TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
TABLE OF CONTENTS
1.SCOPE
2. CONCLUSION OF CONTRACT
3.RIGHT OF CANCELLATION
4.PRICES AND PAYMENT TERMS
5.DELIVERY AND SHIPPING TERMS
6. RETENTION OF TITLE
7. LIABILITY FOR DEFECTS (WARRANTY)
8. REDEMPTION OF PROMOTION VOUCHERS
9.REDEMPTION OF GIFT VOUCHERS
10.APPLICABLE LAW
11.ALTERNATIVE DISPUTE RESOLUTION
1) SCOPE
1.1 THESE GENERAL TERMS AND CONDITIONS (HEREINAFTER “GTC”) OF FAVELA CLOTHING GMBH, TRADING UNDER “FAVELA CLOTHING” (HEREINAFTER “SELLER”), APPLY TO ALL CONTRACTS FOR THE DELIVERY OF GOODS THAT A CONSUMER OR ENTREPRENEUR (HEREINAFTER “CUSTOMER”) TO THE SELLER WITH RESPECT TO THE GOODS PRESENTED BY THE SELLER IN ITS ONLINE SHOP. THE INCLUSION OF THE CUSTOMER'S OWN TERMS AND CONDITIONS IS HEREBY REVOKED UNLESS OTHERWISE AGREED
1.2 THESE TERMS AND CONDITIONS APPLY ACCORDINGLY TO CONTRACTS FOR THE DELIVERY OF VOUCHERS, UNLESS ANYTHING EXPRESSLY PROVIDES DIFFERENTLY.
1.3 A CONSUMER FOR THE PURPOSE OF THESE TERMS AND CONSUMERS 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. THE CUSTOMER CAN ALSO MAKE THE OFFER TO THE SELLER BY E-MAIL OR USING THE ONLINE CONTACT FORM
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 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 THEIR ORDER IS SUBMITTED. THE SELLER WILL NOT MAKE THE TEXT OF THE CONTRACT ACCESSIBLE BEYOND THIS. IF THE CUSTOMER HAS SET UP A USER ACCOUNT IN THE SELLER'S ONLINE SHOP BEFORE SENDING HIS ORDER, THE ORDER DATA WILL BE ARCHIVED ON THE SELLER'S WEBSITE AND CAN BE ACCESSED FREE OF CHARGE BY THE CUSTOMER VIA THEIR PASSWORD PROTECTED USER ACCOUNT PROVIDING THE CORRESPONDING LOGIN DETAILS.
2.5 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
2.6 THE GERMAN AND ENGLISH LANGUAGE ARE AVAILABLE FOR THE CONCLUSION OF THE CONTRACT.
2.7 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.
CANCELLATION POLICY & CANCELLATION FORM
CONSUMERS HAVE A RIGHT OF CANCELLATION ACCORDING TO THE FOLLOWING PROVISION, WHEREAS A 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
PLEASE SEND THE ITEMS BACK IN A RESELLABLE CONDITION. ALL ITEMS MUST BE RETURNED CLEAN, SEALED AND UNCRUSTED.
YOUR ITEMS MUST BE NEW, WITH PACKAGING INCLUDED. TO BE SENT BACK WITH A COMPLETED DELIVERY NOTE.
WE PLEASE NOTE THAT YOUR PACKAGES MUST BE SENT BACK TO US WITH A TRACKING NUMBER.
FURTHERMORE, WE RESERVE THE RIGHT TO CANCEL ITEMS/ORDERS IF THE PARTS ORDERED ARE NO LONGER IN STOCK.
A. CANCELLATION POLICY
RIGHT OF WITHDRAWAL
YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING ANY REASON.
THE CANCELLATION PERIOD IS FOURTEEN DAYS FROM THE DAY ON WHICH YOU OR A THIRD PARTY NAMED BY YOU WHO IS NOT THE CARRIER TAKE POSSESSION OF THE LAST GOODS. HAS.
