General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Revocation
- Prices and payment
- Delivery and shipping
- Retention of title
- Liability for defects (guarantee)
- Liability
- Special conditions for the processing of goods according to specific customer requirements
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “Terms”) of Karlowsky
Fashion GmbH (hereinafter referred to as “Seller”), apply to all contracts for the delivery of
goods that a consumer or entrepreneur (hereinafter “customer”) with the
seller with regard to the goods displayed by the seller in his online shop
. The inclusion of the customer's own conditions
contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, provided that
insofar as not otherwise regulated.
1.3 Consumers within the meaning of these GTC are any natural persons who conclude a legal
for purposes that can be attributed primarily neither to their commercial nor to their
self-employed professional activity.
1.4 Entrepreneur For the purposes of these GTC, an entrepreneur is a natural or legal person or
a legally responsible partnership that, when concluding a legal transaction, acts
in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop
do not constitute binding offers on the part of the seller, but serve to
a binding offer by the customer.
2.2 The customer can place an order via the online order form integrated into the seller's online shop.
online order form. After the customer has placed the selected
goods in the virtual shopping cart and gone through the electronic ordering process
has gone through, by clicking the button that concludes the ordering process, a
legally binding offer of a contract with regard to the goods contained in the shopping cart
goods.
2.3 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 e-mail), in which case the
receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods
at the customer, or
- by requesting payment from the customer after the order has been placed.
If several of the above alternatives are present, the contract is concluded at the
time at which one of the aforementioned alternatives occurs first. The period
for acceptance of the offer begins on the day after the offer is sent by
the customer 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
aforementioned period, this shall be deemed a rejection of the offer, with the consequence that
the customer is no longer bound by his declaration of intent.
2.4 If the customer selects a payment method offered by PayPal,
payment processing 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”), under
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 – the conditions for payments
without a PayPal account apply, which can be viewed at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by
one of the payment methods offered by PayPal that can be selected during the online ordering process,
the seller declares acceptance of the customer's offer at the
the moment the customer clicks the button that concludes the order process.
2.5 When an offer is made via the seller's online order form,
the contract text is stored by the seller after the conclusion of the contract and sent to the customer
after sending of the order in text form (e.g. e-mail, fax or letter)
will be sent. The seller will not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before sending his order
user account in the seller's online store, the order data
will be archived on the seller's website and can be accessed by the customer via his
password-protected user account by entering the relevant login data
free of charge .
2.6 Before bindingly placing an order via the Seller's online order form,
seller, the customer can recognize 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. His
entries can be made by the customer during the electronic ordering process using
the usual keyboard and mouse functions until he clicks the button,
which concludes the order process.
2.7 Various languages are available for concluding the contract. The
specific language selection is displayed in the online shop.
2.8 The order processing and contact usually take place by e-mail and
automated order processing. The customer must ensure that the e-mail address provided by him
for order processing is correct, so that this
address the sender can receive e-mails.
In particular, the customer must ensure when using SPAM filters that all
emails sent by the seller or by third parties commissioned by the seller to process the order
sent emails can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's
of the seller.
4) Prices and payment terms
4.1 Unless otherwise specified in the seller's product description,
the prices quoted are total prices that include the statutory
sales tax. Any additional delivery and
shipping costs are indicated separately in the respective product description.
4.2 The payment option(s) will be made available to the customer in the online shop of
Seller .
4.3 When selecting a payment method offered by the “PayPal” payment service
the payment is processed by PayPal, whereby PayPal may also use the services of
third-party payment service providers. If the seller also offers
payment methods through which he provides advance performance to the customer (e.g.
purchase on account or payment by installments), he assigns his claim for payment to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer.
payment service provider. Before accepting the seller's declaration of assignment,
PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the
transmitted customer data. The seller reserves the right to
refuse the customer the selected payment method in the event of a negative
to refuse the selected payment method to the customer. If the selected payment method is approved, the customer shall pay
the invoice amount within the agreed payment period or in the agreed
payment intervals. In this case, he can only pay to PayPal or the
PayPal commissioned payment service provider with debt-discharging effect. However, the
seller remains responsible for general
customer queries e.g. regarding the goods, delivery time, shipment, returns, complaints,
withdrawals and returns or credit notes.
