GTC

General Terms and Conditions (GTC)

for the online shop PETIT STELLOU®
operated by Lillyroom GmbH

 

1. Scope of application

These General Terms and Conditions (GTC) apply to all contracts concluded between PETIT STELLOU®, represented by Lillyroom GmbH, Sägestrasse 1b, CH-8157 Dielsdorf, Switzerland (hereinafter referred to as “the Seller”), and its customers via the online shop www.petit-stellou.com.

The offer is directed at both consumers (B2C) and business customers (B2B). The version valid at the time of the order shall apply.

 

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2. Conclusion of contract

The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.

By clicking the “Buy” button, the customer places a binding order. The contract is concluded upon receipt of the order confirmation by e-mail.

 

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3. Delivery area

Regular delivery areas are:

• Switzerland & Liechtenstein (CH/LI)

• Member states of the European Union (EU)

Deliveries to third countries outside the EU are carried out exclusively upon individual request and only after separate agreement. In such cases, individually agreed shipping costs, delivery times as well as customs and tax regulations apply.

 

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4. Prices, taxes & shipping costs

Unless otherwise stated, all prices shown in the online shop are final prices:

• For Switzerland & Liechtenstein: Swiss VAT included

• For EU consumers (B2C): Local VAT included

Business customers (B2B) within the EU:

For deliveries to business customers with a valid EU VAT ID in an EU member state other than Germany, invoicing is carried out without VAT. In this case, the tax liability is transferred to the recipient (reverse charge). For B2B deliveries within Germany, German VAT is charged.

Deliveries within the EU are made from our warehouse in Germany. No customs duties apply within the EU.

For deliveries to third countries (outside the EU), customs duties, import taxes and other local taxes may apply. These costs are borne exclusively by the customer.

 

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5. Payment conditions

The following payment methods are available, depending on country and technical availability:

• Credit card (VISA, Mastercard, AMEX)

• Klarna (depending on country: invoice, instant payment, etc.)

• PayPal

• Apple Pay (device-dependent)

• TWINT (Switzerland only)

The payment method “Business Account | Invoice” is exclusively available to registered business customers after individual approval.

Any costs associated with money transfers (e.g. bank fees, currency exchange fees) shall be borne by the customer.

 

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6. Delivery & transfer of risk

Delivery is made to the delivery address specified by the customer. Dispatch takes place after receipt of payment, unless otherwise agreed.

EU consumers:
The risk of accidental loss or deterioration of the goods is transferred to the customer only upon physical receipt of the goods.

Customers in Switzerland / Liechtenstein & business customers (B2B):
The risk is transferred to the customer upon handover of the goods to the carrier.

In the event of delivery delays due to force majeure, transport problems, strikes or other circumstances beyond the Seller’s control, liability is excluded to the extent permitted by law.

 

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7. Retention of title

The goods remain the property of Lillyroom GmbH until full payment of the purchase price and any associated costs.

 

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8. Right of withdrawal (EU consumers)

Consumers residing in a member state of the European Union have a statutory right of withdrawal of 14 days from receipt of the goods, without giving any reason.

This right of withdrawal applies exclusively to consumers within the meaning of EU consumer law.
For business customers (Wholesale / B2B), no right of withdrawal applies.

The detailed conditions, exceptions and the model withdrawal form are described in the separate section “Right of Withdrawal” on our website.

 

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9. Returns (service information)

Independently of the statutory right of withdrawal for EU consumers, we offer – depending on the country – a 14-day return option from receipt of the goods.
The return conditions published on the website apply additionally, provided that:

• the items are unworn and unused,

• in perfect condition,

• with tags and original packaging.

The following items are excluded from return:

• Art prints

• Gift cards

• Cosmetic & fragrance products (for hygiene reasons)

• Personalised or made-to-order items

Return shipping costs shall be borne by the customer, unless expressly agreed otherwise.

Wholesale orders for business customers (B2B) are binding and excluded from returns and exchanges.

