Terms of Service
This website is operated by SUSAN & PARKER CHARLESTON. Throughout the site, the terms “we”, “us” and “our” refer to SUSAN & PARKER CHARLESTON. SUSAN & PARKER CHARLESTON offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part.
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: The period within which the consumer can make use of his right of withdrawal.
Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance agreement with the entrepreneur.
Day: Calendar day.
Extended transaction: A distance agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
Distance agreement: An agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Technique for distance communication: Means that can be used for concluding an agreement without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Right of Withdrawal
The consumer has the right to withdraw from the agreement within a cooling-off period of 30 days without giving reasons. During the cooling-off period, the consumer shall handle the product and packaging with care.
If the consumer makes use of his right of withdrawal, he shall return the product with all delivered accessories and, if reasonably possible, in the original condition, in accordance with reasonable instructions from the entrepreneur.
Article 3 – Applicability
These general terms and conditions apply to every offer of the entrepreneur and to every concluded distance agreement and orders between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance agreement is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and they shall be sent free of charge to the consumer as soon as possible upon request.
If the distance agreement is concluded electronically, notwithstanding the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance agreement is concluded where the general terms and conditions can be consulted electronically and that they shall be sent electronically or otherwise free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply accordingly and the consumer may always rely on the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these conditions shall otherwise remain in force and the relevant provision shall be replaced in mutual consultation without delay by a provision that approximates the intent of the original as closely as possible.
Situations not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
Any shipping costs.
The manner in which the agreement will be concluded and which actions are required for this.
Whether or not the right of withdrawal applies.
The method of payment, delivery and execution of the agreement.
The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price.
The amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used.
Whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer.
The way in which the consumer, before concluding the agreement, can check and, if desired, restore the information provided by him in the context of the agreement.
Any other languages in which, in addition to English, the agreement may be concluded.
The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically.
The minimum duration of the distance agreement in the event of an extended transaction.
Optional: available sizes, colors, types of materials.
Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
The entrepreneur may, within legal frameworks, investigate whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it accessibly on a durable data carrier:
The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints.
The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
The information about guarantees and existing after-sales service.
The data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before execution of the agreement.
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days.
This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.
If he makes use of his right of withdrawal, he shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must communicate this by means of a written message or email to support@susanandparker.com.
After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to make use of his right of withdrawal after expiry of the periods mentioned in paragraphs 2 and 3 and/or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer makes use of his right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than within 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return shipment can be provided.
Article 8 – Exclusion of Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
That have been created by the entrepreneur in accordance with the consumer’s specifications.
That are clearly personal in nature.
That by their nature cannot be returned.
That spoil or age quickly.
Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence.
For individual newspapers and magazines.
For audio and video recordings and computer software of which the consumer has broken the seal.
For hygienic products of which the consumer has broken the seal.
Article 9 – The Price
During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes as a result of changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from three months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
They are the result of statutory regulations or provisions.
The consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. Products must be returned in the original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties.
The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging.
The defectiveness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur shall observe the greatest possible care when receiving and executing orders for products.
Subject to what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall receive notice of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall make efforts to provide a replacement item. At the latest upon delivery, it shall be stated clearly and understandably that a replacement item is being delivered.
For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Extended Transactions: Duration, Termination and Renewal
Termination
The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
At all times and not be limited to termination at a specific time or during a specific period.
At least terminate them in the same manner as they were entered into by him.
Always terminate them with the same notice period as the entrepreneur has stipulated for himself.
Renewal
An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed duration.
Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed duration of a maximum of three months, if the consumer may terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite duration if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1.
In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within seven days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt.
If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at his choice, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Only the laws of the United States apply to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
Even if the consumer resides abroad.