4.4 When selecting a payment method offered via the “mollie” payment service
the payment is processed by the payment service provider Mollie B.V.,
Keizersgracht 313, 1016 EE Amsterdam, the Netherlands (hereinafter: “mollie”). The
individual payment methods offered by mollie are communicated to the customer in the seller's online shop
. To process payments, mollie can use other
payment services for which special payment conditions may apply, which
the customer may be notified of separately. Further information about “mollie” is available on the
Internet at https://www.mollie.com/de/.
5) Delivery and shipping terms
5.1 If the seller offers to ship the goods, delivery shall be made within
the seller's specified delivery area to the customer's specified
delivery address, unless otherwise agreed. When processing the transaction,
the delivery address specified in the seller's order processing is decisive.
Notwithstanding this, if the payment method PayPal is selected, the customer's
at the time of payment at PayPal.
5.2 If delivery of the goods fails for reasons for which the customer is responsible,
the customer shall bear the reasonable costs incurred by the seller as a result. This
does not apply with regard to the costs of the return shipment if the customer
effectively exercises his right of withdrawal. If the customer effectively exercises
of the right of withdrawal by the customer, the provisions set out in the seller's
cancellation policy
5.3 If the customer is acting in a commercial capacity, the risk of accidental loss and
the accidental deterioration of the sold goods to the customer as soon as the
seller has delivered the goods to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the
dispatch. If the customer is acting as
a consumer, the risk of accidental loss and accidental
deterioration of the sold goods only passes to the customer when the goods are handed over to
the customer or a person authorized to receive them. Notwithstanding the above, the
risk of accidental loss and accidental deterioration of the sold
goods sold, even for consumers, as soon as the seller has handed over the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment
has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the customer has commissioned the carrier,
freight forwarder or other person or
institution with the execution and the seller to the customer this person or
institution previously not named.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or
proper self-delivery. This applies only to the
case that the non-delivery is not the fault of the seller and the seller has taken
due diligence has concluded a specific covering transaction with the supplier.
The seller will make every reasonable effort to procure the goods.
procure the goods. In the event of non-availability or only partial availability of the
goods, the customer will be informed immediately and the consideration will be refunded immediately.
refunded.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by download
- by e-mail
- by post
6) Retention of title
If the seller provides advance performance, he retains title to the goods supplied until the purchase price owed has been paid in full.
owed purchase price.
7) Liability for defects (guarantee)
Unless the following provisions state otherwise, the
provisions of statutory liability for defects shall apply. In deviation from this, the following shall apply to contracts for the
delivery of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- the statute of limitations for defects in new goods is one year from delivery of the goods;
- the rights and claims for defects are excluded for used goods;
- the statute of limitations does not begin again if a replacement delivery is made within the scope of the liability for defects .
7.2 If the customer is acting as a consumer, the following shall apply to contracts for the delivery of used
goods with the restriction of the following clause: The limitation period for
claims for defects is one year from delivery of the goods, if this has been expressly and separately contractually agreed between the parties and the customer before the
submitting his contract declaration of the reduction of the limitation period specifically in
knowledge was set.
7.3 The above limitations of liability and shortening of deadlines shall not
not
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.
7.4 In addition, the statutory limitation periods for
any existing statutory right of recourse shall remain unaffected.
7.5 If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial
obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to fulfill the
notification obligations, the goods shall be deemed approved.
7.6 If the customer is acting as a consumer, he is requested to report any goods delivered with
obvious transport damage to the deliverer and to inform the seller
of this. If the customer fails to do so, this shall have no
effect on his statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and
legal, including tortious claims for damages and reimbursement of expenses as
follows:
8.1 The seller is liable without limitation for any legal reason
- in the event of willful misconduct or gross negligence,
- willful or negligent injury to life, limb or health,
- guaranteed promises, unless otherwise regulated,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to
the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with
the preceding clause, liability is unlimited. Significant contractual obligations are
obligations that the contract imposes on the seller in order to achieve the
contractual purpose, the fulfillment of which enables the proper execution of the
contract in the first place and on whose compliance the customer regularly may trust.
8.3 In all other respects, the seller shall not be held liable.
8.4 The above liability provisions shall also apply with regard to the
seller for his agents and legal representatives.
