TERMS
TABLE OF CONTENTS
- SCOPE
- CONCLUSION OF CONTRACT
- RIGHT OF WITHDRAWAL
- PRICES AND PAYMENT TERMS
- DELIVERY AND SHIPPING TERMS
- RETENTION OF TITLE
- LIABILITY FOR DEFECTS (WARRANTY)
- APPLICABLE LAW
- ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER "T&C") OF KARINA VOAG, TRADING AS "KLIX CLOTHING" (HEREINAFTER "SELLER") APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS THAT A CONSUMER OR ENTREPRENEUR (HEREINAFTER "CUSTOMER") MAKES WITH THE SELLER REGARDS THE GOODS PRESENTED BY THE SELLER IN ITS ONLINE STORE. THE INCLUSION OF THE CUSTOMER'S OWN TERMS AND CONDITIONS IS HEREBY REVOKED UNLESS OTHERWISE AGREED
1.2 A CONSUMER FOR THE PURPOSE OF THESE TERMS AND CONSUMER IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES WHICH CANNOT BE PREMIUMLY ATTRIBUTABLE TO NEITHER THEIR COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITY. ENTREPRENEUR WITHIN THE SENSE OF THESE TERMS AND CONDITIONS IS AN INDIVIDUAL OR LEGAL PERSON OR A LEGAL COMPANY WHO ACTS IN THE EXERCISE OF THEIR COMMERCIAL OR SELF-EMPLOYED PROFESSIONAL ACTIVITY WHEN CONCLUDING A LEGAL TRANSACTION
2) CONCLUSION OF CONTRACT
2.1 THE PRODUCT DESCRIPTIONS CONTAINED IN THE SELLER'S ONLINE SHOP DO NOT REPRESENT BINDING OFFERS FROM THE SELLER, BUT ARE USED TO MAKE A BINDING OFFER BY THE CUSTOMER.
2.2 THE CUSTOMER CAN SUBMIT THE OFFER VIA THE ONLINE ORDER FORM INTEGRATED INTO THE SELLER'S ONLINE SHOP. AFTER PLACING THE SELECTED GOODS IN THE VIRTUAL SHOPPING CART AND GOING THROUGH THE ELECTRONIC ORDERING PROCESS, THE CUSTOMER MAKES A LEGALLY BINDING CONTRACTUAL OFFER REGARDING THE GOODS CONTAINED IN THE SHOPPING CART BY CLICKING THE BUTTON COMPLETING THE ORDERING PROCESS
2.3 THE SELLER CAN ACCEPT THE CUSTOMER'S OFFER WITHIN FIVE DAYS,
BY SENDING TO THE CUSTOMER A WRITTEN ORDER CONFIRMATION OR AN ORDER CONFIRMATION IN TEXT FORM (FAX OR E-MAIL), IN WHICH ACCEPTANCE OF THE ORDER CONFIRMATION BY THE CUSTOMER IS DECISIVE, ODE
BY DELIVERING THE ORDERED GOODS TO THE CUSTOMER, IN WHICH ACCESS OF THE GOODS TO THE CUSTOMER IS RECITAL, ODE
BY REQUESTING THE CUSTOMER TO PAY AFTER PLACING THEIR ORDER.
IF SEVERAL OF THE ABOVE ALTERNATIVES EXIST, THE CONTRACT WILL COME INTO CONFORMITY AT THE TIME ONE OF THE ABOVE ALTERNATIVES FIRST OCCURS. THE PERIOD FOR ACCEPTANCE OF THE OFFER BEGINS ON THE DAY AFTER THE CUSTOMER SENDS THE OFFER AND ENDS AT THE EXPIRY OF THE FIFTH DAY FOLLOWING THE SENDING OF THE OFFER. IF THE SELLER DOES NOT ACCEPT THE CUSTOMER'S OFFER WITHIN THE ABOVE-MENTIONED PERIOD, THIS WILL BE CONSIDERED A REJECTION OF THE OFFER, WITH THE CONSEQUENCES THAT THE CUSTOMER IS NO LONGER BOUND BY HIS DECLARATION OF WILL.
