top of page

Terms & Conditions

§ 1 Scope of Application, Definitions

(1) The following General Terms and Conditions, in the version valid at the time of the order, shall apply exclusively to the business relationship between ISEA and the customer. Deviating general terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of § 13 BGB (German Civil Code) insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur, pursuant to § 14 BGB, is any natural or legal person or partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity.

 

§ 2 Formation of Contract

(1) The customer may select products from the range on offer and add them to a shopping cart via the "Add to Cart" button. By clicking the "Order Now" button, the customer submits a binding offer to purchase the items in the shopping cart. The customer may review and amend the order at any time before submitting it. By clicking "Order Now", the customer agrees to the applicability of these General Terms and Conditions and the provisions regarding the right of withdrawal.

(2) The provider will then send the customer an automatic acknowledgement of receipt by email, listing the customer's order, which the customer can print out. This automatic acknowledgement merely documents that the customer's order has been received by the provider and does not constitute acceptance of the request. The contract is only formed upon the provider's declaration of acceptance, which is sent by a separate email (order confirmation). In this email, or in a separate email — at the latest upon delivery of the goods — the contract text (consisting of the order, these conditions, and the order confirmation) will be sent to the customer by email (contract confirmation). The contract text is stored in compliance with data protection requirements under the GDPR.

(3) The contract shall be concluded in English.

 

§ 3 Delivery, Product Availability

(1) Delivery times stated by the provider are calculated from the time of the order confirmation, subject to prior payment of the purchase price.

(2) If, at the time of the customer's order, no units of the selected product are available, the provider shall inform the customer of this without delay in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, no contract shall be formed.

 

§ 4 Retention of Title

(1) The delivered goods shall remain the property of ISEA until payment has been made in full.

 

§ 5 Prices and Shipping Costs

(1) All prices stated on the provider's website are inclusive of the applicable statutory value-added tax.

(2) The applicable shipping costs are displayed to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.

(3) The risk of shipping is borne by the provider where the customer is a consumer.

(4) In the event of a withdrawal, the customer shall bear the direct costs of returning the goods. The customer shall, however, not bear the shipping costs if the ordered goods were delivered incorrectly or were defective.

 

§ 6 Payment Methods

(1) The customer may make payment via PayPal or credit card.

(2) The customer may change the payment method saved in their user account at any time before submitting the order.

 

§ 7 Statutory Warranty, Guarantee

(1) The provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the provider to entrepreneurs shall be 24 months. Any guarantee shall apply independently of the statutory warranty.

(2) If the customer is an entrepreneur, any defects must be reported to the provider in writing without delay, and at the latest within two weeks of delivery, in order to preserve warranty claims. The defective items must be kept available for inspection by the provider in the condition they were in at the time the defect was identified.

(3) An additional guarantee shall only apply to goods delivered by the provider where it has been expressly stated in the order confirmation for the respective item.

(4) In the event of transport damage, the customer must raise an objection and notify the company without delay. ISEA shall be liable for transport damage.

 

§ 8 Right of Withdrawal

(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, about which the provider informs consumers below in accordance with the statutory model. Exceptions to the right of withdrawal are governed by paragraph (2). A model withdrawal form can be found in paragraph (3).

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you, or a third party nominated by you who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must notify ISEA (weareisea.com, Putzbrunnerstrasse 15, 85662 Hohenbrunn, boutiqueisea@gmail.com) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, excluding delivery costs, without undue delay and in any event no later than 14 days from the day on which we receive notification of your withdrawal from this contract. In the case of a complete return of goods, we reserve the right to subsequently charge the originally incurred shipping costs. 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 until you have supplied evidence of having sent back the goods, whichever is the earliest. You must send back or hand over the goods to us without undue delay and in any event no 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 shall bear the direct cost of returning the goods. 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.

(2) Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

  • Goods made to the customer's specifications or clearly personalised

  • Sealed goods which are not suitable for return due to health protection or hygiene reasons, where the seal has been removed after delivery (e.g. underwear, swimwear)

  • Gift cards and vouchers

(3) Model Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

To: ISEA, Putzbrunnerstrasse 15, 85662 Hihenbrunn, boutiqueisea@gmail.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale 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 submitted on paper)

— Date

(*) Delete as appropriate.

 

§ 9 Data Protection

(1) The customer agrees to the storage of personal data in the context of the business relationship with the provider, in compliance with data protection laws — in particular the GDPR. Data shall not be passed on to third parties unless this is necessary for the performance of the contract.

(2) Where the customer transmits data relating to third parties, the customer warrants that they have obtained the consent of those third parties and shall indemnify the provider against any claims in this regard.

(3) The rights of the customer or the person affected by data processing arise in particular from the following provisions of the GDPR:

  • Article 7(3) – Right to withdraw consent under data protection law

  • Article 15 – Right of access, right to confirmation and provision of a copy of personal data

  • Article 16 – Right to rectification

  • Article 17 – Right to erasure ('right to be forgotten')

  • Article 18 – Right to restriction of processing

  • Article 20 – Right to data portability

  • Article 21 – Right to object

  • Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling

  • Article 77 – Right to lodge a complaint with a supervisory authority

(4) To exercise these rights, the customer or data subject is requested to contact the provider by email, or in the case of a complaint, to contact the competent supervisory authority.

 

§ 10 Dispute Resolution

(1) The EU platform for out-of-court online dispute resolution is available at the following internet address: https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and the applicability of mandatory provisions — in particular those of the state in which the customer as a consumer has their habitual residence — shall remain unaffected.

(2) Where the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.

(3) Should individual provisions of this contract be or become legally invalid, the contract shall remain binding in its remaining parts. The invalid provisions shall, where available, be replaced by the applicable statutory provisions. Where this would represent an unreasonable hardship for one of the contracting parties, however, the contract shall become invalid as a whole.

 

Contact

ISEA

Website: www.weareisea.com

Email: boutiqueisea@gmail.com

Address: Putzbrunnerstrasse 15, 85662 Hohenbrunn

bottom of page