The Black Angel | Gothic Shop - Terms & Conditions
Terms

Our Terms & Conditions are in conformity with the laws and regulations provided by the European Union for international trade. All customers within our outside the EU are bound by these Terms & Conditions and must explicitly agree to these before purchasing from our website. Should you have any questions or need any clarifications, please don’t hesitate to contact us!
 

1 DEFINITIONS
In these Terms and Conditions the following definitions and synonyms have the meaning as defined below:
 

  • "goods, merchandise, items, products": the gothic clothing for him and her, boots, accessories, jewelry, art prints and other goods made available for sale through and as described in the online shop and its website.
     

  • "we, us, our, The Black Angel, TBA, The Black Angel - Gothic Clothing": the company Supernova Cult S.A.R.L. whose registered trademark name is The Black Angel, and who runs and operates this website and online shop, whose registered office address is 17 Kinnikshaff, L-8838 Wahl, Luxemburg.
     

  • "Website, gothic shop, gothic store, online shop" : the website operated by The Black Angel, including but not limited to the gothic clothing online shops located at www.the-black-angel.com and http://www.the-black-angel.de/
     

  • "you, customer": the person, firm or company who contracts to buy goods and gothic clothing from The Black Angel through its online shop / website.



2 GENERAL
These Terms and Conditions are the only conditions under which we are willing to sell goods / gothic clothing to any customer - you have to read and  explicitly agree to these terms and conditions prior to any purchase on our website. These conditions can only be modified as set out in these conditions or by a variation in writing signed by a manager of The Black Angel. These terms and conditions (including any documents referred to within them) contain all the terms on which we sell the goods to you - where you are a private consumer, nothing in these terms and conditions shall detract from your statutory rights.

 

These Terms and Conditions supersede any prior promises, representations (except fraudulent misrepresentations), undertakings or implications made.  We reserve the right to vary or amend these conditions from time to time. We will post a copy of the revised conditions on the website of our gothic shop. The conditions in force at the time we agree to sell gothic clothing to you will apply to the contract between us for the sale of such goods.

 

3 ORDERING & DELIVERY
A contract is only concluded only when we have received the payment for your order. The goods / gothic clothing listed on the Website do not constitute an offer to sell on our part, nor does the order confirmation you receive automatically complete the checkout process - the order confirmation does only confirm that we have received your order, you need to complete the payment to conclude the contract. We will only accept and process orders that have been paid for in full.


We reserve the right to reject an order for any reason. In particular this website is targeted at customers in the USA, Europe, Canada, Australia, New Zealand  and Japan - and we reserve the right to refuse to accept orders from customers outside these countries. We also reserve the right to refuse orders from within these countries for any reason which we don’t need to disclose.


We will endeavor to issue any goods  we have agreed to sell to you through our gothic shop within 14 days of the date of acceptance of the order, unless we have notified you of a different timeframe. However time of delivery shall not be of the essence of the contract between you and us. Orders that have been accepted by us will be dispatched by registered or recorded delivery post to the address you have notified to us, either per courier within the EU, or with registered post / airmail to other countries.
 

 

4 PRICE & PAYMENT
The price for the goods is as listed on the website as at the date you place an order. This price is not inclusive transport and delivery costs, these will be added to the total at the moment you checkout from the website. All prices are payable in advance and are inclusive of VAT at current rate for the European Union. Customers from outside the EU will have to pay taxes applicable in their own country.


Payment can be made by credit card (Mastercards, Visa,…) using the secure facility provided on our website, or by using Paypal or bank transfer (IBAN & BIC). Orders will only be dispatched after we have received the full payment, and all goods remain the exclusive property of The Black Angel until paid in full by the customer.
The order is only considered for acceptation after payment has been completed. Until your payment for the order, The Black Angel is bound by no obligation whatsoever. These terms & conditions become valid only after payment has been made and the order accepted.


If you place an order with us but don't complete the payment, and don't make the effort to inform us per email or letter that you wish to cancel the order, we reserve the right to add you to our blacklist and refuse any orders from you in the future. Making repeated purchases on our website and not paying for them or completing the transaction is a sure way to get you on our black list.