2.4 IF YOU SELECT A PAYMENT METHOD OFFERED BY PAYPAL, PAYMENT PROCESSING WILL BE CARRIED OUT THROUGH THE PAYMENT SERVICE PROVIDER PAYPAL (EUROPE) S.À RL ET CIE, SCA, 22-24 BOULEVARD ROYAL, L-2449 LUXEMBOURG (hereinafter: “PAYPAL”), UNDER APPLICABLE 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 TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT, AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACYWAX-FULL. IF THE CUSTOMER PAYES USING A PAYMENT METHOD OFFERED BY PAYPAL THAT CAN BE SELECTED IN THE ONLINE ORDERING PROCESS, THE SELLER DECLARES ACCEPTANCE OF THE CUSTOMER'S OFFER AT THE TIME THE CUSTOMER CLICKS THE BUTTON COMPLETING THE ORDERING PROCESS
2.5 WHEN SUBMITTING AN OFFER VIA THE SELLER'S ONLINE ORDER FORM, THE CONTRACT TEXT WILL BE SAVED BY THE SELLER AFTER CONCLUSION OF THE CONTRACT AND WILL BE TRANSMITTED TO THE CUSTOMER IN TEXT FORM (E.G. E-MAIL, FAX OR LETTER) AFTER SENDING THEIR ORDER. THE SELLER WILL NOT MAKE THE TEXT OF THE CONTRACT ACCESSIBLE BEYOND THIS.
2.6 BEFORE PLACING THE ORDER VIA THE SELLER'S ONLINE ORDER FORM, THE CUSTOMER CAN IDENTIFY POSSIBLE INPUT ERRORS BY CAREFULLY READING THE INFORMATION SHOWN ON THE SCREEN. AN EFFECTIVE TECHNICAL MEANS FOR BETTER DETECTION OF INPUT ERRORS CAN BE THE BROWSER'S MAGNIFICATION FUNCTION, WHICH WILL ENLARGE THE DISPLAY ON THE SCREEN. THE CUSTOMER CAN CORRECT HIS ENTRY USING THE USUAL KEYBOARD AND MOUSE FUNCTIONS AS PART OF THE ELECTRONIC ORDERING PROCESS UNTIL HE CLICKS THE BUTTON THAT COMPLETES THE ORDERING PROCESS
2.7 ONLY THE GERMAN LANGUAGE IS AVAILABLE FOR THE CONCLUSION OF THE CONTRACT
2.8 ORDER PROCESSING AND CONTACT GENERALLY TAKE PLACE VIA E-MAIL AND AUTOMATED ORDER PROCESSING. THE CUSTOMER HAS TO ENSURE THAT THE E-MAIL ADDRESS SHE PROVIDED FOR ORDER PROCESSING IS CORRECT SO THAT EMAILS SENT FROM THE SELLER CAN BE RECEIVED AT THIS ADDRESS. IN PARTICULAR, WHEN USING SPAM FILTERS, THE CUSTOMER MUST ENSURE THAT ALL EMAILS SENT BY THE SELLER OR BY THE THIRD PARTY AUTHORIZED WITH THE ORDER PROCESSING CAN BE DELIVERED.
3) RIGHT OF WITHDRAWAL
3.1 CONSUMERS ARE FUNDAMENTALLY ENTITLED TO THE RIGHT OF CANCELLATION.
3.2 MORE INFORMATION ON THE RIGHT OF CANCELLATION CAN BE FOUND IN THE SELLER'S CANCELLATION POLICY.
4) PRICES AND PAYMENT TERMS
4.1 UNLESS THE SELLER'S PRODUCT DESCRIPTION PROVIDES OTHERWISE, THE PRICES STATED ARE TOTAL PRICES WHICH DO NOT INCLUDE STATUTORY VAT IN ACCORDANCE WITH THE SMALL BUSINESS REGULATION. ANY ADDITIONAL DELIVERY AND SHIPPING COSTS THAT MAY APPLY ARE STATED SEPARATELY IN THE RESPECTIVE PRODUCT DESCRIPTION.
