TERMS & CONDITIONS

TERMS & CONDITIONS

Obermeier Group GmbH (“the Company”), with registered office in Germany at Friedrichstrasse 171, 10117, Berlin, operates an online shop at the internet address www.frederickandsophie.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions set out below, as applicable at the time the order is placed.

 

§ 1 SCOPE OF VALIDITY

1.1 The website is for personal non-commercial use only and goods made available on the Website are solely intended for end consumers.

1.2 These Terms and Conditions do not regulate the supply of services or the sale of goods performed by third parties that are on the Website through links, banners or other hypertext links. Before sending orders and purchasing goods and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Company shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between users of the Website and third parties.

1.3 These terms and conditions may be modified, without prior written notice at any time. The latest version of the terms and conditions will be posted on the Site, for you to review prior to purchasing any product.

1.4 We recommend that you carefully review our Privacy Policy which also applies when users access the Website and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes the Site collects and uses your personal data.

 

§ 2 ORDERS

2.1 Our online offers are a non-binding invitation to order goods. By submitting an order on the Website, you are entering into a binding contract with us.

2.2 After an order has been placed you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Unless you cancel your order, acceptance of your order and completion of the contract between you and the Company will be completed when you receive an e-mail in which we confirm that your order has been dispatched.

2.3 We reserve the right not to accept your order in the event that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.

2.4 We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Website whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

 

ASSOCIATE ORDERS

2.5 Supply of some of the goods is offered by the Company’s network of independent affiliates, third-party product providers, vendors, suppliers, designers, distributors, merchants, licensors and the like (collectively, “the Associates”). The Associates can drop ship your order directly to you.

 

MINORS

2.6. This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). By registering with this Website, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions). We require that all purchases be made by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live).

 

PRODUCT COLORS & MATERIAL

2.7 We have made every effort possible to ensure the colors and material are displayed accurately. The Company cannot guarantee your computer’s monitor will correctly display the true color. If you have any questions about the color of an item or the material it’s made from please contact care@frederickandsophie.com prior to placing your order.

 

§ 3 PAYMENT

3.1 Payment is possible via credit card (VISA®, Mastercard®, AMEX®) and PayPal®. All payments are subject to verification for security reasons.

3.2 The order amount will be deposited on your card as a payment reservation until your order has either been sent (then the amount will be booked) or cancelled (then the payment reservation will be cancelled).

3.3. All credit card transactions on this site are processed using Paymill, a secure online payment gateway that encrypts your card details in a secure host environment.

3.4 If you are a registered client, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

3.5. To help ensure that your shopping experience is safe, simple, and secure, the Site uses Secure Socket Layer (SSL) technology. Please see Payment.

3.6 Payments will be processed in Euros. Charges for shipping and handling will be made in accordance with our then-current shipping policies. Customers agree that the Company is not responsible for any credit shortages due to currency conversion rates.

 

PAYMENT OF PRE-ORDERS

3.7 If a product is pre-ordered, the 50% of  amount due will be charged to your credit card at the time you place your order. The rest of the amount plus shipping fees will be charged to your credit card at the time your pre-order is dispatched.

 

§ 4 SHIPPING FEES, TAXES AND INTERNATIONAL DUTIES

4.1 All orders with the exception of Drop Ship orders, are shipped from our warehouse in Germany.

 

EUROPEAN UNION (EU)

Shipments within the European Union, will be charged with VAT at the time you place your order. No other tax or import duty will be applied to orders shipped within the European Union.

 

NON-EU/ REST OF THE WORLD

Shipments outside the European Union are on a DDU (Delivery Duty Unpaid) basis, no taxes or duties will be charged by the Website. This detail will be noted at Checkout and on the confirmation email sent once your order has been placed. As the recipient, you will be responsible and liable for all import duties, customs and local sales taxes levied by the non-EU country of delivery. Payment of these amounts might be necessary to release your order from customs on arrival.

 

§ 5 RETENTION OF OWNERSHIP

We retain ownership of the delivered goods until payment of the purchase price has been made in full.

 

§ 6 SHIPPING

6.1 If you order products available for immediate shipping, the Company will dispatch your order within 1-3 days after order confirmation and receipt of payment. The delivery time frame is contingent upon credit card approval and on the presumption that you have complied properly and in good time with all contractual obligations, including providing the Company with correct address details during the ordering process.

6.2 The delivery time may be delayed should the Company experience difficulties in obtaining authorization. We may inform you about deviating delivery times and, if applicable, additional shipping costs in connection with the relevant display of goods or as part of the ordering process.

6.3 Not all products are available for sale and delivery to all countries. Please see SHIPPING RESTRICTIONS.

6.4 We do not deliver to packing stations, post boxes or “poste restante”. All orders are dispatched with ‘No Signature Required’ and may be left at a residence deemed safe by the delivery company. The Company is not responsible for any loss or liability or damage that may result from leaving your package at the shipping address without a signature. If you prefer to have your order shipped with ‘Signature Required’ please contact care@frederickandsophie.com so that we may make arrangements.

