acuckoomoment...
DÜSSELDORF | GERMANY

T&C

T&Cs of The Cuckoo Look

Terms and Conditions for The Cuckoo Look – a mail order company

1 Scope of application

These terms and conditions of sale and delivery apply with respect to all agreements made between The Cuckoo Look and the customer regarding the sale and delivery of items offered via www.the-cuckoo-look.com.

2 Legal notice regarding right of cancellation

Right of cancellation
You are entitled, within two weeks and without the requirement of stating reasons, to cancel the agreement in writing (e.g. letter, fax, email) or – if the goods had already been delivered to you within this period – by returning the said goods. This period starts to run after receipt of this written legal notice, but not however prior to receipt of the goods by the recipient (nor prior to the receipt of the first delivery where there is a repeated delivery of goods similar in type) and not before the fulfilment of the duty to provide information pursuant to 312c para. 2 German Civil Code in conjunction with Section 1 para. 1, 2 and 4 BGB-InfoV (German Civil Code Regulation on provision of information) as well as our obligations pursuant to 312 e para. 1 Sentence 1 German Civil Code in conjunction with Section 3 BGB-InfoV. The cancellation period is satisfied if the withdrawal notice or the goods are returned within the specified time. The cancellation notice should be addressed to:

The Cuckoo Look
Lia Fallschessel
Ackerstr. 11
40233 Dusseldorf
email: info@the-cuckoo-look.com
Fax: +49 (0) 211 / 30 197 586

Consequences of cancellation:

If the agreement is effectively cancelled, both parties are to return the contractual performance each has respectively received and each must hand over to the other any benefits accrued (e.g. interest). If you are unable to return deliveries received from us or can only return the delivery partially or in a deteriorated condition, you will be liable to repay the reduction in value. This does not apply where goods are handed over and the depreciation in the value of the goods is wholly due to the examination of these said goods – as would be possible in a shop, for example. You are not required to compensate the loss in value due to deterioration caused through the intended use of the article.
The following applies for customers in Germany and Austria:
Goods consignable by package are to be returned at our risk. You will bear the costs of the return consignment if the delivered goods conformed to the order and the price of the goods to be returned does not exceed 40 Euro or if – where the price of the goods exceeds this amount – you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation. Otherwise the return consignment can be made at no charge to you. Goods that are not consignable in package form will be collected from your address. Obligations in respect of reimbursement of payments must be fulfilled within 30 days. The period begins to run for you with the dispatch of your cancellation notice or the return consignment of the goods. The period relevant for us begins with the receipt of same.
Return deliveries from abroad (excluding Austria) are only free-of-charge in the event that goods are being exchanged.

End of the legal instruction on cancellation

3 Cost allocation agreement

In the event that you exercise your right of cancellation, you will bear the regular costs of the return consignment where the delivered goods conformed to the order and the price of the goods to be returned does not exceed 40 Euro or if – where the price of the goods exceeds this amount – you have not yet paid the contractual price or a part payment in respect thereof at the time of the cancellation. Otherwise the return consignment can be made at no charge to you. Return deliveries from abroad (excluding Austria) are only free-of-charge in the event that goods are being exchanged.

  1. Offer and conclusion of contract

1 The presentation of products in the Online Shop does not constitute a binding offer, but is instead only an invitation to place an order.
2 By clicking the Order button, you are submitting a binding order for the goods listed on the order page. You place the order by entering all details required during the order process and then, in the Order summary page, by finally clicking on the Order button to send the order form to us.
(3) You will receive an email confirming that we have received your order. However, the agreement is only formed once the confirmation of order is sent to you by email.

5 Storage of contract text

Your order and the order data entered by you will be stored in your personal customer account. By entering your log-in data, as selected by you at the time of your initial registration, you can access your customer account at any time and have the option of printing your order, including all the data entered for it. You can also print out your order from the order confirmation page directly after you have completed the order. We will also send you a confirmation of order containing all information to the email address specified by you upon placement of the order.

  1. Prices and shipping costs

1 The prices displayed on the product pages include statutory VAT.
2 In addition to the listed price, we also charge € 7.00 (incl. VAT) per order for delivery within Germany. Deliveries to Austria are subject to a charge of

€ 15.00 (incl. VAT) per order

.

7 Delivery

(1) Deliveries within Germany and Austria are carried out by DPD. Deliveries to all other countries with be performed as agreed (DPD,UPS and Fedex)
(2) In the event that we state the delivery periods and these delivery periods form the basis upon which the order is placed, these delivery periods will be extended in the event of industrial action and force majeure, the extension being equal to the time of the delay caused. The same applies in the event that you fail to satisfy any duties of cooperation.
(3) We are entitled to cancel the agreement if the order item is not available. We will contact you promptly in such an event to suggest, where appropriate, the delivery of an equivalent item. If no comparable item is available or if you do not want to receive a comparable item, we will promptly return to you any counter-performance (purchase price) already paid.
(4) If three attempts are made to deliver the goods without success, we may cancel the agreement. We will promptly reimburse to you any payments already made, less the costs incurred for the shipment.

8 Payment

(1) Payment may be made in advance (2% discount), by direct transfer (payment partner is the Payment Network AG), by Paypal or Paypal Express (Paypal payment system for customer with no Paypal account).
(2) With the payment in advance option, we will provide you with our bank account details in the order confirmation and will deliver the goods after payment has been received.
(3) You only have a right of set-off, if your counterclaims have been established by a final legal judgement, are not in dispute or have been acknowledged by us in writing.
(4) You only may exercise a right of retention with respect to claims arising from the same contractual arrangement.

  1. Retention of Title

The goods delivered remain our property until complete payment has been made. Prior to the transfer of ownership, it is not permitted to make the goods the subject of a lien, to use them for the purposes of providing collateral security or to transform them without our consent.

10 Guarantee

(1) We are liable in accordance with the statutory provisions with respect to any faults, unless limitations on this liability are imposed below.
(2) With respect to the delivery of new goods, claims in respect of defects are limited to a period of two years, starting from the time that risk passes. With respect to used goods, the warranty period is one year, starting from the time that risk passes. This does not apply in the case of compensation claims asserted in respect of faults. Compensation claims in respect of faults are governed by the provisions contained in Paragraph 11.
(3) We do not extend any legally binding warranties to the customer.
(4) We point out that the colours and quality of the goods as depicted on our website may deviate from actual colours and quality. It is possible that your computer system presents colours that deviate from the actual colours, and we have no influence over this discrepancy. Such discrepancies are not to be regarded as faults.

11 Liability for damage

(1) Our liability for breaches of contractual duties, as well as in tort, is limited to deliberate acts and gross negligence. This does not apply with respect to death, personal injury, claims in respect of breaches of cardinal duties and compensation for losses caused by delay (Section 286 German Civil Code). In this respect we are liable for every degree of culpability.
(2) The aforementioned exclusion of liability likewise applies with regard to slightly negligent breaches of duties on the part of our vicarious agents.
(3) In the event that liability for damage is not excluded with respect to slight negligence, and does not concern death or personal injury suffered by the customer, such claims are subject to a limitation period of one year starting from the time that the claim is established.
(4) In the event that liability to pay compensation is excluded or limited with regard to ourselves, this will also apply with respect to the personal liability of our employees, representatives and vicarious agents.

12 Miscellaneous

(1) The contractual relationship is governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If you are dealing commercially, or are a public law corporation or a public law special fund, the court with jurisdiction to hear matters regarding this agreement will be that court with jurisdiction for our registered address.
Valid as of: 03.12.2009
Download pdf file containing Terms and Conditions for The Cuckoo Look Shop here

FAQs

Ordering

How do I place an online order?
I have forgotten my password, what now?
Can I arrange to have my order sent as a gift?
How do I know, if my order has been successfully sent?

Payment

What payment options do I have? Can I choose between different payment options?
Who receives my bank transfer?
Can I be sure that my personal data remains confidential?
How much are the dispatch costs?

Delivery and dispatch

How is my order shipped out?
Can you deliver to any requested address?
Can I choose a delivery address that is different to my private address?
To which countries does the-cuckoo-look.com ship its products?
How long will the shipment take?
Is my shipment insured?
Do you also make deliveries on weekends or on public holidays?
Do I have to sign to confirm that I have received my package?