4.2 FOR DELIVERIES TO COUNTRIES OUTSIDE THE EUROPEAN UNION, ADDITIONAL COSTS MAY APPLY IN INDIVIDUAL CASES FOR WHICH THE SELLER IS NOT RESPONSIBLE AND WHICH ARE TO BE BEARED BY THE CUSTOMER. THIS INCLUDES, FOR EXAMPLE, COSTS FOR TRANSMITTING MONEY THROUGH CREDIT INSTITUTIONS (E.G. TRANSFER FEES, EXCHANGE RATE FEES) OR IMPORT DUTIES OR TAXES (E.G. CUSTOMS). SUCH COSTS MAY APPLY IN REGARD TO THE TRANSMISSION OF MONEY EVEN 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
4.3 THE PAYMENT OPTION(S) WILL BE NOTIFIED TO THE CUSTOMER IN THE SELLER'S ONLINE SHOP.
5) DELIVERY AND SHIPPING TERMS
5.1 GOODS WILL BE DELIVERED BY SHIPPING 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 APPLICABLE
5.2 IF THE DELIVERY OF THE GOODS FAILS FOR REASONS FOR WHICH THE CUSTOMER IS RESPONSIBLE, THE CUSTOMER SHALL BEAR THE REASONABLE COSTS RESULTING FROM THE SELLER. THIS DOES NOT APPLY WITH RESPECT TO THE COSTS OF SHIPPING IF THE CUSTOMER EFFECTIVELY EXERCISES HIS RIGHT OF CANCELLATION. IF THE CUSTOMER EFFECTIVELY EXERCISES THE RIGHT OF CANCELLATION, THE REGULATIONS IN THE SELLER'S CANCELLATION POLICY APPLY TO THE RETURN COSTS.
5.3 SELF COLLECTION IS NOT POSSIBLE FOR LOGISTICAL REASONS.
6) RETENTION OF TITLE
IF THE SELLER MAKES ADVANCE PERFORMANCE, HE RESERVES OWNERSHIP OF THE DELIVERED GOODS UNTIL FULL PAYMENT OF THE PURCHASE PRICE OWED.
7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 IF THE ITEM OF PURCHASE IS DEFECTIVE, THE REGULATIONS OF STATUTORY LIABILITY FOR DEFECTS APPLY.
7.2 THE CUSTOMER IS REQUESTED TO COMPLAINT DELIVERED GOODS WITH OBVIOUS TRANSPORT DAMAGE TO THE DELIVERY AND TO INFORM THE SELLER OF THIS. IF THE CUSTOMER DOES NOT COMPLY WITH THIS, THIS WILL NOT HAVE ANY EFFECT ON HIS STATUTORY OR CONTRACTUAL CLAIMS FOR DEFECTS.
8) APPLICABLE LAW
THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO ALL LEGAL RELATIONSHIPS OF THE PARTIES, TO THE EXCLUSION OF THE LAWS REGARDING THE INTERNATIONAL PURCHASE OF MOVABLE GOODS. FOR CONSUMERS, THIS CHOICE OF LAW APPLIES ONLY TO THE EXTENT THE PROTECTION PROVIDED IS NOT WITHDRAWN BY MANDATORY PROVISIONS OF THE LAW OF THE STATE IN WHICH THE CONSUMER HAS HIS ORDINARY RESIDENCE.
9) ALTERNATIVE DISPUTE RESOLUTION
9.1 THE EU COMMISSION PROVIDES A PLATFORM FOR ONLINE DISPUTE RESOLUTION ON THE INTERNET AT THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
THIS PLATFORM SERVES AS A CONTACT FOR THE OUT OF COURT RESOLUTION OF DISPUTES ARISING FROM ONLINE PURCHASE OR SERVICE CONTRACTS INVOLVING A CONSUMER
9.2 THE SELLER IS NEITHER OBLIGATED OR WILLING TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEDURE BEFORE A CONSUMER ARBITRATION BODY.