6.5 If, without being personally responsible, the Company is not able to deliver the ordered products because a supplier of the Company has not fulfilled its contractual obligations, then you shall be notified of this immediately and payments made shall be refunded. This shall not affect your statutory claims.

 

SHIPPING RESTRICTIONS

6.6 Due to international trading agreements, and regulations, and due to customs and transport restrictions, the Company must adhere to particular shipping restrictions. We are unable to ship pressurized or flammable items by air at this time.Orders containing fragrance, acetone and aerosol products must be delivered via our standard shipping option.

There may also be specific exclusions relating to individual products or restrictions on certain products dependent on the country of export. You will be notified about any products affected by this at checkout.

 

DELIVERY OF PRE-ORDERS

6.7 A PRE-ORDER is the reservation of an item that is not yet available for sale, but will be soon. An estimated delivery date is indicated for each pre-order item on the item’s product page.

 

ASSOCIATE ORDERS

6.8 Supply of some of the goods is offered by the Company’s network of independent affiliates, third-party product providers, vendors, suppliers, designers, distributors, merchants, licensors and the like (collectively, “the Associates”). The Associates can drop ship your order directly to you from their warehouse.

 

§ 7 DEFAULT OF ACCEPTANCE

7.1 In case of untimely instruction of potentially necessary dispatch provisions or untimely collection of the goods, you shall be deemed to be in default of acceptance. In case of default of acceptance, the Company is entitled – at our own discretion – to claim compensation for any possible damage and to execute dispatch in your name. Additional expenses incurred must then be born or reimbursed by you. We reserve the right to make further claims.

7.2 You shall retain the right to prove that the damages were not equal to the amount claimed or were considerably lower. The risk of accidental damage or coincidental loss of quality of the purchased product will pass over to you at the moment when a default of acceptance or payment occurs.

 

§ 8 WARRANTY

8.1 In the event of a defect, you have the choice between a rectification of the defect or a replacement delivery. We are, however, entitled to refuse your choice if our subsequent performance can only be provided with disproportionate costs and the other form of subsequent performance would be without any considerable disadvantages for you.

8.2 If the subsequent performance fails or the Company has refused the subsequent performance, then you may choose to reduce the purchase price (price reduction) or withdraw from the contract altogether. Any claims for compensation by you shall not be affected by this.

 

§ 9 STATUTORY RIGHT OF WITHDRAWAL

9.1 If you are a consumer based in the EU, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have a statutory right of withdrawal provided you give us written notice. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.

9.2 The right of withdrawal is not applicable to:

  • products that are personalized, bespoke, altered or otherwise made to your specification

Due to transport restrictions, the right of withdrawal does not apply to:

  • perishable goods (including food and beverages)
  • beauty products and fragrances
  • certain accessories and fine jewelry
  • underwear, nightwear and swimwear, unless the protective adhesive strip is still in place and in a saleable condition
  • certain homewares (mattresses and divans [when sold with a mattress], duvets, mattress toppers, protectors and pillows, and bed linen)
  • pharmaceutical products
  • any other items designated as non-returnable at the time of purchase

9.3 The right to withdraw exists to allow you to examine the product in the same way as you would in a shop. You may withdraw your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

9.4 You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is observed if you send off the goods before the deadline of fourteen days has expired.

9.5 To administer your statutory right of withdrawal, please send an explicit declaration stating that you are repealing your contract of purchase to Obermeier Group GmbH, division FREDERICK & SOPHIE, Friedrichstrasse 171, 10117, Berlin, Germany or via e-mail: care@frederickandsophie.com.

9.6 You may use the Model withdrawal form that can be found hereafter; however, it is not mandatory to use this template. It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted. For further assistance please contact care@frederickandsophie.com

 

Model withdrawal form

If you want to withdraw from the contract, please fill out this form and send it back to Obermeier Group GmbH, Friedrichstrasse 117, 10117, Berlin, Germany or by e-mail: care@frederickandsophie.com

For fast processing, we advice sending the form by e-mail.

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),

•Date

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

(*) Delete as appropriate.

End of withdrawal instructions

 

EFFECTS OF WITHDRAWAL

9.5 If you claim your statutory right of withdrawal and repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer), immediately and within 14 days at most, effective the day that we receive your withdrawal. The time it takes to receive your refund depends on the payment method or your credit card provider.

9.6 The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

9.7 We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

9.8 The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days.

9.9 All return shipments are at our expense if you use the return slip and label sent to you after contacting us at care@frederickandsophie.com , and if you return the goods with the specified service provider. Otherwise you will have to bear the direct cost of returning the goods.

9.10  Please avoid damaging and staining the goods. A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary. The extent to which you can handle the goods is the same as it would be if you were assessing them in a brick and mortar shop.

 

§ 10 VOLUNTARY RETURNS RIGHT

10.1 In addition to the statutory right of withdrawal, the Company also offers the following voluntary right of return: You may return goods purchased on the Website within fourteen days after delivery. The voluntary right of return does not apply to NON-RETURNABLE products. Please see §10.9.

