atthrea statute

1. The online store operating at the address www.atthrea.com conducts commercial activities in the sale of exclusive women’s apparel. The store offers the possibility of product delivery throughout the European Union.
2. This regulation covers consumer sales in accordance with the provisions of the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827). A consumer is a person as defined in Article 22¹ of the Civil Code. Within this regulation, a Consumer is also considered to be a natural person who enters into an agreement directly related to their economic activity, with the proviso that it follows from the content of this agreement that it does not have a professional character, particularly in connection with the subject of their economic activity, which has been made available based on the provisions on the Central Register and Information on Economic Activity. A customer making a purchase in the online store should familiarize themselves with this regulation. When placing an order, the customer will be asked to accept the provisions of the regulation using the provided “check-box” option.
3. The owner of the online store is atthrea GmbH with headquarters in Berlin, Kurfürstenstr. 114, 10787 Berlin, Germany, registered with the Chamber of Commerce under registration number HRB 248478, VAT ID: DE359262571, share capital 25,000 EUR, fully paid (Seller).
4. Contact with atthrea is possible in the following ways: a. By email at the address: [email protected] b. By mail to the address Kurfürstenstr. 114, 10787 Berlin, Germany
5. The subject of our activity is exclusive women’s and men’s clothing made from natural materials. We are obligated to deliver items in accordance with the agreement and free from defects.
6. The prices of the offered products are given on our website next to individual item listings. The given prices are gross prices (including VAT) in Euro.
7. Additionally, the cost of shipping is added to the product price.
8. The cost of shipping depends on the chosen method of delivery. The amount of the shipping cost appears during the order placement process, depending on the chosen option. Additionally, there is a tab on our homepage with information about costs and shipping methods. Shipping occurs after we receive full payment for the ordered goods.
9. The product is delivered to the Customer by courier. The estimated delivery time is up to 14 business days, except during promotional periods, when delivery may take up to 30 business days.
10. The method of receiving the shipment from the Carrier is determined by the Carrier.
11. The prices of products provided on our website at the time of placing the order are binding.
12. Payment for the ordered goods can be made in the following ways: 
    1. By credit card 
    2. By bank transfer 
    3. Via the PayPal system 
    4. Via the Klarna system
13. The consumer has the right to withdraw from this agreement within a period of 14 days, without the need to provide any reason. This period expires 14 days from the day on which the consumer or a third party other than the carrier and indicated by the consumer, acquires physical possession of the goods. To exercise the right of withdrawal, the consumer must inform atthrea, i.e., atthrea GmbH, Kurfürstenstr. 114, 10787 Berlin, Germany, email [email protected], of their decision to withdraw from this agreement by means of a clear statement (e.g., a letter sent by post, fax, or email). The consumer may use the withdrawal form provided by us, which we have placed on the main page of the store (withdrawal form in pdf format), but this is not obligatory. To meet the withdrawal deadline, it is sufficient for the information concerning the exercise of the right of withdrawal to be sent before the withdrawal period expires.
14. In the case of withdrawal from this agreement, atthrea will return to the consumer all payments received from them, including the costs of delivering the goods (with the exception of additional costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery offered by atthrea), immediately and in any event no later than 14 days from the day on which atthrea is informed of the consumer’s decision to withdraw from this agreement. The refund will be made using the same means of payment as the consumer used in the initial transaction, unless the consumer has expressly agreed otherwise, and this will not incur any fees for them. Atthrea may withhold the refund until it has received the goods or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest. The return or delivery of the goods to atthrea should be done to the address atthrea GmbH, Kurfürstenstr. 114, 10787 Berlin, Germany, immediately, and in any event no later than 14 days from the day on which the consumer informed atthrea of the withdrawal from this agreement. The deadline is met if the goods are sent back before the period of 14 days has expired. The consumer bears the direct costs of returning the goods resulting from the withdrawal from the agreement. The consumer is 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.
15. The right of withdrawal from the agreement does not apply to the consumer in relation to agreements: 
    1. In which the price or remuneration depends on fluctuations in the financial market over which atthrea has no control and which may occur before the withdrawal period expires; 
    2. In which the subject of the performance is a non-prefabricated item, manufactured to the consumer’s specifications or serving to satisfy their individualized needs; 
    3. In which the subject of the performance is a perishable item or an item with a short shelf life; 
    4. In which the subject of the performance is an item delivered in sealed packaging, which, after opening, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery; 
    5. In which the subject of the performance is items that, after delivery, due to their nature, are inseparably connected with other items.
16. Complaint procedure: 
    IIn the case of complaints about goods purchased by consumers in the online store operated by atthrea GmbH, Kurfürstenstr. 114, 10787 Berlin, Germany (Seller), the following complaint procedure applies: 
    1. The Seller is obliged to deliver goods that conform to the agreement and are free from defects. The Seller is liable to the buyer if the sold item is not in accordance with the agreement. This does not exclude the Seller’s liability for non-performance or improper performance of the agreement under general terms. The goods are checked for possible damage to the packaging before being sent to the Customer. 
    2. The Seller does not provide warranties for the sold goods.
    3. Complaints can be reported to the Seller by mail or via email, using the contact details according to section 4 above. 
    4. The Seller will respond to the complaint within 14 days of receiving the shipment with the complained-about goods. The response will be provided in the manner chosen by the Consumer from the following: via email, by mail.
17. The consumer has the possibility to attempt to resolve any disputes through mediation via consumer advocates or consumer organizations, including the Federation of Consumers, as well as to make use of the assistance of a permanent consumer arbitration court within the scope of procedures defined by law. The use of the above-mentioned dispute resolution methods is voluntary.
18. The consumer also has the possibility to use the Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr.
19. The following steps are necessary to conclude a contract (make a purchase): 
    1. Selection of specific products
    2. Choice of delivery method and payment 
    3. Agreement on details (if applicable) 
    4. Familiarization with and acceptance of the provided information and terms and conditions 
    5. Placing an order with the obligation to make payment.
20. The sales agreement is concluded in the English language.
21. Protection of personal data: 
    1. The Seller, as the Data Controller, makes every effort to ensure the protection of Personal Data against accidental or intentional destruction, loss, alteration, unauthorized disclosure, use, or access, in accordance with applicable legal regulations, including GDPR. 
    2. The Seller uses cookies and other similar technologies within the Online Store to improve efficiency and offer the Customer better functionalities of the Online Store as well as more tailored advertisements. If the Customer does not agree to the storing and receiving of information in cookies, they can change cookie settings using their web browser or apply the so-called opt-out on the website of the provider of the specific technological solution. 
    3. More information regarding the processing of Personal Data by the Seller, as well as detailed information about the technologies used by the Seller, can be found in the Privacy Policy available here.
22. Please direct correspondence related to order processing and service to the address [email protected], while any matters regarding the protection of personal data should be sent to the address [email protected].
23. The Customer does not have the right to provide the Seller with content of an unlawful nature.
24. All provisions of this Regulation are subject to negotiation and are binding unless the Customer and the Seller have made different arrangements. A Customer who wishes to negotiate any of the provisions of the Regulation should contact the Seller via electronic mail. All agreements in this matter will be made in written form, especially through electronic mail, under penalty of nullity.
25. Any provisions of this Regulation determining rights or obligations of Customers that are contradictory to the rights of Consumers arising from universally applicable legal regulations or that violate consumer interests do not apply to Consumers.