Terms and conditions

Article 1 – Definitions

In these Terms & Conditions, the following definitions apply:

• Cooling-off period: the period during which the consumer may exercise the right of withdrawal.

• Consumer: a natural person not acting for purposes relating to trade, business, craft, or profession, who enters into a distance contract with the merchant.

• Day: calendar day.

• Fixed-term contract: a distance contract relating to a series of products and/or services for which the obligation to deliver and/or purchase is spread over time.

• Durable data carrier: any tool that enables the consumer or the merchant to store information addressed personally to them in a way that allows future consultation and unaltered reproduction.

• Right of withdrawal: the consumer’s option to dissolve the distance contract within the cooling-off period.

• Merchant: the natural or legal person who offers products and/or services to consumers at a distance.

• Distance contract: a contract concluded within the framework of a system organized by the merchant for distance sales of products and/or services, where, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

• Means of distance communication: any means that can be used to conclude a contract without the consumer and the merchant being simultaneously present in the same space.

• Terms & Conditions: these Terms & Conditions of the merchant.

Article 2 – Identity of the Merchant

Business name: Alice Avery
Address: 161 King St, Charleston, SC 29401, United States
Customer Service Email: info@alice-avery.com

Article 3 – Applicability

1. These Terms & Conditions apply to every offer by the merchant and to every distance contract and order concluded between the merchant and the consumer.

2. Before a distance contract is concluded, the text of these Terms & Conditions will be made available to the consumer. If this is not reasonably possible, the merchant will indicate, prior to the conclusion of the distance contract, where the Terms & Conditions can be reviewed and that they will be sent free of charge upon request.

3. If the distance contract is concluded electronically, the text of these Terms & Conditions may be provided electronically in such a way that the consumer can easily store it on a durable data carrier. If not reasonably possible, the merchant will indicate where the Terms & Conditions can be accessed electronically and that they will be sent free of charge upon request.

4. If, in addition to these Terms & Conditions, product- or service-specific terms apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms the consumer may rely on the provision most favorable to them.

5. If one or more provisions of these Terms & Conditions are at any time wholly or partially void or annulled, the agreement and the remaining provisions remain in force; the relevant provision will be replaced promptly by mutual agreement with a provision that most closely reflects the original intent.

6. Situations not regulated in these Terms & Conditions must be assessed in the spirit of these Terms & Conditions.

7. Ambiguities regarding the interpretation or content of one or more provisions must be interpreted in the spirit of these Terms & Conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

2. The offer is non-binding. The merchant reserves the right to modify or adjust the offer.

3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment. If the merchant uses images, these are intended to faithfully represent the products and/or services. Obvious errors or mistakes in the offer do not bind the merchant.

4. All images, specifications, and data in the offer are indicative and cannot be a reason for compensation or termination of the agreement. Product images aim to represent the items offered; however, the merchant cannot guarantee that displayed colors exactly match the actual colors of the products.

5. Each offer includes information making it clear to the consumer what rights and obligations are attached to acceptance of the offer, in particular:

   • the price (exclusive of any import duties, customs clearance fees, and import taxes that may be collected from the recipient by the carrier or customs, where applicable);

   • any shipping costs (if applicable);

   • how the agreement will be concluded and what actions are required;

   • whether a right of withdrawal applies;

   • the method of payment, delivery, and performance;

   • the period for accepting the offer or the period during which the price is honored;

   • whether the contract will be archived and, if so, how it can be accessed by the consumer;

   • how the consumer, before concluding the contract, can check and, if necessary, correct the information provided;

   • the languages in which the contract can be concluded;

   • any codes of conduct to which the merchant is subject and how the consumer can consult them electronically; and

   • the minimum duration of a distance contract in the event of a continuing performance transaction.

   • (Optional) available sizes, colors, materials.

Article 5 – The Agreement

1. Subject to paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions stated therein.

2. If the consumer has accepted the offer electronically, the merchant will promptly confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the merchant will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the merchant will observe appropriate security measures.

4. The merchant may, within the limits of the law, obtain information about the consumer’s ability to fulfill payment obligations, as well as facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, the merchant has good grounds not to enter into the agreement, the merchant is entitled to refuse an order or request or to attach special conditions to performance, stating reasons.

5. The merchant will include the following information with the product or service, in writing or in a form that allows storage on a durable data carrier: the merchant’s contact address for complaints; the conditions and manner in which the consumer may exercise the right of withdrawal (or clear information regarding exclusion of the right of withdrawal, if applicable); information on existing after-sales services and warranties; the data referred to in Article 4(5) unless already provided prior to performance; and the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.

7. Every agreement is concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of Withdrawal

1. When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days. The cooling-off period commences on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.

2. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If exercising the right of withdrawal, the consumer will return the product with all accessories supplied and—if reasonably possible—in its original condition and packaging, in accordance with reasonable and clear instructions from the merchant.

3. If the consumer wishes to exercise the right of withdrawal, they must notify the merchant within 30 days of receipt of the product by written notice or email. After such notice, the consumer must return the product within 30 days. The consumer must be able to prove that the goods were returned on time (e.g., with proof of shipment).

4. If the consumer has not indicated the intention to exercise the right of withdrawal within the periods referred to in paragraphs 2 and 3, or has not returned the product to the merchant in time, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer.

2. If the consumer has paid an amount, the merchant will refund this amount as soon as possible and no later than 14 business days after withdrawal, provided the merchant has received the returned product or conclusive evidence of a complete return has been supplied.

Article 8 – Exclusion of the Right of Withdrawal

1. The merchant may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. Exclusion is only possible if it was clearly stated in the offer, at least within a reasonable time before the conclusion of the contract.

2. Exclusion is only possible for products:

   • made according to the consumer’s specifications;

   • clearly personal in nature;

   • which by their nature cannot be returned;

   • that can deteriorate or expire rapidly;

   • whose price depends on fluctuations in the financial market beyond the merchant’s control;

   • individual newspapers and magazines;

   • audio/video recordings and computer software if the seal has been broken by the consumer;

   • hygienic products if the seal has been broken by the consumer.

3. Exclusion is only possible for services that:

   • relate to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

   • have begun with the consumer’s express consent before the end of the cooling-off period;

   • relate to betting and lotteries.

Article 9 – Price

1. During the validity period stated in the offer, prices of products and/or services will not be increased, except for price changes resulting from changes in applicable taxes or duties.

2. Contrary to the previous paragraph, the merchant may offer products or services whose prices are subject to fluctuations in the financial market beyond the merchant’s control, with variable prices. The link to fluctuations and the fact that any prices stated are target prices will be indicated in the offer where applicable.

3. Price increases within three months of concluding the agreement are permitted only if they result from statutory regulations. Price increases after three months are permitted if stipulated by the merchant and the consumer may terminate the contract as of the date the increase takes effect.

4. Depending on destination, no sales tax may be charged by the merchant at checkout in cases where import VAT/duties are collected by the carrier or customs upon entry into the destination country/region. In such cases, any import VAT, duties, and customs fees are payable by the recipient.

5. All prices are subject to printing or typographical errors. The merchant accepts no liability for the consequences of such errors. In the event of errors, the merchant is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

1. The merchant warrants that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of reliability and usability, and to applicable legal provisions and/or government regulations in force at the time of the contract. If agreed, the merchant also warrants that the product is suitable for use other than normal use.

2. Any warranty provided by the merchant, manufacturer, or importer does not affect the consumer’s legal rights and claims against the merchant under the agreement.

3. Any defective or incorrectly delivered products must be reported to the merchant in writing within 14 days after delivery. Products must be returned in original packaging and in new condition.

4. The merchant’s warranty period corresponds to the manufacturer’s warranty period. The merchant is never liable for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

5. The warranty does not apply if:

   • the consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

   • the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the merchant’s and/or packaging instructions;

   • the defect is wholly or partly the result of regulations set or to be set by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

1. The merchant will take the greatest possible care when receiving and executing orders for products.

2. The place of delivery is the address provided by the consumer to the merchant.

3. Subject to Article 4 of these Terms & Conditions, the merchant will execute accepted orders with due speed and no later than 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost and is entitled to any applicable refund.

4. In the event of dissolution in accordance with the previous paragraph, the merchant will refund the amount paid by the consumer as soon as possible and no later than 14 days after dissolution.

5. If delivery of an ordered product proves impossible, the merchant will make reasonable efforts to supply a replacement item. At the latest upon delivery, it will be stated clearly that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of returning such an item are borne by the merchant.

6. The risk of damage to and/or loss of products rests with the merchant until the moment of delivery to the consumer or a pre-designated representative made known to the merchant, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Term, Termination, and Renewal

Termination

1. The consumer may terminate an open-ended agreement for the regular supply of products or services at any time, subject to the agreed termination rules and a maximum notice period of one month.

2. The consumer may terminate a fixed-term agreement for the regular supply of products or services at the end of the fixed term, subject to the agreed termination rules and a notice period not exceeding one month.

3. Consumers may terminate the agreements referred to above:

   • at any time and not be limited to termination at a specific time or in a specific period;

   • at least in the same way they were entered into;

   • always with the same notice period that the merchant has stipulated for itself.

Renewal
4. A fixed-term agreement for the regular supply of products or services may not be tacitly renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed-term agreement for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate the renewed agreement towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term agreement for the regular supply of products or services may be tacitly renewed for an indefinite term only if the consumer may terminate at any time with a notice period not exceeding one month (or three months if the agreement concerns the supply of newspapers and magazines less than once a month).
7. An introductory (trial) subscription for daily or weekly newspapers and magazines does not continue tacitly and ends automatically at the end of the trial period.

Duration
8. If an agreement lasts more than one year, after one year the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

1. Unless otherwise agreed, amounts owed by the consumer are due upon purchase/checkout. If a reflection period applies, payment is due within 7 business days from the start of the reflection period, unless otherwise stated for services.

2. The consumer has the duty to report inaccuracies in provided or stated payment details to the merchant without delay.

3. In the event of non-payment by the consumer, the merchant has the right—subject to legal restrictions—to charge reasonable costs communicated to the consumer in advance.

Article 14 – Complaints Procedure

1. Complaints about performance of the agreement must be submitted to the merchant within 7 days after the consumer discovered the defects, with a complete and clear description.

2. Complaints submitted to the merchant will receive a response within 14 days from the date of receipt. If a complaint foreseeably requires a longer processing time, the merchant will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

3. If a complaint cannot be resolved by mutual agreement, a dispute arises that may be submitted according to the dispute resolution procedure below.

4. A complaint does not suspend the merchant’s obligations, unless the merchant indicates otherwise in writing.

5. If the merchant finds a complaint justified, the merchant will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes and Governing Law

For agreements between the merchant and the consumer to which these Terms & Conditions apply, the laws of the State of South Carolina, USA shall govern, without regard to conflict-of-laws principles. Venue and jurisdiction lie with the competent courts located in South Carolina, unless mandatory law provides otherwise.