10.2 Returns from within the EU are at our expense if you use the return slip and label sent to you after informing us about your wish to return. For returns from outside of the EU return shipping costs are applicable.

10.3 To return a product, we request that you contact us at care@frederickandsophie.com regarding your return(s), to receive a RETURN FORM. All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. Unidentified returns will be returned to the sender. Please note that the Company may not accept liability for any good returned to us.

10.4 Please note that the Company can only accept Returns from the country which the shipment was sent to. If – for example – the shipment was sent to Germany, we can only accept a Return from Germany.

10.5 Products should be returned unused, in their original condition and packaging, including box and product card if applicable. Returns that are soiled, altered or damaged may not be accepted.

10.6 When your return is applicable for a refund, please note that a refund is always credited to the payment method with which the original purchase was made. Potential losses due to currency fluctuations will not be refunded.The refund is always credited in the same currency as the original purchase.The refund is always credited to the purchaser’s account.

10.7 Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers. Your shipping costs will be excluded unless the item is faulty or canceled under the ICACRs as described in § 9 STATUTORY RIGHT OF WITHDRAWAL.

10.8 This voluntary right of return does not limit your right to the above-mentioned statutory right of withdrawal. For further assistance please contact: care@frederickandsophie.com

 

NON-RETURNABLE PRODUCTS

10.9 Products that are personalized, bespoke, altered or otherwise made to your specification are final sale and non returnable.

Due to transport restrictions, the following products are non-returnable:

  • perishable goods (including food and beverages)
  • beauty products and fragrances
  • certain accessories and fine jewelry
  • underwear, nightwear and swimwear, unless the protective adhesive strip is still in place and in a saleable condition
  • certain homewares (mattresses and divans [when sold with a mattress], duvets, mattress toppers, protectors and pillows, and bed linen)
  • pharmaceutical products
  • any other items designated as non-returnable at the time of purchase

 

LATE RETURNS

10.10 Any product returned outside of the 14-day return policy are at the discretion of the Company, and may not be accepted.

 

REPEATED RETURNS

10.11 We offer our returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your FREDERICK & SOPHIE account or future orders being refused.

 

§ 11 LIMITATION OF LIABILITY

11.1 In no event shall the Company or its suppliers have any obligations or liabilities outside of the reasonable foreseeable consequences of negligence or failure, depending on the type of product.

11.2 The Company is not responsible for losses not caused by our negligence, and/ or indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

11.3 The Company is also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control. In the event of negligence or failure regarding non-contractual obligations, in which the violation puts the performance of the contract at risk, we and our suppliers shall not be held liable.

11.4 The aforementioned limitations of liability shall not apply with claims based on product liability or the warranty, nor claims based on personal injury or injury to health or loss of life.

 

§ 12 OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS

12.1 All intellectual property including but not limited to text, artwork, graphics, photographs, logos, sounds, music, user interfaces, visual interfaces and computer code (the “Content”) is owned by the Company or its brand partners.

12.2 Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) and you are not permitted to copy, reproduce, republish, upload, post, publicly display, translate, transmit or distribute the Content in any way without the Company’s prior written permission.

 

TRADEMARKS

12.3 FREDERICK & SOPHIE, POPPY & PARKER and other marks indicated on our site are trademarks of the Company. This website’s design, structure, selection, coordination, graphics, logos, page headers, button icons, scripts, expression, “look and feel” and arrangement of it are trademarks or trade dress of the Company. The Website’s trademarks and trade dress may not be used in connection with any product or service that is not of the Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on the Website are the property of their respective owners.

 

§ 13 CONFIDENTIALITY

13.1 We shall treat all personal data as confidential and in accordance with data protection rules. We shall not pass on your data without receiving your explicit agreement and only within the scope of what is required to perform the contract, such as to the delivery company.

Please refer to our Privacy Policy for further information about how we use your data.

 

§ 14. DISPUTE RESOLUTION

14.1 The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available under the following link: https://ec.europa.eu/consumers/odr. However, the Company is not obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution board.

 

§ 15 APPLICABLE LAW, COURT OF JURISDICTION

15.1 To all matters relating to the use of this Website and purchase of Products, the law of the Federal Republic of Germany applies, with exclusion of the UN Convention on the International Sale of Goods (CISG), as long as this choice of jurisdiction does not lead to the mandatory consumer protection standards being withdrawn.

15.2 The responsible court of jurisdiction shall be Berlin, unless the dispute justifies an exclusive place of jurisdiction.

 

§ 16 FINAL PROVISION

16. 1 If any provision of this contract is invalid or unenforceable, this shall not affect the remaining provisions.

 

Version: 8 September 2019

 

Obermeier Group GmbH | FREDERICK & SOPHIE
Seat of Company: Friedrichstrasse 171, 10117, Berlin, Germany, Managing Directors: Markus Obermeier, Priscilla Obermeier; Charlottenburg District Court: HRB 150947, VAT-ID: DE 290734851