Conditions
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE (“TOS”) BELOW, AND TO ALL THE CONDITIONS, RULES AND POLICIES REFERRED TO IN THESE TOS. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH THE TERMS OF USE.
Table of contents:
§ 1 scope
§ 2 conclusion of contract
§ 3 right of withdrawal
§ 4 prices and terms of payment
§ 5 terms of delivery and shipping
§ 6 Incorrect deliveries, damages
§ 7 Retention of title
§ 8 Warranty
§ 9 Redeeming promotional vouchers
§ 10 Redeeming gift vouchers
§ 11 Liability
§ 12 Exemption in the event of infringement of third-party rights
§ 13 Address
§ 14 Changes to the GTC
§ 15 Applicable law, place of jurisdiction, effectiveness
§ 16 Alternative Dispute Resolution
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with us (hereinafter "Seller") with regard to the seller in goods presented in his online shop. We do not recognize conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity in writing. Our terms and conditions also apply if we carry out the delivery to the customer without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
(2) These GTC shall apply accordingly to contracts for the delivery of goods presented in the seller's printed catalogue, unless expressly agreed otherwise.
(3) These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
(4) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(1) The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
(2) The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail or online contact form.
(3) When ordering goods presented in the seller's printed catalogue, the customer can submit his offer to the seller by telephone, fax, e-mail or post.To do this, the customer can fill out the order form attached to the seller's printed catalog and send it back to the seller
(4) The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
(5) When submitting an offer via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent along with these General Terms and Conditions. sent. However, the text of the contract can no longer be accessed by the customer via the seller's website after the order has been sent.
(6) Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the ordering process.
(7) Only the German language is available for the conclusion of the contract.
(8) Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
(1) If the customer makes use of his statutory right of withdrawal (see cancellation policy), the customer must return the goods to the seller within 14 days of receipt. Up to an order value of up to €40.00, the customer has to bear the costs of returning the goods he has ordered. Any reduction in value of the returned goods as a result of use by the customer must be reimbursed by the customer.
(2) Furthermore, there is no right of cancellation when concluding contracts for the delivery of newspapers, magazines or magazines, with the exception of subscription contracts.
(3) The right of withdrawal expires prematurely for contracts for the delivery of digital content that is not on a physical data carrier if the customer has expressly agreed that the execution of the contract will begin before the end of the withdrawal period and the customer confirms his knowledge of this has that he loses his right of withdrawal through his consent at the beginning of the execution of the contract
(4) Further information on the right of cancellation can be found in the seller's cancellation policy.
§ 4 prices and terms of payment
(1) Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
(2) For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
(3) The payment option(s) will be communicated to the customer in the seller's online shop.
(4) If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
(5) When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de /webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https: //www.paypal.com/de/webapps/mpp/ua/privacywax-full.
(6) If you select the "SOFORT transfer" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT, the customer must have an activated online banking account with PIN/TAN procedure for participation in SOFORT, identify themselves accordingly during the payment process and confirm the payment order to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can find more detailed information on the payment method SOFORT on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/ retrieve.
(7) If the purchase on account payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
§ 5 Delivery and shipping conditions
(1) Goods are delivered by dispatch to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
(2) Goods that are delivered by a forwarding agent are delivered "free to the curb", i.e. to the public curb closest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and provided unless otherwise agreed in writing.
(3) If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance.
(4) If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller hands over the item to the forwarding agent, carrier or other person responsible for carrying out the shipment or institution delivered. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or an authorized recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment, if the Customer commissioned the forwarding agent, the carrier or the person or institution otherwise responsible for carrying out the shipment with the execution and the seller has not previously named this person or institution to the customer.
(4) The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
(5) In the case of self-collection, the seller first informs the customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the seller. In this case, no shipping costs will be charged.
(6) Vouchers are given to the customer as follows:
- by email
- by mail
(1) Wrong or faulty deliveries or their calculation must be reported within 7 days after receipt of the shipment or, in the case of non-obvious defects, immediately after the defect has been noticed in writing or by submitting the invoice, the delivery note or the package label.
