Terms of Service
• § 1. General, Scope
(1) The following General Terms and Conditions (GTC) apply to all contracts concluded with us for the purchase and delivery of goods via the online shop www.fashionkorb.eu. The terms and conditions apply only if the buyer is an entrepreneur within the meaning of § 14 BGB. (German Codex of Civil Law)
(2) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the buyer, even if known, are not part of the contract, unless their validity is expressly agreed to. This approval requirement applies in any case, for example, even if we carry out the delivery to him unconditionally with knowledge of the terms and conditions of the buyer.
(3) In individual cases, individual agreements with the buyer (including side agreements, additions and changes) have priority over these terms and conditions. For the content of such agreements, , a written contract or our written confirmation is necessary, unless proven otherwise.
(4) Legally relevant declarations and notifications that are to be submitted to us by the purchaser after the conclusion of the contract (e.g. deadlines, notification of defects, declaration of rescission or reduction) must be made in writing in order to be valid.
(5) Indications of the validity of statutory provisions are only of clarifying significance. Even without such clarification the statutory provisions apply, unless they are directly amended or expressly excluded in these terms and conditions.
• § 2. Ordering process and conclusion of contract
(1) Our offers in the online shop are not binding. The presentation of goods in our online shop is not an offer, but a non-binding invitation to the buyer to order.
(2) By ordering the desired goods, the buyer bindingly declares his contract offer. We will immediately confirm the receipt of the customer's order. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if we expressly declare this. The receipt of a telephone order is not a binding acceptance on our part.
(3) We are entitled to accept the contract offer in the order within three working days after receipt. The purchase contract with the buyer comes about only with our acceptance. Acceptance may be declared either in writing (for example, by order confirmation) or by delivering the goods to the buyer.
• § 3. Prices
(1) Prices are shown in EUR for the warehouse plus VAT. In the case of the dispatch of the purchase, a delivery charge is added. The shipping costs are given under the link "shipping costs".
(2) If the delivery is made to a non-EU country, customs duties, fees, taxes and other public charges may apply in addition to the purchase price. These are taken over by the buyer and must be paid directly to the responsible customs or tax authorities. Further information can be found, for example, on the following websites:
for import VAT at http://auskunft.ezt-online.de/ezto/Welcome.do and especially for Switzerland at http://xtares.admin.ch/tares/login/loginFormFiller.do;jsessionid=j7lBh2yH3X2jGXLG6Fphx898Zs1B2t4G9gVGCW5v4pV6NgYk62Sn!1638114210?l=en
• § 4. Payment terms
(1) The price must be paid in advance. We offer the following payment options to the buyer:
(a) Payment in advance by bank transfer
In case of this payment option, the buyer transfers the purchase price in advance to our bank account, the account information will be told to the buyer inside of the order confirmation. The goods will be shipped only after the payment arrives at our bank account.
(b) Payment in advance via PayPal
PayPal is an online payment service provided by PayPal (Europe) S.à r.l. et Cie, S.C.A., which includes a real-time payment solution. To use this payment option, it is necessary for the buyer to already have a PayPal account with the payment service provider where he deposits his bank and credit card details. When paying by PayPal, the Pay Pal account of the buyer and thus ultimately his bank or credit card account will be debited with the purchase price; At the same time, our PayPal account receives a corresponding credit. The goods will be shipped only after that.
(c) Payment in advance by credit card
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract.
The payment method credit card requires a successful credit check by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.de) . Secupay AG collects the invoice amount from the customer's credit card account. In the case of assignment can only on secupay AG will be provided with debt-discharging effect. The credit card will be charged immediately after sending the customer order in the online shop. The provider remains responsible for general customer inquiries even when selecting the payment method credit card payment via secupay AG and will answer questions about the goods, delivery time, dispatch, returns, complaints, revocation declarations or credits.