TO EXERCISE YOUR RIGHT OF CANCELLATION, YOU MUST NOTIFY US (FAVELA CLOTHING GMBH, CHRISTINENSTRAßE 19A, 40880 RATINGEN, INFO@FAVELACLOTHING.COM) BY A CLEAR STATEMENT (E.G. A LETTER SENT BY THE POST OR E-MAIL) OF YOUR DECISION TO CANCEL THIS CONTRACT EN , INFORM. YOU CAN USE THE ATTACHED SAMPLE CANCELLATION FORM, BUT IT IS NOT REQUIRED
TO KEEP THE WITHDRAWAL PERIOD, IT IS SUFFICIENT THAT YOU SEND THE NOTIFICATION OF EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE EXPIRATION OF THE WITHDRAWAL PERIOD.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT YOUR RETURN/REPLACEMENT OR REFUND: INFO@FAVELACLOTHING.COM
CONSEQUENCES OF CANCELLATION
IF YOU CANCEL THIS CONTRACT, WE WILL REFUND YOUR PAYMENT THAT WE RECEIVED FROM YOU IMMEDIATELY AND AT THE LATEREST WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH WE RECEIVE NOTIFICATION OF YOUR CANCEL OF THIS CONTRACT. FOR THIS REPAYMENT WE WILL USE THE SAME PAYMENT METHOD THAT YOU USED IN THE ORIGINAL TRANSACTION, UNLESS SOMETHING OTHERWISE WAS EXPRESSLY AGREED WITH YOU; IN NO EVENT WILL YOU BE CHARGED ANY FEES FOR THIS REFUND. WE MAY REFUSE A REFUND UNTIL WE HAVE RECEIVED THE GOODS OR UNTIL YOU HAVE PROVIDED PROOF THAT YOU HAVE SENT THE GOODS BACK, WHICHEVER IS EARLIER.
YOU MUST RETURN OR DELIVERY THE GOODS TO US IMMEDIATELY AND IN ANY CASE AT THE LATEREST WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH YOU NOTIFY US OF YOUR CANCELLATION FROM THIS CONTRACT. THE DEADLINE IS MADE IF YOU SEND THE GOODS BEFORE THE FOURTEEN DAYS PERIOD EXPIRES.
YOU ASSUME THE IMMEDIATE COSTS OF RETURNING THE GOODS.
YOU ONLY HAVE TO BE RESPONSIBLE FOR ANY LOSS IN VALUE OF THE GOODS IF THIS LOSS IN VALUE IS DUE TO HANDLING THAT IS NOT NECESSARY TO TESTING THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.
B. RETURN FORM (LOCATED ON THE BACK OF THE INVOICE)
IF YOU WISH TO CANCEL THE CONTRACT, PLEASE FILL OUT THIS FORM AND SEND IT BACK WITH THE GARMENTS.
AT
FAVELA CLOTHING GMBH
CHRISTINENSTRASSE 19A
40880 RATINGEN
GERMANY
I/WE (*) HEREBY CANCEL THE CONTRACT ENTERED INTO BY ME/US (*) FOR THE PURCHASE OF THE FOLLOWING GOODS (*)/ THE PROVISION OF THE FOLLOWING SERVICE (*)
*_________________________________________________________
_______________________________________________________
ORDER NUMBER: ____________ / RECEIVED ON (*) __________________
EXCHANGE TO:________________ REFUND:____________________
________________________________________________________
NAME OF CONSUMER(S)
________________________________________________________
ADDRESS OF CONSUMER(S)
______________________________________________________
SIGNATURE OF THE CONSUMER(S) (ONLY FOR NOTIFICATION ON PAPER)
_________________________
DATE
(*) INACCURATE DELIVERY
4) PRICES AND PAYMENT TERMS
4.1 UNLESS THE SELLER'S PRODUCT DESCRIPTION PROVIDES OTHERWISE, THE PRICES STATED ARE TOTAL PRICES WHICH INCLUDE THE STATUTORY VAT. 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 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.
4.4 IF ADVANCE PAYMENT BY BANK TRANSFER IS AGREED, PAYMENT IS DUE IMMEDIATELY AFTER CONCLUSION OF THE CONTRACT, UNLESS THE PARTIES HAVE AGREED ON A LATER DUE DATE.
