Welcome to mytheresa.com

terms & conditionsterms & conditions

General Terms and Conditions of Business

§ 1 General

mytheresa.com GmbH, Einsteinring 37, 85609 Aschheim/München, managing directors: Christoph Botschen, Susanne Botschen, Dr. Thomas Müller, Jens Riewenherm, phone: +49 89 679707-100, info@mytheresa.com (hereinafter “mytheresa.com” or “we”), operates an online shop at the internet address www.mytheresa.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

§ 2 Contracts

1. The languages available for contracts depend on the country of destination selected:

Destination Available languages
Germany German, English
Austria German, English
Switzerland German, English, Italian, French
Italy German, English, Italian
France German, English, French
UK English
USA English
Japan English
Middle East English
Singapore English
Hong Kong English
Australia English
Netherlands German, English
Other EU Member States German, English
Non-EU European countries English
Other destinations English

Mid East: Bahrain, Qatar, Kuwait, Oman, Saudi-Arabia, UAE

2. The presentation of products on our Website does not constitute any offer by mytheresa.com for a purchase contract.

3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “buy”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

5. A purchase contract between you and mytheresa.com will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

6. mytheresa.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3 Returns

1. Advisory

Right of return

You may return the goods delivered within 14 days by return shipment without stating any reason. The time limit commences on receipt of this advisory in text form (e.g. letter, fax, e-mail), however, not until the recipient has received the goods (or not until receipt of the first partial delivery in the event of recurring deliveries of similar goods), and not until we have fulfilled our duties of information under Art. 246 sec. 2 in conjunction with Sec. 1 (1) and (2) EGBGB and not until we have fulfilled our duties under Sec. 312g (1) s. 1 BGB in conjunction with Art. 246 sec. 3 EGBGB. You may declare a return also by posting a return request in text form, however, only for goods not eligible for parcel shipping (such as bulky goods). To comply with the deadline the goods or return request must be dispatched in a timely manner. All return shipments are at our expense and risk. Please address all returns and return request to: mytheresa.com GmbH, Ammerthalstrasse 42, 85551 Kirchheim-Heimstetten, Germany, customercare@mytheresa.com.

Consequences

In the event of a valid and effective return, the performance received by either party must be returned and any benefits derived must be released. You are required to compensate us for any loss in value if the goods are returned in a deteriorated state and for any benefits derived (such as advantages derived from usage) which cannot be returned at all or in part or can only be returned in a deteriorated state. You are required for compensate us for any loss in value for deteriorated goods or benefits derived only to the extent that such benefits or deterioration are due to any handling of the goods extending beyond an inspection of their qualities and functions. “Inspection for qualities and functions” shall mean the testing and trial of the goods, as is possible and common in, for example, a store. Any obligations to refund payments must be fulfilled within 30 days. For you, this time limit starts upon dispatch of the returns or return request, and for us, upon their receipt.

End of advisory


2. Return shipments

All return shipments are made via the service used for original delivery (DHL or UPS), using the consignment note and/or label enclosed with the parcel. All documents that may be helpful for you when returning goods are enclosed with your parcel.

Please note that we can only accept return shipments from the country of destination. For example, if your delivery was made to Austria, any returns must be shipped from Austria as well.

Returns will be credited to your account/card, any losses caused by currency fluctuations will not be refunded.

For any questions about your right of return, please contact our Customer Care Team:

email: customercare@mytheresa.com
phone: +49 89 679707-100
fax: +49 89 679707-200

§ 4 Prices; product presentation; availability; Gift Card; promotion code

1. The prices stated on our Website www.mytheresa.com at the time of your order apply.

2. The goods offered at mytheresa.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

4. Gift Card

4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.

4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.

4.3 The Gift Card is only valid in countries that we ship to in the respective currencies, stated on our website. The Gift Card can only be used in the destination country, determined when purchasing the Gift Card.

4.4 When purchasing the Gift Card you may choose between sending the Gift Card per email or by regular mail.

4. 5 mytheresa.com is not responsible for the fraudulent use of or any lost, stolen, or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received. If sent per email, mytheresa.com is not responsible for misspellings or errors in the recipient’s email address.

4.6 mytheresa.com reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by mytheresa.com in the case of cancelling or blocking the Gift Card.

5. Promotion Code

5.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.

5.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of mytheresa.com, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

5.3 mytheresa.com cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.

5.4 mytheresa.com reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by mytheresa.com in the case of cancelling or blocking the promotion code.

§ 5 Storage of contract data

We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “submit order” button and your credit card details have been verified.

In addition you will receive an e-mail order confirmation stating all details entered, which may be printed out as well.

§ 6 Shipping & dispatch

1. Your package will be shipped with either DHL or UPS, depending on the final destination. In Germany, you may choose DHL Standard, DHL Express, UPS Express, or UPS Standard as your preferred shipping method. Mytheresa.com is liable for any potential transport risks.