(d) Payment in advance via Sofortüberweisung
Sofortüberweisung is an online payment system of the company Sofort AG for cashless payment on the Internet. In the case of instant bank transfer, the purchaser, in addition to his account information, transmits his personal bank PIN and a valid TAN on a website to Sofort AG, whereupon the latter carries out the actual transaction on behalf of the purchaser at the buyer's bank. When choosing this payment option, the buyer will automatically be redirected to the website of the company Sofort AG (www.sofort.com) after completing the order process in order to initiate the transfer using his online banking data. The goods will be shipped only after receipt of payment.
(2) The purchaser must state the order number communicated to him as part of the order confirmation as the intended use of the payment. Different data may result in assignment difficulties. In this case, we are not responsible for the delivery delay that may have been caused by this.
• § 5. Delivery, place of performance
(1) Delivery is from the warehouse, which is also the place of performance
(2) If a consignment purchase has been agreed to, we will ship the goods to the delivery address specified by the buyer. Unless otherwise agreed, we are entitled to determine the nature of the shipment (in particular transport company, shipping route, packaging).
(3) The delivery periods begins
(a) in case of payment in advance, on the day the full amount has been received or
(b)if cash on delivery or payment after delivery has been agreed to, upon the conclusion of the sales contract.
(4) For the observance of the dispatch date, only the date of delivery of the goods by us to the shipping company shall prevail.
(5) If no delivery period has been agreed, a shipment shall be deemed agreed within five working days from the date specified in paragraph 3.
(6) We are entitled to partial deliveries of goods that are included in an order, separately usable goods, whereby we carry the additional shipping costs caused thereby.
(7) We shall not be liable for impossibility of delivery or for delivery delays, insofar as these are caused by force majeure or other unpredictable events at the time of the conclusion of the contract (e.g. Disruptions of all kinds, strikes, legitimate lockouts, lack of energy or raw materials, official measures) as long as we are not responsible for these causes. If such events make the delivery or service considerably more difficult or impossible for us and the hindrance is not just temporary, we are entitled to withdraw from the contract. In the case of obstacles of a temporary duration, the delivery or service periods shall be extended or the delivery or service dates shall be postponed by the period of the hindrance plus a reasonable start-up period. Insofar as the buyer can not reasonably be expected to accept the delivery or service as a result of the delay, he can withdraw from the contract by giving us a prompt written declaration.
(8) If we are late in supplying goods or services or if it becomes impossible for us to supply them, any claims for damages is limited in accordance with Section 8 of these Terms and Conditions
(9) The rights of the buyer in accordance with Section 8 of this ABG and our statutory rights, especially in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the Performance and / or subsequent performance) remain unaffected.
• § 6. Transfer of risk
The risk of accidental loss and accidental deterioration of the goods shall pass to the buyer at the latest upon handover. However, in the case of a consignment sale, the risk of accidental loss and accidental deterioration of the goods passes to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment. The transfer is the same if the buyer is in default of acceptance.
• § 7. Warranty, obligation to complain
(1) For the rights of the buyer in case of material and legal defects (including wrong and short delivery), the statutory provisions apply, unless otherwise stated below. In all cases, the statutory special provisions remain unaffected on final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB).
(2) If the purchase is a commercial transaction for the buyer, the buyer must immediately examine the delivered goods and if a defect shows up, he has to notify us immediately. (obligation to inspect and notify according to § 377 HGB). (German commercial code)
The delivered goods shall be deemed as having no defects and being approved by the buyer, unless we are notified by him;
a) in the case of obvious defects (including wrong and short delivery) within seven working days of delivery or
b) in case of other defects within seven working days after the discovery.
The defect is to be displayed in text form. The timely dispatch is sufficient as the deadline. If the buyer fails to properly examine and / or report a defect, our liability for the non-indicated defect is excluded.
(3) The buyer must give us the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In the case of a replacement delivery, the buyer has to return the defective item to us in accordance with the statutory provisions.
(4) The expenses necessary for the purpose of the inspection and subsequent performance, in particular transport, travel, labor and material costs, shall be borne by us if a defect actually exists , However, if a defect removal request of the buyer turns out to be unjustified, we may demand compensation for the resulting costs from the buyer
(5) Claims by the buyer for damages or reimbursement of futile expenses only exist in accordance with Section 8 of the GTC and are otherwise excluded.
