Table of contents

• § 1 – Definitions
• § 2 – Identity of the online store
• § 3 – Scope of application
• § 4 – The offer
• § 5 – Conclusion of contract
• § 6 – Cancellation policy
• § 7 – Exclusion of the right of withdrawal / premature expiry of the right of withdrawal
• § 8 – The price
• § 9 – Right of set-off/retention
• § 10 – Warranty
• § 11 – Delivery; retention of title
• § 12 – Delivery date
• § 13 – Transport damage
• § 14 – Terms of payment
• § Section 15 – Voluntary exchange option and customer rights in the event of defects
• § 16 – Liability
• § Section 17 – Legal disputes

§ 1 – Definitions

In these General Terms and Conditions means:

1. Withdrawal period: the period within which a customer can make use of his right of withdrawal;
2. Customer: the natural person who is not acting for purposes that can be attributed primarily to their commercial or independent professional activity;
3. Day: Calendar day;
4. Contract duration: a contract extends to the regular delivery of goods, services and/or digital content over an agreed period of time;
5. Durable medium: any means – including e-mail – that enables both the customer and the online store to store the information addressed to him personally in a way that allows future consultation or use for an agreed period of time, in accordance with the purpose for which the information is intended, and the unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the customer to withdraw from the distance contract within a specified period;
7. Model withdrawal form: the European model withdrawal form attached to these GTC;
8. Online store: the natural person or entity that offers the customer products, (access to) digital content(s) and/or services via the internet;
9. Means of distance communication: means used to conclude a contract without the customer and the online store being in the same premises at the same time.

GTC: the following General Terms and Conditions.

§ 2 – Identity of the online store

is the operator of the online store and contractual partner:

Name of the online store: Doll.store
Registered office

Office address:

• Königsborner Street 26a
• 39175 Biederitz
• Germany

Telephone number: 0613999420

E-mail address: [email protected]

Handelsregister-Nummer: 82678057

Sales tax identification number: NL862563215B01

§ 3 – Scope of application

1. These GTC apply to all contracts concluded between customers and the online store. During the ordering process, the customer accepts the GTC in the version valid at the time the order is placed.
2. These GTC apply to every offer in the online store.
3. Before a contract is concluded, the customer receives these GTC. If this is not possible under normal circumstances, the online store will indicate how the customer can view the GTC before the contract is concluded.
4. If the distance contract is concluded electronically, the text of these GTC may, in deviation from the previous paragraph, be sent to the customer electronically before the distance contract is concluded so that the customer can easily store them on a durable medium. If this is not possible, before the distance contract is concluded, it will be indicated where the GTC can be viewed electronically and, at the customer’s request, they will be sent electronically or by other means free of charge.
5. Should specific product or service terms and conditions apply in addition to these GTC, paragraph 3. and 4. accordingly and, in the event of conflicting conditions, the customer may always invoke the applicable provisions that are most favorable to him.
6. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions.
7. Situations that are not regulated in these GTC are assessed in accordance with the GTC.
8. Any ambiguities regarding the explanation or content of one or more provisions of these GTC shall be interpreted in accordance with these GTC.

§ 4 – The offer

1. The online store’s offer is aimed exclusively at customers who have reached the age of 18.
2. If the offer has a limited period of validity or is subject to reservation, this will be expressly stated in the offer.
3. The offer is non-binding. The online store has the right to adjust the offer.
4. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to make an adequate assessment. If the online store uses images, these must faithfully reflect the products, services and/or digital content offered. Obvious errors or obvious mistakes in the offer do not bind the online store.
5. All illustrations, specifications or information contained in the offer are indicative and cannot be used as a basis for claims for damages or rescission of the contract.
6. Each offer contains clear information so that the customer can clearly recognize his rights and obligations associated with accepting the offer. This applies in particular:
   • the price includes Taxes;
   • Shipping costs;
   • the conclusion of the contract and which measures are required;
   • means of payment, type of delivery and the execution of the agreement;
   • the period for accepting the offer or the period within which the online store guarantees the price;
   • the amount of the tariff for long-distance communication if the costs are calculated on a basis other than the regular price for the means of communication.