 

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10. Warranty & Defects

Switzerland & Liechtenstein (CH/LI):
Any defects must be reported in writing within 5 working days of receipt of the goods. In the event of a justified defect claim, repair or replacement shall be provided.

European Union (EU):
The statutory warranty period of 2 years applies. The customer is entitled to repair, replacement, price reduction or withdrawal from the contract.

Exclusion in Case of Wear & Improper Use:
The warranty does not cover, in particular, damage caused by normal wear and tear, improper use, mechanical overloading, incorrect care or safety-related triggering of protective mechanisms. This applies in particular to hand-wound music mechanisms and amber necklaces with safety clasps.

Additional Note (Wear, Handling & Natural Materials):
The warranty also does not cover damage caused by third-party intervention, unauthorised repair attempts, external influences (e.g. falling, moisture, heat) or improper storage. Products made from natural materials (e.g. wood, fabrics, amber) may show material-related variations in colour, grain or texture, which do not constitute a defect.

 

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11. Liability

The Seller’s liability is limited to the amount of the purchase price of the relevant order, to the extent permitted by law.

The Seller assumes no liability for descriptions or reviews provided by third parties (e.g. customer reviews in the online shop or on social media).

 

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12. Orders to third countries upon request

Deliveries to countries outside the regular delivery areas (CH/LI, EU) are only possible upon individual request. In such cases, special conditions regarding pricing, payment, delivery, customs and import taxes shall be agreed separately.

 

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13. Governing law & place of jurisdiction

Swiss law shall apply to this contract and to all legal relationships arising therefrom, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers residing in the EU, the mandatory consumer protection provisions of the country of residence shall remain applicable and shall not be affected by the choice of law.

The exclusive place of jurisdiction for all disputes arising from this contract is Zurich, Switzerland, subject to mandatory consumer jurisdiction rules.

 

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14. Severability clause

Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a legally valid provision that most closely reflects the economic purpose of the original provision.

 

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15. Use of the website & IT liability

By using this website, you agree to the following conditions. Use of the website is permitted exclusively within the framework of applicable laws and these General Terms and Conditions.

 

(a) Permitted and prohibited use

It is prohibited to use the Petit Stellou website in the following manner:

• for unlawful, fraudulent or abusive purposes;

• to induce others to commit unlawful acts;

• to infringe intellectual property rights of Petit Stellou or third parties;

• to transmit viruses, malware or other harmful code;

• to access the website automatically via bots, scraping, crawling or similar technologies;

• to collect or gather personal data of other users;

• to interfere with or circumvent the website’s security features.

 

(b) Intellectual property

All content of this website (texts, graphics, images, photos, logos, designs, etc.) is protected by copyright and is the property of Petit Stellou or licensed partners. Any use, reproduction or distribution without express written consent is prohibited.

 

(c) Third-party content and links

The website may contain links to external websites. Petit Stellou has no influence over their content and assumes no liability for the accuracy, completeness or legality of the information provided there.

 

(d) Availability of the website

Petit Stellou endeavours to ensure uninterrupted operation of the website but does not guarantee constant, error-free or uninterrupted availability. Maintenance work, technical disruptions or force majeure may temporarily restrict use.

 

(e) Disclaimer for technical damages

Petit Stellou shall not be liable for damages arising from:

• technical malfunctions, failures or interruptions of the website,

• delays in data transmission,

• loss or damage of data,

• malware or external interference

to the extent permitted by law.

 

(f) Indemnification

The user undertakes to indemnify Petit Stellou against all third-party claims arising from abusive or unlawful use of this website.

 

(g) Blocking of users

Petit Stellou reserves the right to exclude users from further use of the website at any time and without prior notice in the event of violations of these provisions.

 

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16. Amendments to the General Terms and Conditions

Petit Stellou reserves the right to amend, update or replace these General Terms and Conditions at any time. The version valid at the time of the order shall apply.