4.5 IF YOU PAY BY 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"), UN TER THE APPLICABILITY OF 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 TERMS FOR PAYMENTS WITHOUT A PAYPAL ACCOUNT APPLY , AVAILABLE AT HTTPS://WWW.PAYPAL.COM/DE/WEBAPPS/MPP/UA/PRIVACY-FULL
4.6 IF YOU PAY BY A PAYMENT METHOD OFFERED BY STRIPE, PAYMENT IS PROCESSED THROUGH THE PAYMENT SERVICE PROVIDER STRIPE, 510 TOWNSEND STREET, SAN FRANCISCO, CA 94103, USA (hereinafter: "STRIPE"), UNDER THE STRIPE TERMS OF USE BAR AT HTTPS:// STRIPE.COM/DE/PRIVACY
4.7. WHEN PAYING BY A PAYMENT METHOD OFFERED BY Sofortüberweisung, PAYMENT IS PROCESSED THROUGH THE PAYMENT SERVICE PROVIDER KLARNA BANK AB (PUBL), SVEAVÄGEN 46, 111 34 STOCKHOLM, SWEDEN (hereinafter: "SOFORT"), UNDER THE KLARNA TERMS OF USE , AVAILABLE AT HTTPS:/ /WWW.KLARNA.COM/DE/AGB/
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 TRANSPORT COMPANY SEND THE SHIPPED GOODS BACK TO THE SELLER BECAUSE DELIVERY TO THE CUSTOMER WAS NOT POSSIBLE, THE CUSTOMER SHALL BEAR THE COSTS OF UNSUCCESSFUL SHIPPING. THIS DOES NOT APPLY IF THE CUSTOMER WAS NOT RESPONSIBLE FOR THE CIRCUMSTANCE THAT LEADED TO THE IMPOSSIBILITY OF DELIVERY OR IF HE WAS TEMPORARILY PREVENTED FROM ACCEPTING THE SERVICE OFFERED, UNLESS THE SELLER NOTIFIED THE SERVICE A REASONABLE TIME IN ADVANCE HAD. FURTHERMORE, 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.
5.4 VOUCHERS ARE PROVIDED TO THE CUSTOMER AS FOLLOWS:
- BY EMAIL
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 IF THERE IS DEFECTIVE DELIVERY, WE ASK YOU TO CONTACT OUR CUSTOMER SERVICE/SUPPORT AT INFO@FAVELACLOTHING.COM. WE WILL SEND A RETURN LABEL FOR DEFECTIVE GOODS AND WILL PROTECT IMMEDIATELY UPON RECEIPT OF THE DEFECTIVE GOODS. FOR RETURNS AT YOUR OWN EXPENSE, WE ARE ONLY LIABLE UP TO A POSTAGE VALUE OF €4.90.
7.3 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) REDEMPTION OF PROMOTIONAL VOUCHERS
8.1 VOUCHERS WHICH ARE ISSUED FREE OF CHARGE BY THE SELLER AS PART OF PROMOTIONAL PROMOTIONS WITH A CERTAIN VALIDITY PERIOD AND WHICH CANNOT BE PURCHASED BY THE CUSTOMER (HEREINAFTER NAMED “PROMOTIONAL VOUCHERS”) CAN ONLY BE AVAILABLE IN THE SELLER’S ONLINE SHOP AND ONLY IN THE SPECIFIED PERIOD TO BE REDEEMED.
8.2 INDIVIDUAL PRODUCTS MAY BE EXCLUDED FROM THE VOUCHER PROMOTION IF THERE IS A CORRESPONDING RESTRICTION FROM THE CONTENT OF THE PROMOTION VOUCHER.
8.3 PROMOTION VOUCHERS CAN ONLY BE REDEEMED BEFORE COMPLETING THE ORDER PROCESS. SUBSEQUENT BILLING IS NOT POSSIBLE.
8.4 MULTIPLE PROMOTION VOUCHERS CANNOT BE REDEEMED WITH ONE ORDER.
8.5 THE VALUE OF THE GOODS MUST BE AT LEAST THE AMOUNT OF THE PROMOTION VOUCHER. ANY RESIDUAL CREDIT WILL NOT BE REFUNDED BY THE SELLER.
