Terms of service
3. General Terms and Conditions (GTC)
3.1 Scope and contractual partners
These Terms and Conditions apply to orders from consumers via https://shopnamelia.com. Seller and contractual partner is ARAUJO DIGITAL BUSINESS LLC, 9380 SW 72nd St, Suite B 214, Miami, FL 33173, United States, acting under the brand Namelia.
3.2 Offer, ordering process and conclusion of contract
The presentation of the products in the online shop is not a legally binding offer, but a request to place an order. You can select products, enter variants and personalization details and check and correct them in the shopping cart and in the checkout before submitting the order.
By clicking on the final order button you make a binding offer to conclude a purchase contract. An automatically sent confirmation of receipt only documents the receipt of the order. The contract is concluded when we expressly accept the order, start individual processing or confirm the shipment – whichever occurs first.
In particular, we may refuse or cancel an order if there is an obvious price or presentation error, a product is not available, the desired personalization cannot be technically carried out, payment or fraud checks are negative or the delivery address cannot be served. Payments already received will be refunded in this case.
3.3 Personalized products
For personalized products, you are responsible for checking the information entered before completing the order. Name, spelling, upper case, font, color, size and other confirmed options will be implemented according to your order, unless otherwise stated on the product page.
Displays or previews on the screen are used for orientation. Minor variations in colour, position, size or appearance may result from screen display, material, handling, production process or the length of the name, provided that the goods continue to conform to the agreed condition.
3.4 Prices, taxes and duties
The prices displayed in the shop are generally displayed in U.S. dollars. According to the settings applicable to the respective delivery location and checkout, the displayed final prices contain the applicable taxes and import duties, unless expressly stated otherwise in the checkout. The total amount displayed before the completion of the order is relevant.
For deliveries to countries outside the European Union, including Switzerland, special import and tax rules may apply. Namelia intends to include the applicable taxes shown in the checkout. If a shipping service provider requests an additional fee contrary to the checkout indication, please contact our customer service before paying.
3.5 Payments
The payment methods displayed in the checkout are available. Availability may vary by country, device, currency, risk assessment and payment provider. The payment is in principle due upon conclusion of the contract or according to the conditions of the chosen payment method.
3.6 Production and delivery times
Personalized products require additional processing and personalization time. The regular personalization time is expected to be 5 to 7 working days. The subsequent shipping time is expected to be 8 to 12 working days. In addition, a processing or safety margin of up to 2 working days may be incurred. The expected total duration is thus regularly 15 to 21 working days.
In the event of high order volumes, public holidays, customs inspections, weather events, address problems or disruptions at service providers, there may be delays. If a certain delivery period is bindingly promised, the corresponding information in the order confirmation is decisive.
3.7 Delivery and transfer of risk
Delivery will be made to the delivery address specified in the checkout. In the case of consumers, the risk of accidental loss or accidental deterioration is in principle transferred only upon delivery to the consumer or a recipient designated by him, unless the consumer himself has commissioned a carrier not offered by us.
3.8 Refusal of acceptance, non-collection and return to the sender
If a shipment is returned to the sender because of a refusal of acceptance, non-collection, incomplete or incorrect address for which the customer is responsible, we can demand the actual return and re-shipment costs, as far as permitted by law. A new shipment shall take place after payment of the notified costs. Legal consumer rights remain unaffected.
3.9 Right of withdrawal
For non-personalized goods, the statutory or voluntarily granted right of withdrawal applies according to our cancellation, return and refund policy. For goods that are manufactured according to individual specifications or are clearly personalized, there is in principle no right of withdrawal, as far as the legal requirements are met.
3.10 Rights of Defects
The legal defect rights apply. In the event of a defect, subsequent fulfillment, i.e. subsequent improvement or replacement delivery, may first be required, as far as the legal requirements are met. If the subsequent performance fails or is unreasonable, impossible or disproportionate, further legal rights may exist.
3.11 Liability
Namelia is liable without limitation in case of intent and gross negligence, in case of injury to life, body or health, according to mandatory product liability law as well as to the extent of expressly accepted guarantees.
In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the typically foreseeable damage. Essential contractual obligations are obligations whose fulfilment enables the proper execution of the contract in the first place and whose compliance with the contractual partners can regularly rely on. In addition, liability for slight negligence is excluded, as far as permitted by law.
3.12 Reserve of title
The delivered goods remain our property until full payment.
3.13 Consumer Dispute Resolution
We are not obliged and are not currently prepared to participate in dispute settlement proceedings before a German consumer arbitration body. The former European online dispute resolution platform is no longer available.
3.14 Applicable law
The law applicable under the mandatory rules of private international law applies. A choice of law shall not deprive consumers of the protection of mandatory provisions of the State of their habitual residence.
3.15 Final provisions
Should a provision of these GTC be wholly or partially ineffective, the other provisions shall remain unaffected. The ineffective provision is replaced by the applicable legal provisions.