9) Special conditions for the processing of goods according to
specifications of the customer
9.1 If the seller, according to the content of the contract, is obliged to deliver the goods
also processing of the goods according to certain specifications of the customer, the customer
has to provide the seller with all content required for processing, such as texts, images or
graphics in the file formats, formatting, image and
file sizes specified by the seller and to grant him the necessary rights of use
to grant. The customer alone is responsible for the procurement and acquisition of rights to this content.
The customer is responsible for this. The customer declares and assumes responsibility for
that he is entitled to use the content provided to the seller. He shall
in particular ensure that no third-party rights are violated as a result,
in particular copyright, trademark and personal rights.
9.2 The customer shall indemnify the seller against any third-party claims that the latter may
assert in connection with an infringement of their rights due to the contractual use of
of the customer by the seller.
The customer shall also bear the necessary costs of legal defense
including all court and legal fees at the statutory rate. This does not apply if
the customer is not responsible for the infringement. The customer is
obligated to the seller in the event of a claim by a third party without delay,
truthfully and completely provide all information necessary for
examination of the claims and a defense are required.
9.3 The seller reserves the right to refuse processing orders if the content provided by the
customer violate legal or official prohibitions or
offend against good morals. This applies in particular to the provision of
constitutionally hostile, racist, xenophobic, discriminatory,
offensive, harmful to young people and/or glorifying violence.
10) Redemption of promotional vouchers
10.1 Vouchers issued free of charge by the seller as part of
certain period of validity and which cannot be purchased by the customer
(hereinafter “promotional vouchers”), can only
in the seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion, provided
that a corresponding restriction arises from the content of the promotional voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Only one promotional voucher can be redeemed per order.
10.5 When redeeming a promotional voucher, the minimum order value stated on the respective promotional voucher applies. Any remaining credit will not be refunded by the seller .
10.6 If the value of the promotional voucher is insufficient to cover the order,
to settle the difference, one of the other payment methods offered by the seller
can be chosen.
10.7 The credit balance of a promotional voucher will not be paid out in cash nor
interest.
10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in
promotional voucher for goods paid for in full or in part within the scope of his statutory
right of withdrawal .
10.9 The promotional voucher is transferable. The seller can, with discharging effect,
to the respective owner who redeems the promotional voucher in the seller's online shop
redeems the promotional voucher in the seller's online shop,
unless the seller is aware, or is grossly negligent
in not being aware, of the ineligibility, legal incapacity or lack of
authorization to represent the respective owner.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop
can (hereinafter “gift certificates”), can only be redeemed in the online store of
the seller, unless otherwise stated in the voucher.
11.2 Gift vouchers and remaining credit from gift vouchers are
the end of the third year after the year of purchase. Gift certificates and any remaining credit expire at the end of the third year after the year of purchase.
11.3 Gift certificates can only be redeemed before the order process is completed.
be. A subsequent settlement is not possible.
11.4 Only one gift voucher can be redeemed per order.
11.5 Gift Certificates can only be used to purchase goods and not to purchase
additional Gift Certificates.
11.6 If the value of the gift voucher is insufficient to cover the order,
can be used to settle the difference one of the remaining seller
offered payment methods.
11.7 The balance of a gift voucher will not be paid out in cash nor will
interest.
11.8 The gift voucher is transferable. The seller can discharge
the obligation to the holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller is aware or grossly
negligent ignorance of the non-authorization, legal incapacity or the
missing authorization to represent the respective owner.
12) Governing law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of
Germany, excluding the laws on the international purchase of movable
goods. For consumers, this choice of law applies only insofar as it does not conflict with the
protection afforded by the mandatory provisions of the law of the country in which the consumer
has his habitual residence.
13) Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a
public special fund under public law with a registered office in the territory of the Federal Republic of
Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall
the registered office of the seller. If the customer is based outside the
territory of the Federal Republic of Germany, the registered office of the seller
exclusive place of jurisdiction for all disputes arising from this contract, if the
contract or claims from the contract of the professional or commercial activity
of the customer. However, in the above cases, the seller is
in any case entitled to call upon the court at the customer's place of business.
14) Alternative dispute resolution
14.1 The European Commission provides a platform for
online dispute resolution
:
https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes
from online purchase or service contracts in which a consumer is involved .
14.2 The seller is to participate in a dispute settlement procedure before
a consumer arbitration board neither obliged nor willing.