8.6 IF THE VALUE OF THE PROMOTION VOUCHER IS NOT ENOUGH TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOSEN TO SETTLE THE DIFFERENCE.
8.7 THE CREDIT OF A PROMOTION VOUCHER WILL NOT BE PAID IN CASH OR INTEREST.
8.8 THE PROMOTION VOUCHER WILL NOT BE REFUNDED IF THE CUSTOMER RETURNS THE GOODS PAID FOR IN WHOLE OR IN PART WITH THE PROMOTION VOUCHER WITHIN THE SCOPE OF HIS STATUTORY RIGHT OF CANCELLATION.
8.9 THE PROMOTION VOUCHER IS ONLY INTENDED FOR USE BY THE PERSON NAMED ON IT. TRANSFER OF THE PROMOTION VOUCHER TO THIRD PARTIES IS EXCLUDED. THE SELLER IS AUTHORIZED, BUT NOT OBLIGATED, TO CHECK THE MATERIAL ELIGIBILITY OF THE RESPECTIVE VOUCHER HOLDER.
9) REDEMPTION OF GIFT VOUCHERS
9.1 VOUCHERS THAT CAN BE PURCHASED THROUGH THE SELLER'S ONLINE SHOP (HEREINAFTER NAMED "GIFT VOUCHERS") CAN ONLY BE REDEEMED IN THE SELLER'S ONLINE SHOP, UNLESS THE VOUCHER STATES OTHERWISE.
9.2 GIFT VOUCHERS AND RESIDUAL BALANCE OF GIFT VOUCHERS ARE REDEEMABLE UNTIL THE END OF THE THIRD YEAR FOLLOWING THE YEAR OF THE VOUCHER PURCHASE. RESIDUAL CREDITS WILL BE CREDIT TO THE CUSTOMER BY THE EXPIRY DATE.
9.3 GIFT VOUCHERS CAN ONLY BE REDEEMED BEFORE COMPLETING THE ORDER PROCESS. SUBSEQUENT BILLING IS NOT POSSIBLE.
9.4 MULTIPLE GIFT VOUCHERS CANNOT BE REDEEMED ON ONE ORDER.
9.5 GIFT VOUCHERS CAN ONLY BE USED FOR THE PURCHASE OF GOODS AND NOT FOR THE PURCHASE OF OTHER GIFT VOUCHERS.
9.6 IF THE VALUE OF THE GIFT VOUCHER IS NOT ENOUGH TO COVER THE ORDER, ONE OF THE OTHER PAYMENT METHODS OFFERED BY THE SELLER CAN BE CHOSEN TO SETTLE THE DIFFERENCE.
9.7 THE BALANCE OF A GIFT CERTIFICATE WILL NEITHER BE PAID IN CASH OR INTEREST.
9.8 THE GIFT VOUCHER IS INTENDED ONLY FOR USE BY THE PERSON NAMED ON IT. A TRANSFER OF THE GIFT VOUCHER TO THIRD PARTIES IS EXCLUDED. THE SELLER IS AUTHORIZED, BUT NOT OBLIGATED, TO CHECK THE MATERIAL ELIGIBILITY OF THE RESPECTIVE VOUCHER HOLDER.
10) 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.
11) ALTERNATIVE DISPUTE RESOLUTION
11.1 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
11.2 THE SELLER IS NOT OBLIGED TO PARTICIPATE IN A DISPUTE RESOLUTION PROCEDURE BEFORE A CONSUMER ARBITRATION BODY, BUT IS IN PRINCIPLE WILLING TO DO SO.
11.3 LIABILITY FOR INJURY
IN OUR ONLINE SHOP THERE ARE ACCESSORIES AND LABELS WHICH ARE CLOSED OR SEALED WITH SAFETY CLAMPS. THESE SAFETY PINS ARE POINTED AND WE ARE NOT LIABLE FOR ANY INJURY THAT MAY RESULT FROM OUR ACCESSORIES, CLOTHING OR SAFETY PINS.
