Terms & Conditions (AGB)

1. Standard business terms

Basic provisions

1. These General Terms and Conditions of the company suisuee (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
2. A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
3. Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
4. Digital services in the sense of these General Terms and Conditions are services that allow the Client to create, process, store or access data in digital form, or allow the sharing of or any other interaction with data in digital form uploaded or created by the Client or other users of such service.

Conclusion of the Contract

1. The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2. The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. Before submitting the order, the Client can identify possible input errors by carefully reviewing the information displayed on the screen.
3. The Seller may accept the Client’s offer within five days,
   • by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
   • by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
   • by requesting the Client to pay after he placed his order.

   Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

4. If the Client chooses one of the payment service providers offered in our online shop when placing their order, the following conditions apply: a) PayPal: When selecting PayPal as the payment method, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use shall apply, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Client has no PayPal account, the conditions for payments without PayPal account will apply, which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. b) Stripe: When selecting credit card payment via Stripe, the payment is processed by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). The Stripe terms of use shall apply, which can be viewed at: https://stripe.com/de/legal. The Client’s credit card information is transmitted securely via SSL encryption. The Client’s credit card will be charged immediately after the order is placed. c) SEPA Direct Debit: When selecting SEPA Direct Debit as the payment method, the Client authorizes the Seller to collect payments from the Client’s account by direct debit. At the same time, the Client instructs their credit institution to honor the direct debits drawn on their account by the Seller. The Client will be notified separately about the date of the account debit (pre-notification) at least one business day before the due date. In case of a return of the direct debit due to insufficient funds or incorrect bank details, the Client is obligated to bear the costs of the return. If the Client chooses an external payment method, they may initiate a payment order to the payment service provider by clicking the button finalizing the order process. In this case, the Seller declares their acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
5. When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending their order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via their password-protected user account by specifying the corresponding login data.
6. Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until they click the button finalizing the ordering process.
7. The English and German languages are available for the conclusion of the contract.
8. Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address they provide for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
9. For digital content and digital services, the Seller provides updates, including security updates, that are necessary to keep the digital content or digital service in conformity for the period of time that the Client may reasonably expect. The Seller will inform the Client about available updates and their installation.

2. Customer information

Identity of the seller

suisuee
Suee Chang
E-Mail: contact@suisuee.com

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/consumers/odr.

Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).

3. Right to Cancel

1. Consumers are entitled to the right to cancel.
2. Right of Withdrawal: In accordance with applicable legal provisions, the consumer has a period of fourteen (14) days from the date of receipt of goods to exercise their right to withdraw from the contract with suisuee, without having to provide any explanation or pay any penalty. This right applies provided that the product is returned in its original condition, neither worn nor washed, within 14 days of communicating the decision to withdraw. Damaged, soiled, or incomplete products will not be accepted.
3. The right to cancel does not apply to:
   • Consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
   • Contracts for the delivery of sealed goods which are unsuitable for return due to health protection or hygiene reasons if their seal has been removed after delivery, such as earrings.
   • Contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs.
   • Contracts for the delivery of digital content that is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and their acknowledgment that they thereby lose their right of cancellation.
4. Returns for Non-Faulty Products: If the consumer is unhappy with their purchase for reasons not related to product defects or faults, they may return it for a refund. The refund amount will be the purchase price minus the initial shipping cost (even in cases of free shipping promotions). The return shipping fee will be the consumer’s responsibility.
5. Returns for Faulty Products: If the product is faulty, the consumer must inform the Seller by email including all details of the order and a description of the defect. Products must be returned to the Seller as soon as any defect is discovered. In this case, the return shipping costs will be borne by the Seller.
6. To exercise the right of withdrawal, the consumer must inform the Seller of their decision to withdraw from the contract by an unequivocal statement (e.g., a letter sent by post or email). The consumer may use the model withdrawal form provided by the Seller, but it is not obligatory.
7. The deadline for withdrawal is met if the consumer sends their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
8. Effects of withdrawal: If the consumer withdraws from this contract, the Seller shall reimburse all payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than 14 days from the day on which the Seller is informed about the consumer’s decision to withdraw from the contract. The Seller will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until they have received the goods back or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.
9. The consumer shall send back the goods to the address provided by the Seller without undue delay and in any event not later than 14 days from the day on which the consumer communicates their withdrawal from the contract to the Seller. The deadline is met if the consumer sends back the goods before the period of 14 days has expired.
10. The consumer will bear the direct cost of returning the goods unless the goods are faulty.
11. The consumer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

4. Prices and Payment Conditions

1. Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description.
2. Payment can be made using one of the methods mentioned in the Seller’s online shop, namely PayPal, credit card via Stripe, or SEPA Direct Debit.
3. In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made to a country outside the European Union and the Client carries out the payment from a country outside the European Union.
4. For payment processing details, please refer to section 1, paragraph 4 of these Terms and Conditions.
5. The Client is obligated to provide accurate payment information. In the event of any changes to the Client’s payment details (e.g., bank account, credit card details), the Client is obligated to inform the Seller immediately.
6. If the Client is in default of payment, the Seller is entitled to charge default interest at the statutory rate. The Seller reserves the right to claim further damages caused by the delay.

