Casual Fashion Online Shop - General Terms and Conditions
The following terms and conditions are presented in German and can be downloaded. Optionally, these can be requested in digital or written form from www.casual-fashion.com or from the email address email@example.com. They are also being sent with every order.
The following terms and conditions apply exclusively to contracts between private customers and Simplicity trade GmbH, Heinrich-Hertz-Straße 2, 59302 Oelde, Germany, represented by its managing director Stefan Leewe, through the Casual Fashion Online Shop (hereinafter referred to as "Casual Fashion Online Shop").
The customer has the option to select and order products through communication methods customarily used in the market via the website www.casual-fashion.com. The customer will be provided with a separate description of each product on said website. The customer can select the product listing the website to learn more about the product. The customer then has the option to select products and place them into a virtual shopping basket.
The Casual Fashion Online Shop internet catalogue only represents a prospectus; by presenting products on the websites, Casual Fashion Online Shop invites customers to submit orders. If the customer has made a product selection, to complete the purchase the customer will receive a summary of the products with the total price including VAT. Before submitting the order Casual Fashion Online Shop allows customers to check the order for accuracy, especially as to price and quantity, and to make corrections if necessary. The customer submits his order by clicking the "Buy Now" button. Casual Fashion Online Shop will immediately confirm the receipt of the order by email. Casual Fashion Online Shop reserves the right to reject the conclusion of the contract; this decision is at Casual Fashion Online Shop's discretion. In such a case Casual Fashion Online Shop will inform the customer immediately. The customer must also have a delivery address within the Federal Republic of Germany, the Netherlands, or Austria. The customer is bound to his order no longer than 5 days after receipt of the order. The Casual Fashion Online Shop accepts the customer's order by sending the shipping confirmation email.
A binding contract comes into effect when the casual fashion online shop accepts the customer’s order. This acceptance by the casual fashion online shop can take place in the following circumstances:
Once the contract is created, the customer may also read and download the terms and conditions thereof. The text of the contract will be stored by the Casual Fashion Online Shop. A copy of said text can be obtained by the customer by sending a request to firstname.lastname@example.org.
The Casual Fashion Online Shop does not sell products to minors, including items specifically designed for the use of minors. The Casual Fashion Online Shop only sells to adults.
The minimum order value when redeeming a voucher is 40,00 EUR.
Prices are given in EUROS and include the legally valid value added tax. The value added tax rate and portion will be shown on the invoice.
The Casual Fashion Online Shop will deliver to the order address specified by the customer. Delivery can only take place within the Federal Republic of Germany, the Netherlands, or Austria. Delivery to post office boxes is excluded. Delivery will proceed via DHL. The delivery time will be between 1-3 business days within Germany and Austria, and in the Netherlands between 3-5 business days after conclusion of the contract. If the customer determines that the goods have been damaged during transport, Casual Fashion Online Shop would ask to be informed immediately, if possible. Casual Fashion Online Shop hereby informs you that informing us is not a prerequisite for exercising the statutory right of withdrawal or assertion of claims for defects.
The customer can pay the purchase price by credit card (Visa, MasterCard, American Express) or Paypal. A customer resident in Germany with sufficient creditworthiness can pay the purchase price by invoice. The customer can also pay by cash on delivery. The delivery company will generally collect a fee of € 2.00 for the payment service. This amount is in addition to the invoice amount to be paid directly to the delivery person. For customers from Austria and Germany, we also offer the possibility to pay by bank transfer or SEPA Direct Debit. The period of receiving the notification of the SEPA direct debit will be shortened to one day. The customer's account will be charged after the due date of the invoice. Customers from the Netherlands can also pay by iDEAL.
If a coupon is redeemed when placing an order, only a single coupon would be accepted for each order. Only one voucher may be redeemed per order. Principally, cash payment of e-Shop coupons is likewise ruled out. The Casual Fashion Online Shop checks and assesses details concerning the customer’s use of any data given by credit agencies at the same time and it may reject a certain mode of payment if there is a legitimate reason for it. For credit checks and solvency control, data exchange takes place in particular with:
Infoscore Consumer Data GmbH
The Casual Fashion Online Shop has engaged a reliable payment service provider, Novalnet AG, to handle payment processing (direct debit in Germany and Austria, instant transfer, PayPal, credit cards). For this purpose, Novalnet AG requires specific, including personal, information from you. This includes your name and address, account number and bank or credit card number (including validity period), invoice amount and currency and the transaction number. