§ 1. Scope of application, contractual language
(1) The General Terms and Conditions (GTC) are applicable to the contracts con-cluded between you and us, Premley Fashion GmbH (St.-Ottilien-Weg 11, 85630 Grasbrunn, HRB 233966, VAT DE815713296) represented by Kevin Taubenberger regarding this online shop.
(2) The language used to conclude this contract is exclusively German. Translations of these terms and conditions into other languages are solely for your information. The German text has priority over any differences between the language versions.
§ 2. Applicable law, mandatory consumer protection provisions
(1) The laws of the Federal Republic of Germany shall apply under exception of the UN Convention on Contracts for the International Sale of Goods, if
a. your habitual residence is in Germany, or
b. your habitual residence is in a country that is not a member of the European Union.
(2) If your habitual residence is in a member country of the European Union, then German law also applies, whereby mandatory provisions of the country in which you have your habitual residence remain unaffected.
§ 3. Conclusion of contract
(1) The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Order with an obligation to pay” button in the last step of the or-dering process, you are submitting a binding offer to purchase or reserve the goods and/or services displayed in the order summary. Immediately after submit-ting the order, you will receive an order confirmation that, however, does not rep-resent acceptance of your contractual offer. A contract between you and us comes into effect as soon as we accept your order and/or booking in a separate email or we ship the goods. Please check your spam folder regularly.
(3) You can select goods for purchase and/or services to book in our online shop by clicking on the corresponding button to place them in a shopping cart. If you want to complete the order, you may go to the shopping cart, where you will be led through the rest of the ordering process. After selecting articles for the shopping cart and giving all necessary order and address information in the subsequent step, click on the “Continue” button to access a page where the essential product information, including costs, is summarized again. Up to this point, you can correct your en-tries or stop the contract conclusion process. A binding offer in terms of paragraph 2 is submitted only when clicking on the “Order with an obligation to pay” button.
§ 4. Ordering process, corrections
(1) During the ordering process, first place the desired goods in your preferred size/color/color combination into the shopping cart. There, you can change the desired quantity or remove selected products at any time.
(2) If you have stored goods or services there, you can click on the “Continue” button to access a page where you can enter your data and subsequently select the shipping and payment methods.
(3) If you would like to completely stop the ordering process, you can simply close your browser window. Otherwise, after clicking on the confirmation button “Order with an obligation to pay,” your declaration is binding in accordance with § 3 para. 2 of these GTC.
§ 5. Storage of the contractual text
The contractual provisions with information on the ordered goods, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contractual offer or with the notice thereof. We do not store the contractual provisions.
§ 6. Collection, storage, and processing of your personal data
(1) You can order goods or services in our online shop as a guest or registered user. As a registered user, you do not need to enter your personal data every time; instead, before or during an order, you can log in to your account simply by using your email address and the password you selected during registration.
(2) In order to execute and process an order, we require the following information from you:
• First and last name
• Email address
• Mailing address
(3) If you would like to set up a customer account, you will need to enter the data noted in para. 2 as well as a password of your choosing.
(4) We use the data that you have provided without your explicit consent exclusively to execute and process your order(s), e.g. for delivery of goods to the address you provided. In the case of payment by bank transfer, we use your bank details for payment processing. Any further use of your personal data for the purposes of marketing, market research, or needs-based design of our offerings requires your express approval. You have the option to give this consent before declaring your order. This declaration of consent occurs completely voluntarily and can be re-trieved on our website and revoked by you at any time.
(5) The data you provided remains stored in your customer account until you delete it yourself. Furthermore, or if you order or book as a guest without setting up an ac-count, we will store your data only as part of our company and tax law obligations.
(6) If your personal information changes, you are responsible for any corrections. All changes can be made online after logging in by clicking on “My Account.”
(7) Supplemental to this are the data protection provisions for shops and websites under www.tonisailer.com.
§ 7. Payment conditions
The purchase price is due with the order. The payment of the goods occurs with a credit card (we use “SSL” transmission technology to encrypt your personal data), using a bank transfer or PayPal.
7.1 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
7.2 If the "SOFORT" payment method is selected, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimise themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then immediately executed by "SOFORT" and the customer's bank account is debited. The customer can find more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
§ 8. Retention of title, delivery conditions
(1) The goods remain our property until full payment has been made. If you default on payment for longer than 10 days, we have the right to withdraw from the con-tract and to reclaim the goods.
(2) We will deliver the goods in accordance with the agreements reached with you. Handling costs are listed in the product description and will be disclosed sepa-rately on the invoice.
§ 9. Right to cancellation
As a consumer, you have a right to cancellation according to the instructions found in the attachment. The consumer is any natural person who concludes a transaction for purposes that can be primarily attributed neither to his/her commercial activity nor in-dependent professional activity.
§ 10. Warranty for purchasing goods
(1) Provided that the goods bought in our online shop and delivered to you are defi-cient, legal provisions entitle you to demand rectification, to withdraw from the contract, or to lower the purchase price.
(2) The statute of limitations of warranty claims for delivered goods is two years from the receipt of the goods. Claims due to deficiencies that we have fraudulently concealed lapse within the regular statute of limitations.
(3) You also have rights due to defects in accordance with a quality guarantee and/or durability guarantee, if we have expressly given one with regard to the sold object on a case by case basis.
§ 11. Liability principles
(1) We are liable for intent and gross negligence. Furthermore, we are also liable for the negligent breach of obligations, which fulfilment enables the proper execution of the contract and where the breach of such obligation jeopardizes the achievement of the purpose of the contract and on which you as a customer can regularly rely. In the latter case, however, we are only liable for foreseeable, contract-typical damages. We are not liable for the slightly negligent breach of obligations other than those stated in the above sentences.
(2) The foregoing disclaimers do not apply in cases of injury to life, limb, or safety. Liability in accordance with the product liability law remains unaffected.
(3) We cannot be held liable for the constant and uninterrupted availability of our online trading system. In order to use our shop, you must have functioning internet access and an up to date browser.
§ 12. Final clauses
(1) The terms and conditions laid down here are complete and final. Amendments and supplements to these terms and conditions should be made in text form in order to avoid ambiguities or disputes between the parties about the agreed upon contract terms.
(2) Insofar as you had your domicile or place of habitual residence in Germany when the contract was concluded and either relocated away from Germany at the time of the lawsuit by us or your domicile or place of habitual residence is unknown at this point, the court of jurisdiction for all disputes is the registered office of our company in Munich, Germany.
(3) Please note that, in addition to the common recourse to the courts, you also have the option to an out of court dispute settlement in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at: https://ec.europa.eu/consumers/odr
(4) Our email address is firstname.lastname@example.org In accordance with § 36 VSBG (Con-sumer Dispute Resolution Act), please note that we are not obligated to participate in an out of court dispute settlement before a consumer arbitration board.
(5) Should individual provisions of this contract become ineffective, the rest of the contract remains valid.
Consumer information and cancellation policy
Insofar as you order goods while visiting our online shop, we would like to point out the following:
(1) The language for concluding the contract is exclusively German. Translations into other languages serve solely as information. In the case of contradictions, the German text has priority.
(2) You can learn about the essential features of the goods and services offered by us as well as the validity of limited offers from the individual product descriptions of our internet offerings.
(3) The presentation of our goods does not constitute a binding offer on our part. Only your product order serves as a binding offer in accordance with § 145 BGB. In the case of acceptance of this offer, we will send you an order confirmation per email or ship the goods. This is how a purchase agreement comes into effect between you and us.
(4) You can identify any input errors during the order process in the final confirmation before checkout and correct them using the delete and revise function before placing the order.
(5) Should the goods in your order not be available, we reserve the right not to render service and will immediately inform you of this before the contract has been concluded.
(6) The prices listed by us should be viewed as final prices, including taxes. The shipping costs will be shown alongside the respective products as well as sepa-rately in the order summary.
(7) The purchase price is due with the order. The payment for goods occurs accord-ing to your selection, per credit card (we use “SSL” transmission technology to encrypt your personal data), using a bank transfer or by visiting one of our pay-ment service providers.
(8) Please note that, in addition to ordinary legal channels, you also have the option to an out of court dispute settlement in accordance with Regulation (EU) No. 524/2013. You can find details in Regulation (EU) No. 524/2013 and at: https://ec.europa.eu/consumers/odr
(9) Our email address is: email@example.com. In accordance with § 36 VSBG, please note that we are not obligated to participate in an out of court dispute settlement before a consumer arbitration board.