(2) Claims for damages of any kind by the customer against the seller, in particular in the event of non-delivery or wrong delivery, are excluded, except in the case of intent.In the event of disruptions to operations in our own or third-party operations or in the event of force majeure, the seller can immediately and unilaterally withdraw from the contract
(1) In relation to consumers, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.
(2) In relation to entrepreneurs, the seller reserves title to the delivered goods until all claims from an ongoing business relationship have been settled in full.
(3) If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default in payment and no application for the opening of insolvency proceedings has been filed.
(1) For entrepreneurs
- an insignificant defect does not justify any claims for defects;
- the seller has the choice of the type of supplementary performance;
- for new goods, the limitation period for defects is one year from the transfer of risk;
- In the case of used goods, rights and claims due to defects are fundamentally excluded;
- the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.
(2) For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, with the restriction of the following paragraph.
(3) The limitations of liability and reductions in the limitation period set out above do not apply
- for things that have not been used for a building in accordance with their normal use and have caused its defectiveness,
- for damage resulting from injury to life, limb or health that is based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
- for other damage based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
- in the event that the seller has fraudulently concealed the defect.
(4) In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
(5) If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial obligation to examine and give notice of defects in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
(6) If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
§ 9 Redeeming promotional vouchers
(1) Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period
(2) Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
(3) Promotional vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
(4) Only one promotional voucher can be redeemed per order.
(5) The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
(6) If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
(7) The balance of a promotional voucher is neither paid out in cash nor does it earn interest.
(8) The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
(9) The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, the legal incapacity or the lack of authorization to represent the respective owner.
(1) Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
(2) Gift vouchers and remaining balances of gift vouchers can be redeemed up to the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer by the expiry date.
(3) Gift vouchers can only be redeemed before completing the ordering process. Subsequent settlement is not possible.
(4) Multiple gift vouchers can be redeemed for one order.
(5) Gift Vouchers can only be used to purchase goods and cannot be used to purchase additional Gift Vouchers.
(6) If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
(7) The balance of a gift certificate is neither paid out in cash nor does it earn interest.
(8) The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
The seller uses industry-standard effort and care to compile, process and present the product information provided in accordance with the current state of knowledge. Despite careful collection of content, preparation, control and correction, errors cannot be completely ruled out.The seller therefore assumes no guarantee or liability for the correctness and completeness of content and for damage that the customer or third parties incur directly or indirectly in any way in this context. Furthermore, the seller assumes no liability for damage in connection with technical problems or other circumstances beyond the seller's control.
§ 12 Exemption in case of violation of third-party rights
If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g copyright or trademark rights). The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer is obliged to immediately, truthfully and completely provide the seller with all the information required to examine the claims and to defend them.
Provider and contractual partner of the offers on this website.
Seller reserves the right, at any time and in its sole discretion, to change any provision of the Terms and Conditions, as well as any regulation or policy on the Website. If the Seller makes changes, then the last updated date at the end of these T&Cs will be changed accordingly. All changes will come into effect upon posting on the website. By continuing to use the website after the changes are posted, the customer indicates his acceptance of these changes. The seller advises the customer to read the terms and conditions every time they visit the seller's website.
§ 15 Applicable law, place of jurisdiction, effectiveness
(1) German law applies to the contractual relationship. UN sales law is excluded. In transactions with consumers within the European Union, the law at the consumer's place of residence may also be applicable, provided that mandatory consumer law provisions are involved. The exclusive place of jurisdiction is the place of business of the seller, insofar as the customer is a merchant within the meaning of the German Commercial Code or does not have a permanent place of residence in Germany when the action is filed.
(2) Should individual provisions of the above General Terms and Conditions violate the applicable law, these provisions will be replaced by analogous, legally valid provisions. The effectiveness of the other regulations remains unaffected.
§ 16 Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at http://ec.europa.eu/consumers/odr/. In principle, the seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
Status of the General Terms and Conditions: Oct 2022
.Sleeve High Neck Bodycon Dress
$132.00
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