(6) Any delivery of used items agreed upon with the buyer in individual cases shall be subject to the exclusion of any warranty for material defects.
• § 8. Other liability
(1) Unless otherwise stated in these terms and conditions, including the following provisions, we shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages - for whatever legal reason - in case of intent and gross negligence. In the case of simple negligence, we are liable only
(a) for damages resulting from injury to life, limb or health,
(b) for damages from the breach of an essential contractual duty (obligation, the satisfactionof which only enables the proper execution of the contract at all and with which thecontractual partner relies and may as a rule rely on its compliance)
In the case of simple negligent breaches of duty,our liability is limited to the reimbursement of the foreseeable, typically occurring damages. Indirect damage and consequential damage resulting from defects in the delivered goods are also only substitutable insofar as such damage is typically to be expected if the goods are used as intended. The above exclusions and limitations of liability apply to the same extent in favor of our bodies, our legal representatives, our employees and other vicarious agents.
(3) The liability restrictions which can be derived from Paragraph 2 shall not apply insofar as we have maliciously failed to disclose a defect or have assumed a guarantee for the condition ofthe goods. The same shall apply to claims of the Buyer according to the Product Liability Act.
(4) Further liability for damages as provided for in paragraphs 1 to 3 shall be excluded, regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence on conclusion of contract, due to other breaches of duty or due to tort claims for compensation for property damage in accordance with § 823 BGB
(5) We are not liable for the functioning of data networks, servers or data lines to a data center and the constant availability of our online -Shop.
(6) The Buyer can only cancel or terminate the contract owing to the breach of a duty, which does not consist of a defect, if we are responsible for the breach of duty. Otherwise, the legal conditions and consequences are statutory.
• § 9. Retention of title
(1) We reserve the ownership of the goods until full payment of the purchase price.
(2) The goods subject to retention of title may not be pledged to third parties or transferred as collateral before full payment of the secured claims. The buyer must notify us immediately if and to the extent that third parties access the goods belonging to us.
(3) The buyer is authorized to resell the goods subject to retention of title in the ordinary course of business. In this case, the following provisions additionally apply.
(a) The buyer hereby assigns the claims arising from the resale of the goods against third parties to us as security. We accept the assignment. The obligations of the purchaser referred to in paragraph 2 shall also apply with regard to the assigned claims.
(b) The debtor shall retain the right to collect the claim besides us. We undertake not to collect the claim as long as the buyer meets his payment obligations to us, does not default on payment, has not filed for insolvency proceedings and has no other lack of performance. If this is the case, we can demand that the buyer informs us of the assigned claims and their debtors, provides all information necessary for collection, hands over the related documents and notifies the debtors (third parties) of the assignment. In addition, in this case, we are entitled to revoke the purchaser's authority to resell or process the goods subject to retention of title.
(c) If the realizable value of the securities exceeds our claims by more than 10%, we shall, at the request of the purchaser, secure collateral release our choice.
• § 10 Statute of limitation
(1) The general period of limitation for claims based on defects is 12 months from the transfer of risk
(2) The limitation period in the case of a delivery regress under Art. 478 and 479 BGB shall remain unaffected. In these and other cases, only the statutory statute of limitations apply.
• § 11. Contractual language, choice of law and place of jurisdiction
(1) The contract language is German
(2) The law of the Federal Republic of Germany shall apply to these GTC and all legal relationships between us and the buyer, excluding international uniform law, in particular the UN Sales Convention. The prerequisites and effects of the retention of title according to Section 9 are subject to the law at the respective location of the item, as far as the choice of law in favor of German law is inadmissible or ineffective.
(3) If the buyer is a merchant within the meaning of the German Commercial Code, the exclusive place of jurisdiction is international jurisdiction for all disputes arising directly or indirectly from the contractual relationship, our place of business in Kiel. However, we are also entitled to bring an action at the general place of jurisdiction of the buyer. Mandatory statutory provisions on exclusive jurisdictions remain unaffected by this provision.
As of: February 2017
Terms and Conditions of this online store