§ 5 – Conclusion of contract

1. The presentation of goods in the online store does not constitute a binding sales offer. The offer to conclude a purchase contract is made by the customer by clicking on the “Order with costs” button after completing the order page or by placing an order by telephone. By clicking on the “Order for a fee” button, the customer submits a binding purchase offer.
2. After placing the order, the customer receives an automated e-mail confirming receipt of the order. If an order includes several items, the contract is only concluded for those items that are expressly listed in the shipping confirmation.
3. The statutory right of withdrawal remains unaffected by the above provisions in any case.
4. The contract is concluded in German.
5. If the customer has accepted the offer electronically, the online store confirms receipt and acceptance of the offer immediately by electronic means. As long as the online store has not accepted and confirmed the offer, the customer can withdraw from the contract.
6. If the contract is concluded electronically, the online store will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the customer can pay electronically, the online store will take appropriate security measures.
7. The online store can find out – within the legal framework – whether the customer can meet his payment obligation and take into account all facts and factors that are important for the responsible conclusion of a distance contract. If the online store has good reason not to conclude the contract on the basis of these findings, it is entitled to refuse an order or request or to attach special conditions to its execution.
8. The online store will provide the customer with the following information, either in writing or in a suitable manner, at the latest upon delivery of the product, service or digital content, so that the customer can save it on a permanent data carrier:
   • the visitor address of the online store to which the customer can submit complaints;
   • both the conditions under which, and the manner in which, the customer may exercise his right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
   • the information about warranty and service after purchase;
   • the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
   • the conditions for terminating the distance selling contract if it has a duration of more than one year or is indefinite.
9. Each agreement is entered into subject to the suspensive conditions of sufficient availability of the products.

§ 6 – Cancellation policy

The buyer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.

To exercise the right of withdrawal, the customer must inform us,

DVWZ B.V.

Hasselterdijk 20-G

8043 PD Zwolle

E-mail address: [email protected]

Telephone number: 0613999420

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from the contract. The attached sample withdrawal form can be used for this purpose, but is not mandatory. To meet the withdrawal deadline, it is sufficient for the customer to send notification of the exercise of his right of withdrawal before the withdrawal period expires.

Consequences of revocation

If the customer revokes this contract, we are obliged to refund all payments that we have received from the customer in connection with the purchase made, excluding shipping costs, immediately and at the latest within fourteen days from the day on which we received notification of the revocation of the relevant purchase contract. If the shipment of the ordered item(s) is free of charge for the customer due to the order value and if the customer makes use of his statutory right of revocation for several ordered items, but only wishes to revoke part of the order, so that the part of the goods remaining with him does not reach the amount of the free shipping costs, the customer must bear the shipping costs (of the shipment of goods) in the amount that would have been incurred if the customer had only ordered the goods remaining with him. For this refund, we will use the same means of payment that the customer chose for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this refund. We may withhold the refund until we have received the item(s) back or until the customer has provided proof that they have returned the item(s), whichever is earlier. The customer is obliged to return or hand over the goods immediately and in any case within fourteen days at the latest from the day on which he informed us of the revocation to the address below:

DVWZ B.V.

Hasselterdijk 20-G

8043PD Zwolle

Netherlands

E-mail address: [email protected]

Telephone number: 0613999420

The deadline is met if the customer dispatches the goods before fourteen days have elapsed.

The customer shall bear the direct costs of returning the goods.

The customer shall only be liable for any loss in value of the goods if this loss in value of the condition, properties and functionality is not attributable to its use.

Sample withdrawal form

To: DVWZ B.V., Hasselterdijk 20-G, 8043PD Zwolle, [email protected], 0613999420
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following product(s) (*)/the provision of the following service(s) (*):

1. ______
2. ______
3. ______

Ordered on/received on (*): _____
Name of the customer(s) (*): _____
Address of the customer(s) (*): _____
Signature of the customer(s) (*) (**): _____
Date: _____

(*) Delete as appropriate

(**) Only for written contact

Agreement

If the customer returns the goods of his order to us within the revocation period, using the return label enclosed with the ordered goods, even without a written declaration, we recognize the return as a clear declaration, within the meaning of the above revocation instructions, of his decision to revoke this contract.

Agreement on return costs

The customer shall bear the direct costs of returning the goods.

Further practical information on how to carry out returns and how to avoid an obligation to pay compensation by using the goods to be returned can be found on the information pages of our online store.

§ 7 – Exclusion of the right of withdrawal / premature expiry of the right of withdrawal

1. The right of withdrawal does not apply to contracts:
   • for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer;
   • for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
   • for hygiene products where the customer has broken the seal. In the case of sex dolls, this concerns the inner plastic packaging;
2. The right of withdrawal expires prematurely for contracts:

• • for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
  • for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
  • for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 8 – The price

1. During the period of validity mentioned in the offer, the prices of the products, digital content and/or services offered will not be increased, unless price changes are the result of changes in the
   • During the period of validity mentioned in the offer, the prices of the products, digital content and/or services offered will not be increased, unless price changes are the result of changes in VAT rates.
   • The prices stated in the offer of products or services include statutory VAT and other price components and are exclusive of VAT. of the respective shipping costs.
2. The shipping surcharges may vary depending on the type of delivery and the nature of the item. The prices at the time of ordering apply.

§ 9 – Right of set-off/retention

1. The customer is only entitled to offset if the counterclaim has been legally established or is not disputed by the online store.
2. The customer may only exercise his right of retention if the counterclaim is based on the same contractual relationship.

