Terms of Service
Terms of contract within the scope of sales contracts between gorge&us Fashion GmbH & Co. KG Elisabethenstrasse 39 61348 Bad Homburg 06172/177892 firstname.lastname@example.org – hereinafter referred to as “provider” – and those in § 2 of this Terms and conditions designated users of this platform – hereinafter “customer / customer” – are agreed.
§ 1 SCOPE OF APPLICATION
For the business relationship between the provider and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 CONCLUSION OF CONTRACT
(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “Add to shopping cart” button. With the “Buy now” button, he submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. (2) The provider then sends the customer an automatic confirmation of receipt with the subject “Your order from gorge&us Fashion GmbH & Co. KG” by email, in which the customer’s order is listed again and the customer can use the function ” Print “can print out. The automatic confirmation of receipt only documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider specifies the declaration of acceptance, which is sent in a separate e-mail (order confirmation) with the subject “Confirmation of your order from gorge&us Fashion GmbH & Co. KG” is sent. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is saved in compliance with data protection. (3) The contract is concluded in the languages: German
§ 3 DELIVERY, AVAILABILITY OF GOODS, PAYMENT METHODS
§ 4 RETENTION OF TITLE
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated on the website of the provider include the applicable statutory sales tax. (2) For delivery to countries outside the European Union, additional costs may arise in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds 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 corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of any right of withdrawal. (4) If the transport company sends the goods back to the provider because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer 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 provider announced the service a reasonable time in advance would have. Furthermore, this does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises his right of withdrawal, the provisions made in the provider’s cancellation policy apply.
§ 6 DEFECTS GUARANTEE
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. For entrepreneurs, the warranty period for goods supplied by the provider is 12 months
§ 7 LIABILITY
(1) Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. (2) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health. (3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them. (4) The provisions of the Product Liability Act remain unaffected.
§ 8 NOTES ON DATA PROCESSING
(1) The provider collects customer data as part of the processing of contracts. He particularly observes the regulations of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider will only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia. (2) Without the customer’s consent, the provider will not use the customer’s data for purposes of advertising, market research or opinion polls.
§ 9 FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law and international private law. (2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office. (3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. If this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole becomes ineffective.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.