(10) The data necessary for the performance of the contract between you and us will be stored by us and accessible to you at any time. In this respect, we refer to the regulations of data protection in our GTC.
(11) Otherwise, we refer to our General Terms and Conditions.
(12) As the consumer you have a right to cancellation in accordance with the follow-ing policy:
RIGHT TO CANCELLATION
You have the right to withdraw from this contract within fourteen days without giv-ing reasons.
The deadline to withdraw is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods.
In order to exercise the right to cancellation, you must inform usPremley Fashion GmbH (HRB 233966. local court Munich) St.-Ottilien-Weg 11 85630 Grasbrunn
represented by the managing director Kevin Taubenberger with a clear statement (e.g. a letter sent through the mail, fax, or email) about your decision to cancel this contract. You can use the attached sample cancellation form, though this is not mandatory.
Sending a notice about the execution of the right to cancellation before the can-cellation period ends is sufficient to comply with the cancellation deadline.
You must return or send back the goods immediately and no later than 14 days from the day on which you notify us of the cancellation of this contract; please send to us or to
c/o Toni Sailer Returns
83139 Söchtenau / Germany
The deadline is met when you send the goods before the end of the 14-day period.
You are responsible for covering the direct return costs of the goods. If you decide to return the goods to us, please use the original packaging, so long as this is possible.
Please make sure that the goods being returned are properly wrapped and protected from becoming dirty. All items that are to be returned must be unused and still have all of their tags attached.
Please make sure to send the package with POSTAGE PAID. We will not accept returns for which the postage has not been paid. Please always include the return slip inside the package; do not attach it to the outside of the package.
CONSEQUENCES OF CANCELLATION
If you withdraw from this contract, we must refund all payments received from you, including delivery costs (excepting the additional costs that arise if you chose a different type of delivery than the most inexpensive standard delivery option we offer), immediately and no later than fourteen days from the day on which we received communication of your cancellation of this contract.
We will use the same payment method for this refund that you used in the original transaction unless we have expressly agreed to a different method with you; you will not be charged any fees because of this refund. We may refuse to issue the refund until we have received the goods or until you have proven that you have returned the goods, whichever the earlier date is.
You must pay for any depreciation of the goods if this loss of value cannot be traced back to handling which is necessary and appropriate for testing the quality, characteristics, and function of the goods. This includes not only use (outside of a necessary fitting) but also the removal of any tags and similar labels attached to the product. In this case we are entitled to calculate the appropriate costs of the burden associated with depreciation.
Sample withdrawal form
(in accordance with Enclosure 2 to Article 246a § 1 para. 2 S. 1 No. 1 and § 2 para. 2 No. 2 EGBGB (Introductory Law to the German Civil Code))
If you wish to cancel the contract, please fill out this form and return it to us:
Premley Fashion GmbH
St. Ottilien Weg 11
Fax: +49 8106 9986226
I/we hereby cancel (*) the contract I/we (*) concluded regarding the pur-chase of the following goods (detailed description so that it is clear which goods are involved in the cancellation), the performance of the following services (detailed de-scription so that it is clear which goods are involved in the cancellation) (*)
• ordered on: (*). . . . ./received on (*) . . . . .;
• Name of the consumer(s);
• Mailing address of the consumer(s);
• Signature of the consumer(s);
• (only if transacted on paper);
(*) Delete where necessary
Returns - Exchanges (in addition to the legal right to withdrawal)
If you would like to exchange an item, we ask that you please order it again using our standard ordering procedure. Your returned goods will be reimbursed accordingly. However, you will have to bear the costs. Please make sure to send the package with POSTAGE PAID. We will not accept returns for which the postage has not been paid. Please always include the return slip inside the package; do not attach it to the outside of the package.
After receiving your returned goods, the amount will be reimbursed within 7 business days.
The following address is for returns:
Has the 14 day return period already elapsed?
If you have exceeded the 14 day legal right of withdrawal, we generally will no longer accept your return delivery and will send the goods back to you. In this case, you will also be responsible for paying the postal charges.
Should we, at our sole discretion, decide to accept your belated withdrawal, we will charge a processing fee of up to 20% of the value of the goods.