Terms & Conditions
Article 1 – Definitions
- Cooling-off period: time during which the consumer can use the right of withdrawal.
- Consumer: a private individual entering into a distance contract with Damselbags, not acting for business purposes.
- Day: calendar day.
- Continuing performance contract: a distance contract for a series of products/services delivered over time.
- Durable data carrier: any medium letting the consumer/entrepreneur store and later access personal information unchanged.
- Right of withdrawal: the consumer's right to cancel the distance contract within the cooling-off period.
- Entrepreneur: Damselbags, offering products/services to consumers at a distance.
- Distance contract: a contract concluded entirely through distance-communication methods.
- General Terms and Conditions: these terms of Damselbags.
Article 2 – Applicability
These terms apply to every offer and every distance contract between Damselbags and the consumer. The terms are made available before the contract is concluded (in writing or electronically, storable on a durable data carrier). If specific product/service terms conflict with these, the consumer may rely on whichever is more favorable. Invalid clauses don't void the rest of the agreement; unclear situations are interpreted in the spirit of these terms.
Article 3 – The Offer
Offers are non-binding and may be changed by Damselbags. Offers include accurate product descriptions and images; obvious errors are not binding. Each offer clearly states: price (excluding customs/import VAT, borne by the customer via the postal/courier service), shipping costs, contract process, right of withdrawal (if applicable), payment/delivery method, offer validity period, remote-communication rates (if non-standard), record-keeping/access to the agreement, correction options before ordering, other contract languages, applicable codes of conduct, and minimum duration for long-term contracts.
Article 4 – The Contract
The contract is concluded once the consumer accepts the offer under its stated conditions. For electronic acceptance, Damselbags confirms receipt immediately; until confirmed, the consumer may cancel. Damselbags secures electronic transactions and payments appropriately, and may check a consumer's ability to pay before accepting an order. With the product/service, Damselbags provides: its business address for complaints, withdrawal conditions (or a statement that withdrawal doesn't apply), warranty/after-sales info, and termination requirements for contracts over one year or indefinite duration. Orders are subject to product availability.
Article 5 – Right of Withdrawal
Consumers may cancel a purchase without reason within 30 days, starting the day after receiving the product. During this period, the product should be handled and inspected with care, only as needed to assess it. To withdraw, the consumer must notify Damselbags in writing/by email within 30 days of receipt, then return the product within a further 30 days, along with proof of return shipment (including shipments to Damselbags' supplier in China where applicable). If no notice or return is made within these periods, the sale is final.
Article 6 – Costs of Withdrawal
Return shipping costs are borne by the consumer, including costs of returning products to the country of origin (China). Damselbags refunds paid amounts within 30 days of withdrawal, once the product is received back or proof of return is provided.
Article 7 – Exclusion of the Right of Withdrawal
Damselbags may exclude withdrawal rights for certain products/services, stated clearly in the offer. This applies to: custom-made or personalized items, items that cannot be returned by nature, perishable/quickly-aging goods, items with financial-market-dependent pricing, loose newspapers/magazines, unsealed audio/video/software, and unsealed hygiene products. For services: those tied to a fixed date (accommodation, transport, events), those already begun with consumer consent before the cooling-off period ends, and betting/lottery services.
Article 8 – Price
Prices stay fixed during the offer's validity period, except for VAT changes. Price increases within 3 months of the contract are only allowed due to statutory changes; after 3 months, increases require either statutory grounds or giving the consumer a right to cancel. Since delivery originates outside the EU, import VAT/customs costs are collected by the postal/courier service from the customer; Damselbags does not charge VAT. Damselbags is not liable for printing/typesetting errors and isn't obliged to honor an incorrectly listed price.
Article 9 – Conformity and Warranty
Damselbags guarantees products/services match the agreement, offer specifications, and legal requirements at the time of purchase. Defects or wrong deliveries must be reported in writing within 30 days, and returned items must be in original packaging and new condition. Warranty follows the manufacturer's warranty period, and does not cover self-repaired/modified items, misuse, or defects caused by government-mandated material regulations.
Article 10 – Delivery and Execution
Orders are handled with care and delivered to the address provided by the consumer, generally within 30 days unless a longer period is agreed. Delays or partial fulfillment are communicated within 30 days of ordering, giving the consumer a right to cancel with compensation and a refund within 30 days. If an item is unavailable, a replacement may be offered (clearly marked as such), with return shipping costs covered by Damselbags. Risk of damage/loss stays with Damselbags until delivery.
Article 11 – Long-Term Transactions
Indefinite or fixed-term recurring contracts can be terminated by the consumer with up to one month's notice, using the same method used to subscribe. Fixed-term contracts cannot silently renew into further fixed terms (with limited exceptions for periodicals, capped at 3 months' extension). Contracts lasting over a year can be cancelled anytime after the first year with one month's notice.
Article 12 – Payment
Amounts owed are payable within 7 working days of the cooling-off period starting (or after service confirmation). Consumers must promptly report payment detail errors. Damselbags may charge reasonable costs in case of non-payment, within legal limits.
Article 13 – Complaints
Complaints must be submitted within 7 days of discovering an issue, with full details. Damselbags responds within 30 days (or sends an acknowledgment with an expected timeline for longer cases). Unresolved complaints proceed to dispute resolution. Complaints don't pause Damselbags' obligations unless stated otherwise. Justified complaints are resolved via free repair or replacement.
Article 14 – Disputes
All agreements between Damselbags and the consumer are governed exclusively by law, even if the consumer resides abroad.