Returns and exchanges

What are your conditions for returning goods? What do I have to do if I want to exchange an item?
Can I fully exchange one item against another?
Is it also possible to exchange sale items?

General information

How and when can I contact customer services?
Does the-cuckoo-look.com have a sale every season?
What is a pick list? How do I use it?
When I am shopping at the-cuckoo-look.com, are the order and payment procedures really secure?

Ordering

How do I place an online order?
In the Online Shop of the-cuckoo-look.com, you will find carefully selected, luxurious accessories and jewellery made from exotic types of leather and produced by the fashion label a cuckoo moment…. You can order these directly and have them delivered in the shortest space of time to the address of your choice.

  1. Click on Products in the navigation bar. Then click on the category you want, e.g. Jewellery and then Bracelets.

Now click either directly on the image of the item you of your choice or on the name of the item; this will take you to the detail view. Here you can find further information about the selected item, including details of available sizes and colours.
All price information displayed in the shop is in Euro and includes the rate of VAT applicable in Germany, i.e. 19%.

  1. To place the item in the basket, first select the colour and/or the correct size for you and enter the quantity required. Now click on the Add to basket link. Now you have the option of searching for more items or you can complete the order by clicking on the Checkout now button. At this point, please again carefully check the selected items placed in your basket. If you want to delete an item from the basket, place a tick beside the item and then click on the Remove button. To continue shopping, click on Continue shopping or click on Products. Click on Proceed to next step to continue with the order process.
  1. If you want to add a delivery address that is different from the billing address, simply complete the Delivery address form below the billing address.
  1. Method of payment:

At this point you choose which payment method you want. You can opt for payment via direct transfer, Paypal or a bank transfer (advance payment). Further details on the various payment options are available under Payment.