§ 10 – Warranty

1. Unless expressly agreed otherwise, warranty claims shall be governed by the statutory provisions of the law on sales.
2. If the customer is a customer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods is one year, in deviation from the statutory provisions. This limitation does not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as for claims for other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
3. In all other respects, the statutory provisions shall apply to the warranty.
4. If the customer is an online store within the meaning of Section 14 BGB, the statutory provisions apply with the following adjustments:
   • Only the manufacturer’s own specifications and product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer;
   • the customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded;
   • In the event of defects, we provide warranty at our discretion by repair or replacement (subsequent performance). In the event of rectification, the online store does not have to pay the additional costs incurred by the delivery of the goods to a place other than the place of performance if the delivery does not correspond to the intended use of the goods;
   • If the supplementary performance fails twice, the customer may demand a reduction of the agreed purchase price or withdraw from the contract;
   • the warranty period is one year from delivery of the goods.

§ 11 – Delivery; retention of title

1. Unless otherwise agreed, the goods shall be delivered from the warehouse to the address specified by the customer.
2. The goods remain the property of the online store until the purchase price has been paid in full.
3. If the customer is an online store within the meaning of Section 14 BGB, the following also applies:
   • the online store retains title to the goods until all claims arising from the current business relationship have been settled in full. Pledging or transfer by way of security is not permitted before the transfer of ownership;
   • the customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to the online store all claims in the amount of the invoice amount arising from the resale. The online store accepts the assignment, but the customer is authorized to collect the claims. If the customer does not properly meet his payment obligations, the online store reserves the right to collect claims itself;
   • If the goods subject to retention of title are combined and mixed, the online store acquires co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing;
   • the online store undertakes to release the securities to which it is entitled on request to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%. The online store is responsible for selecting the collateral to be released.

§ 12 – Delivery date

Delivery shall be made within the delivery time specified on the respective item detail page (Monday to Saturday, excluding public holidays) after the payment order has been issued to the transferring bank (in the case of advance payment) or after conclusion of the contract (when using online payment methods, payment by credit card, payment by SEPA direct debit or when purchasing on account). When ordering several items, the latest delivery time of the items in the shopping cart is decisive for the calculation. In the case of goods for which a separate delivery period has been specified in individual cases, the delivery period shall commence at the earliest from this point in time.

§ 13 – Transport damage

1. If goods are delivered with obvious transport damage, the customer must complain about this immediately to the deliverer and the online store.
2. Failure to make a complaint or contact us has no consequences for the statutory warranty rights.

§ 14 – Terms of payment

1. Payment can be made as desired: Invoice in advance, cash on delivery, credit card, PayPal or direct debit. The online store reserves the right to exclude certain payment methods in individual cases.
2. If the payment method prepayment is selected, the online store will state its bank details in the order confirmation. The invoice amount must be transferred to the specified account within 10 days of receipt of the order confirmation.
3. When paying by credit card, the purchase price is reserved on the specified credit card at the time of the order (“authorization”). The credit card account is actually debited at the time we ship the goods to the customer.
4. In the case of payment by direct debit, the customer shall bear any costs incurred as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank account details.
5. If the customer defaults on a payment, he shall be obliged to pay the statutory default interest of 5 percentage points above the base interest rate. A reminder fee of at least EUR 5 shall be charged for each reminder sent to the customer after the default has occurred, unless the customer can prove that the damage was lower.

§ Section 15 – Voluntary exchange option and customer rights in the event of defects

1. Irrespective of the statutory right of withdrawal, the customer has the option of exchanging a purchased item for the corresponding item in another available size free of charge by informing the customer of the decision to exchange the goods by means of a clear declaration (e.g. on the return slip enclosed with the goods). The customer is also entitled to the statutory right of withdrawal for the exchange item.
2. The rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions. The online store accepts no liability for descriptions provided by third parties, in particular by customers in the context of customer reviews published in the online store.
3. The statutory right of withdrawal and rights arising from any warranty declarations that may have been issued separately or attached to the goods remain unaffected in all cases.

§ 16 – Liability

1. Unlimited liability: the online store is liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. The online store is liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
2. Otherwise, the following limited liability shall apply: In the event of slight negligence, the online store shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

§ Section 17 – Legal disputes

1. Contracts between the online store and the customer to which these general terms and conditions relate are governed by Dutch law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction and place of performance shall be determined in accordance with the statutory provisions.
2. In the event of complaints, a consumer should first contact the trader. In the event of complaints that cannot be resolved by mutual agreement, the consumer should contact the Dutch foundation Stichting WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge (mediation only for Dutch/Belgian consumers). If a solution has not yet been found, the consumer has the option of having his complaint dealt with by the independent arbitration board appointed by Stichting WebwinkelKeur. The decision is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a problem to this dispute resolution committee is associated with costs that the consumer must pay to the bodies concerned. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).