10719 Berlin/Germany,
E-Mail: customercare@phylyda.com
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the
following goods (1)/

Ordered on (1) /received on (1),

Name of consumer(s),

Address of consumer(s),

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

Date
(1) Delete as appropriate
Download the document here.

11. SEVERABILITY

If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

12. GOVERNING LAW

These General Terms and Conditions for the use of this website and of business on the basis of this website, and all non-contractual relationships arising out of or connected to it or them, shall be governed by and construed in accordance with German law, excluding the UN Convention for Contracts on the International Sale of Goods. You submit to the exclusive jurisdiction of the courts of Berlin/Germany to settle any dispute which may arise under these General Terms and Conditions.

For consumers with regular residence within the European Union the contractual relations between us shall be governed by the law of the country in which you have your habitual residence, excluding the application of the UN Convention for Contracts on the International Sale of Goods. In this case a competent court in the country of your habitual residence will have jurisdiction for the settlement of disputes.

13. EXTRAJUDICIAL DISPUTE SETTLEMENT

13.1 The European Union has established an Online platform for the extrajudicial settlement of disputes between consumers and online sellers which you may address. You find the platform on http://ec.europa.eu/consumers/odr/ . Our Email - adress is customercare@phylyda.com.

13.2 MaureAlegre GmbH is neither legally bound nor disposed to participate in dispute settlement proceedings before a conciliation or arbitration body.