  1. Submitting order:

Before submitting your binding order, please be sure that you have read our Terms and Conditions carefully. You are required to confirm that you have read and agreed with our Terms and Conditions, before you can send us your binding order.
I have forgotten my password, what now?
Click on the Forgotten your password? link. Enter the email address that you used to register with the-cuckoo-look.com. You will shortly receive an email containing your password. You can of course change your password at any time by going to My Account.
Can I arrange to have my order sent as a gift?
All products from the-cuckoo-look.com are shipped in top-quality decorative gift packaging. If you would like something special however, please talk to us and we will be delighted to satisfy your requests. For any such inquiries, please contact our customer services (Service line: +49 (0)211 – 362169 or email: info@the-cuckoo-look.com).
How do I know, if my order has been successfully sent?
After your order has been dispatched you will receive an email within a few minutes, which will contain an automatic order confirmation with your personal order number.
Payment:
What payment options do I have? Can I choose between different payment options?
You can pay by direct transfer, by a bank transfer (advance payment) or by Paypal (with or without a Paypal customer account). With Paypal payments without a customer account, there is also the option of paying using a credit card (VISA, MasterCard, American Express).
the-cuckoo-look.com reserves the right to exclude particular payment methods in particular cases. Unfortunately, we cannot accept payment by cash or cheque. We do not accept any liability in the event of any loss.
Who receives my bank transfer?
Please make your transfer to:
Account owner: The Cuckoo Look
Bank: Postbank Frankfurt
Acc.: 163 542 600
Bank code: 500 100 60
IBAN: DE36500100600163542600
BIC/SWIFT: PBNKDEFF
Can I be sure that my personal data remains confidential?
the-cuckoo-look.com stores and processes all customer data in accordance with the applicable data protection regulations. In this regard, personal data is only collected, stored and used for the purpose of processing an order for goods, or for any other purpose to which you have expressly given your consent. We only keep personal data for the duration for which it is strictly required. Personal data will never be passed on to any other party. One exception to this are the service partners of the-cuckoo-look.com, who require access to such data for the purpose of executing the order. However the scope of the relayed data will be kept to a minimum in such cases.
How much are the dispatch costs?
The delivery charges vary depending on where the delivery address is. For deliveries within Germany we charge € 7.00 (incl. VAT) per order. Deliveries to Austria are subject to a charge of € 15.00 (incl. VAT) per order.
Delivery and dispatch:
How is my order shipped out?
All deliveries will be made through our service partner, DPD.
Can you deliver to any requested address?
We deliver to every address, but we reserve the right not to deliver to postboxes.
Can I choose a delivery address that is different to my private address?
Yes, the delivery address can be any address of your choosing and may be different from your billing address. If you are registered or have an account with the-cuckoo-look.com, you may at any time click on My Account then on Billing and delivery settings to configure and change all your billing and delivery settings.
To which countries does the-cuckoo-look.com ship its products?
the-cuckoo-look.com currently only ships its products within Germany and to Austria.
How long will the shipment take?
Orders within Germany will normally be delivered within 1-2 working days. Deliveries abroad require 2-7 days (the time required depends on the particular customs regulations of the destination country).
Is my shipment insured?
All shipments of goods made by the-cuckoo-look.com are insured against theft and accidental damage up until the time of the written confirmation of receipt. The insurance cover ends at this time.
Do you also make deliveries on weekends or on public holidays?
the-cuckoo-look.com processes and ships orders during general service times.
Do I have to sign to confirm that I have received my package?
All deliveries are performed by our service partner, DPD, and it is therefore necessary that the receipt of the package be confirmed in writing. It is therefore unfortunately not possible to make deliveries to postboxes. We ask for your understanding.
Returns and exchanges:
How is my order shipped out?
Further details concerning our conditions for returns and exchanges can be found under Right of cancellation.
Can I fully exchange one item against another?
This is only possible if it concerns a similar article at the same price (e.g. an item in a different colour or size). It is, of course, possible to exchange the delivered item for a more expensive item, provided you pay the price difference.
Is it also possible to exchange sale items?
Yes, this is always possible in accordance with the-cuckoo-look.com’s conditions for exchanges and returns.
General information:
How and when can I contact customer services?
Either send us an email to info@the-cuckoo-look.com or call us at +49 (0)211 – 362169. Our service times are Monday to Friday from 10:00 am to 5:00 pm (excluding public holidays).
Does the-cuckoo-look.com have a sale every season?
Yes, the-cuckoo-look.com is constantly seeking to also offer you new seasonal items in its Sales section.
What is a pick list? How do I use it?
The pick list is your own personal wish list. It enables you to save a selection of your favourite items. After you have logged in, you can open up your pick list at any time and place the saved items into your basket. The current availability of saved items is checked daily and you can see right away if your selected item is in stock.
When I am shopping at the-cuckoo-look.com, are the order and payment procedures really secure?
The order and payment procedure is executed using a connection secured by “QuickSSL” from GeoTrust. Sites protected by QuickSSL use 128-bit SSL certificates and afford a high level of encryption and security. This means that you can always be sure that the communication between your browser and the web server of this site is protected and secure.
Tagcloud Homepage
www.the-cuckoo-look.com is the online store for exclusive jewellery items and accessories made from exotic materials. The Cuckoo Look enables you, at any time of the day, to view unique jewellery and accessories for that special moment. Bracelets, shoes or a handbag, dripping in luxuriant fashionable colours awaken the passion for luxury and are sure to be ‘must have’ items and classics. Elegant stingray skin, extravagant python snakeskin and ostrich skin and luxurious crocodile skin and velvety water-snakeskin exude an air of glamour and – when combined with semi-precious stones – create a symbiosis that gifts us this ‘cuckoo moment’.
the-cuckoo-look.com is the online store of the fashion label, a cuckoo moment…, which was established in 2005 and is based in Dusseldorf. Detailed information as well as the colours, size details and material description for every item, together with our attentive customer service, ensure that you have a pleasant shopping experience. Every item is shipped in exclusive gift packaging and will be usually be delivered to you within two days. Exchanges and returns are, of course, free of charge at the-cuckoo-look.com.
a cuckoo moment… is not a fashion label to merely watch…
…get the special cuckoo look.

Kontakt

acuckoomoment...
Eichenbruch 1a
40468 Düsseldorf
Deutschland

E-mail: hello@a-cuckoo-moment.com
Telefon: +49 (0) 211/362169
Fax: +49 (0) 211/30 197 586

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