2. The goods will be ready for dispatch on or after the day following your order. Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

3. Deliveries to non-EU destinations

3a) Deliveries to Switzerland

Based on experience, deliveries to Switzerland take 1 to 3 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Switzerland as well as customs and handling charges, but are exclusive of German value-added tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3b) Deliveries to Japan

Based on experience, deliveries to Japan take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include value-added tax as applicable in Japan as well as customs and handling charges, but are exclusive of German value-added tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3c) Deliveries to the USA

Based on experience, deliveries to the USA take 1 to 4 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated include customs and handling charges, but are exclusive of German value-added tax and US sales tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3d) Deliveries to the Middle East

(GCC including: Bahrain, Kuwait, Oman, Qatar, U.A.E, Saudi Arabia)
Based on experience, deliveries to the Middle East take 1-4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties and handling fees, but exclusive of German sales tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3e) Deliveries to Hong Kong

Based on experience, deliveries to Hong Kong take 2-4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties and handling fees, but exclusive of German sales tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3f) Deliveries to Australia

Based on experience, deliveries to Australia take 2-5 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of customs duties, handling fees, and goods and services tax but exclusive of German sales tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3g) Deliveries to Singapore

Based on experience, deliveries to Singapore take 2-4 business days. Please note that we bear the insurance costs of the merchandise as well as the costs for any accompanying documents. Product prices are shown inclusive of all taxes and handling fees but exclusive of German sales tax.
In case of a return, customs duties and handling fees can be refunded only as a voucher.

3h) Deliveries to other destinations

Based on experience, deliveries to countries liable to customs duties take 2 to 5 business days. Please be aware that we cover the insurance of the goods and all costs incurred for shipping documents. The product prices as indicated are exclusive of value-added tax and customs duties, and are also exclusive of German value-added tax. Please note that DHL will charge all import sales taxes, customs duties and handling charges separately for each country. For any questions about taxes and duties in your country, please e-mail to our Customer Care Team: customercare@mytheresa.com. Please note that you will be responsible for any banking charges as may be incurred in foreign countries.
In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.

4. Shipping charges

Destination Carrier Shipping costs Shipping times
Germany DHL Express 19.00 EUR 1-2 business days
Germany DHL Standard 9.00 EUR 1-3 business days
Germany UPS Express 19.00 EUR 1-2 business days
Germany UPS Standard 9.00 EUR 1-3 business days
Munich only Courier 15.00 EUR 3 hours max.
Austria DHL Express 19.00 EUR 1-2 business days
Austria DHL Standard 9.00 EUR 1-3 business days
Italy DHL Express 19.00 EUR 1-3 business days
Italy UPS Standard 13.00 EUR 1-4 business days
France DHL Express 19.00 EUR 1-2 business days
France UPS Standard 13.00 EUR 1-3 business days
Switzerland UPS Express 25.00 CHF 1-3 business days
Switzerland UPS Standard 18.00 CHF 2-3 business days
UK UPS Express 16.00 GBP 1-2 business days
UK UPS Standard 10.00 GBP 2-3 business days
USA DHL Express 25.00 USD 1-4 business days
Japan DHL Express 3,500 JPY 2-5 business days
Middle East DHL Express 20.00 EUR 1-4 business days
Singapore DHL Express 45.00 SGD 2-4 business days
Hong Kong DHL Express 270 HKD 2-4 business days
Australia DHL Express 45.00 AUD 2-5 business days
Netherlands DHL Express 19.00 EUR 1-3 business days
Netherlands UPS Standard 13.00 EUR 2-3 business days
European Union DHL Express 19.00 EUR 1-3 business days
European Union (except Malta and Cyprus) UPS Standard 13.00 EUR 2-3 business days
Non-EU European countries DHL Express 34.00 EUR 1-4 business days
Other Regions of Europe (AD, GG, IM, JE, LI, NO) UPS Standard 19.00 EUR 2-4 business days
Other destinations DHL Express 69.00 EUR 2-5 business days


Courier:
15.00 EUR, only in the Munich municipal area and only if paid by credit card, same day delivery if ordered by 16:30 h CET, Mondays to Fridays (except public holidays).

Shipping charges will be incurred only once for deliveries in instalments.

5. As a gesture of goodwill, mytheresa.com agrees to grant customer upon request a price adjustment by way of store credits, to be redeemed within one year, should the price of any regular item be first reduced within seven days after the contract with customer became effective. The price adjustment will be contingent upon availability of the same size and/or colour of the item at the time the price is reduced. This shall not apply to items that were marked down at the time of purchase already or were purchased as part of another special price campaign.

§ 7 Payment; default in payment; setoff; right of retention

1. Payment using a credit card, debit card, PayPal, or wire transfer

You can use a credit card, debit card, PayPal, or a wire transfer to pay for your purchase at mytheresa.com.

Depending on the country that you are ordering from, we accept the following methods of payment:

Accepted Method of Payment
Destination Currency Wire
Transfer
PayPal   Visa   Visa Debit Master
Card
Master
Card
Debit
American Express Diner's Club Discover   JCB     iDEAL
Germany EUR
Austria EUR
Italy EUR
France EUR
Great Britain GBP
Other EU countries EUR
Switzerland CHF
Other European countries outside of the EU EUR
USA USD
Japan JPY
Middle East EUR
Singapore SGD
Hong Kong HKD
Australia AUD
Netherlands EUR
Rest of the World EUR



All payments and credit notes will be handled in the currency chosen for the purchase (see also currencies).

2. Payment using a Gift Card

2.1 When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.

2.2 Compensation cannot be granted if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

2.3 In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

3. Payment using a promotion code

3.1 When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining. If the promotion code balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining promotion code balance is not possible.

3.2 Compensation cannot be granted if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

3.3 In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

§ 8 Retention of title

The goods delivered remain property of mytheresa.com until full payment has been made.

§ 9 Inquiries, complaints

For any inquiries about your order or complaints, please contact our Customer Care Team:

email: customercare@mytheresa.com
phone: +49 89 679707-100
fax: +49 89 679707-200

§ 10 Warranty

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.

§ 11 Liability

1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon (“essential secondary obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual secondary obligations which are not essential secondary obligations.

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

4. Any exclusion or limitation of the liability of mytheresa.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

§ 12 Governing law, severability

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.