GENERAL TERMS AND CONDITIONS
Table of Contents
1. Scope of Application
2. Conclusion of the contract
3. Right to Cancel
4. Prices and Payment Conditions
5.Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
7. Warranty
8. Redemption of campaign vouchers
9. Redemption of gift vouchers
10. Applicable Law
11. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company FAVELA Clothing GmbH (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and /or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These Terms and Conditions regarding contracts for the supply of goods presented by the Seller in its print catalog apply accordingly, unless expressly otherwise agreed.
1.3 Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.4 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.5 A consumer pursuant to these Terms and Conditions is any natural person including a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.6 Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
2) Conclusion of the contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and /or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail or via online contact form.
2.3 In case of ordering goods presented in the Seller's print catalogue, the Client may submit his offer by telephone, fax, e-mail or postal service. For this purpose, the Client may fill in the order form attached to the Seller's print catalog and return it to the Seller.
2.4 The Seller may accept the Client's offer within five days, – by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or – by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or – by requesting the Client to pay after he placed his order. Provided that several of the mentioned alternatives apply, the contract shall be concluded at the time when one of the mentioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
2.5 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (eg e-mail, fax or letter) after the order has been sent. The seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.6 Prior to submitting a binding order via the Seller's online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.7 The German and the English language are exclusively available for the conclusion of the contract.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
INSTRUCTIONS FOR CANCELLATION & CANCELLATION FORM
Consumers, ie any individual acting for purposes which are wholly or mainly outside those individual's trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. INSTRUCTIONS FOR CANCELLATION
RIGHT TO CANCEL
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right to cancel, you must inform us (FAVELA Clothing GmbH, Christinenstraße 19a, 40880, Germany, E-Mail: info@favelaclothing.com) of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION
If you cancel this contract, we will reimburse to you all payments received from you, without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
B. CANCELATION FORM
If you wish to cancel this contract, please complete and submit this form.
FAVELA CLOTHING GMBH
CHRISTINENSTRASSE 19A
40880 RATINGEN
GERMANY
Email: info@favelaclothing.com
I/We (*) hereby give notice that I/We (*) cancel my/our (*) contract of sale of the following goods (*) /for the supply of the following service (*),
_______________________________________________________
_______________________________________________________
Order Number(*) ____________ / received on (*) __________________
Exchange in:________________ or Refund:____________________
________________________________________________________
Name of consumer(s)
________________________________________________________
Address of consumer(s)
________________________________________________________
Signature of consumer(s) (only if this form is notified on paper)
_________________________
Date
(*) Delete as appropriate
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller's product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller's online shop.
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) Sa rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal ”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the client has no PayPal account, the conditions applicable for Payments without PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 When payments are made using a payment method offered by Stripe, handling of payments takes place via the payment service provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA (hereinafter called “Stripe”) subject to the Stripe terms of use which can be viewed at: https://stripe.com/de/privacy
4.6 When payments are made using a payment method offered by Sofortüberweisung, handling of payments takes place via the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter called “Sofort”) subject to the Klarna terms of use which can be viewed at: https://www.klarna.com/de/agb/
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the seller's order processing is decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
5.3 Personal collection is not possible for logistical reasons. 5.4 Vouchers will be provided to the Client as follows: – by e-mail
6) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
7) Warranty
7.1 Should the object of purchase be deficient, statutory provisions shall apply.
7.2 IN THE EVENT OF A FAULTY DELIVERY, WE ASK YOU TO CONTACT OUR CUSTOMER SERVICE / SUPPORT AT INFO@FAVELACLOTHING.COM. IN THE EVENT OF FAULTY GOODS, WE WILL SEND A RETURN LABEL FOR THE RETURN. FOR RETURNS AT OWN EXPENSES WE ARE ONLY LIABLE UP TO A POSTAGE VALUE OF €4.90.
7.3 The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8) Redemption of campaign vouchers
8.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller's online shop and only within the indicated time period.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 In case of an order, several campaign vouchers can't be redeemed.
8.5 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
8.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay
the difference.
8.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
8.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased via the Seller's online shop (hereinafter referred to as “gift vouchers”) can only be redeemed in the Seller's online shop, unless otherwise stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Client's voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
9.5 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.6 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
10) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
11) Alternative dispute resolution
11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
11.2 The Seller is not obliged to use ADR entities to resolve disputes with consumers, but he is in principle ready for this.