5. Shipment and Delivery Conditions

1. Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Seller’s order processing is decisive.
2. Shipping rates and timeframes:
   • Germany: Free shipping / 1-3 working days including handling time.
   • Europe: €12 / 2-4 working days including handling time.
   • South Korea: €20 / 7-10 working days depending on location.
   • Rest of World: €30 / 3-6 working days depending on location.
   • FREE SHIPPING ON ORDERS OVER €200
3. Most products are handcrafted, with many pieces made to order that require pre-ordering as stated on the product page. Made-to-order items typically take 10-25 working days to complete. Products will be dispatched within 1-2 working days once completed.
4. When the order is ready, the Seller will email the Client’s tracking number and estimated delivery time. Delivery times depend on the destination and typically take 24 to 72 hours after shipment.
5. The Seller does not cover customs and duty payments for orders outside Germany and the EU. Customs and import duties are levied by the receiving country and are therefore the Client’s responsibility. The Seller is not responsible for packages that are lost or damaged in transit.
6. Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises their right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control or if they have been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
7. Personal collection is not possible for logistical reasons.
8. The Seller shall inform the Client about any delivery delays immediately. In case of a delay of more than four weeks from the originally communicated delivery date, the Client has the right to withdraw from the contract. In this case, the Seller shall immediately refund any payments already made by the Client.
9. For digital content and digital services, delivery is typically made via download or by granting access. The Seller will provide the Client with the necessary access data and/or download links. The time of delivery is the time when the digital content or service is made available to the Client.

6. Reservation of Proprietary Rights

If the Seller provides advance deliveries, they retain title of ownership to the delivered goods, until the purchase price owed has been paid in full. Before transfer of ownership, pledging, transfer by way of security, processing or transformation are not permitted without the Seller’s express consent.

7. Warranty

1. Unless explicitly agreed otherwise, the statutory warranty regulations shall apply.
2. For consumers, the warranty period for used goods is one year from delivery of the goods to the Client. This limitation does not apply:
   • for damages culpably caused attributable to the Seller arising from injury to life, body or health and for other damages caused by deliberate or gross negligent breach of duty by the Seller;
   • if the Seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the goods.
3. For traders, the warranty period for new goods is one year from the transfer of risk. For used goods, the warranty is excluded. These restrictions do not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the goods, as well as in case of damages attributable to the Seller arising from injury to life, body or health and other damages caused by deliberate or gross negligent breach of duty by the Seller.
4. For digital content and digital services, the Seller is liable for ensuring conformity during the entire contract period. The Seller will provide necessary updates, including security updates, to maintain conformity.
5. The Client is obligated to inspect the goods immediately after delivery and to notify the Seller of any obvious defects within fourteen days of receipt of the goods. Hidden defects must be reported immediately after discovery.
6. If the delivered item is defective, Clients who are consumers may initially request remedy of the defect (repair) or delivery of a defect-free item (replacement) as they choose, if the chosen type of remedy is not unreasonable for the Seller. If the rectification fails, the Client may reduce the purchase price or withdraw from the contract.

8. Limitation of Liability

1. The Seller shall be liable without limitation for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, when assuming a guarantee for the condition of the goods, for claims based on the Product Liability Act and in all other legally mandatory cases.
2. If material contractual obligations are breached due to slight negligence, the Seller’s liability is limited to the foreseeable damage typical for this type of contract. Material contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contracting party may regularly rely.
3. In the event of breach of immaterial contractual obligations through slight negligence, the Seller shall not be liable.

9. Applicable Law

1. The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn.
2. Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a member state of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address is located outside of the European Union at the time of concluding the contract.

10. Data Protection

The Client’s data will only be collected, processed, and stored in accordance with the relevant data protection regulations. Further information on data protection can be found in the Seller’s separate Privacy Policy.

11. Online Dispute Resolution

1. The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
2. The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity, unless there is a legal obligation to do so.

12. Final Provisions

1. Should one or several provisions of these Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
2. The place of performance for all obligations arising from the contractual relationship shall be the Seller’s registered office, unless otherwise specified.
3. For traders, the place of jurisdiction for all disputes arising from the contractual relationship shall be the Seller’s registered office.