 
5 EXCHANGES AND RETURNS

EXCHANGE FOR DIFFERENT SIZE
Exchanging clothing that doesn’t fit is very easy: should any item of those you ordered not fit and you need a different size, please contact us within fourteen (14) days after receipt of the goods and let us know about the problem. You then need to send the goods back to us within seven (7) days after notification with registered mail - it is the responsibility of the customer to make sure the goods get back to us undamaged, and it is also the duty of the customer to properly label the parcel as a return. Properly labeling the parcel as a return is very important, because failure to do so will might result in import taxes having to be paid, and these are at the customers expense.

Once we have received the undamaged and unworn goods, we will issue a replacement in the correct size as soon as possible. While the costs for sending the items back to us is at the customers expense, we take care of the costs for the replacement, thus splitting the costs resulting from ordering a wrong side with our customers - we share the risk.
 
RECOMMENDATION: to avoid receiving the wrong size for your clothing, please include your measurements in the “notice to us” field on the order form, that way we can verify the size before shipping the goods.
 
RETURN OF GOODS
Should you for any reason not wish to keep the goods you have ordered from us, you must notify us within fourteen (14) days after receipt of the goods of your intention to send them back. You then need to send the goods back to us within seven (7) days after notification with registered mail - it is the responsibility of the customer to make sure the goods get back to us undamaged, and it is also the duty of the customer to properly label the parcel as a return. Properly labeling the parcel as a return is very important, because failure to do so will might result in import taxes having to be paid, and these are at the customers expense.

 

Once we have received the undamaged and unworn goods, we will issue a refund for the value of the goods - we do not refund the transport costs. To prevent people ordering items for fun without the intention of keeping them and then returning them, we reserve the right to apply a restocking fee of up to 15% of the order value in cases of severe abuse. This 15% fee will be applied to all orders of 4 items and more, when none are kept and everything returned.
 
DAMAGED GOODS
We endeavor to provide quality clothing that has been checked and verified for production faults and damages before we ship it. We cannot verify each and every single item we receive from our suppliers, so while we have sample controls on a regular basis, it can happen that we receive a damaged item and that it is shipped to the customer without our team noticing - should this happen, please contact us right away with a description of the problem, and send the damaged goods back to us. We will thoroughly verify the goods, and should the damages be a production fault, we will issue a replacement and give refund you for a reasonable transport costs for sending the item back.
 
Should the goods have been damaged during transport, please contact us and we will file a claim with the transport company, and get you a replacement & refund for the transport costs. Settling the claim with the transport company can take 2-3 weeks. Should a replacement not be possible, we will then chose to refund you instead or suggest a different item for replacement.
 
NOTICE: many of our items are manufactured by hand, and slight variations are possible, both in color, fabric and material. These variations are minor variations only and will not change the look and feel of your goods in any noticeable way. These slight variations are not a damage to the goods and do not qualify the items for a return under the damaged goods clause.
 
IMPORTANT: Items that have intentionally or unintentionally been damaged by improper use by the customer will not be refunded or replaced. This kind of damages will be discovered and identified on return of the goods to us, and no refund issued. Costs resulting from this kind of attempted fraud-return will be billed in full to the customer.
 
EXEMPT FROM REFUND / RETURN
Items and apparel like piercing and underwear cannot be exchange because of hygiene reasons everybody will understand. These items will neither be exchanged or refunded, so in case of doubt when ordering one, contact us before - rather safe than sorry.
 
SPECIAL OFFERS / DISCOUNTS
Items and clothing made available as a one-time special offer, or clearance sales or special discount offers will not be refunded - we will consider replacing them with other items or issuing a voucher for the value of the item, but we will not refund them. We also sometimes offer items only available for a limited amount of time. These items are completely exempt from refunding and will only be replaced by an identical item as long as replacement is available.

 
6 LEGAL
In case of legal dispute, both the customer and The Black Angel will do their best to meet an arrangement out of court. Should not satisfying settlement for both parties be reached, all legal claims and actions shall be filed with the legal courts in Luxemburg. The buyer can suggest a different court, but The Black Angel is not bound to accept that suggestion, in which case the courts and laws in Luxemburg shall automatically be in charge of the dispute. Both seller and buyer agree to doing their best to solve any problem and reach an agreement out of court.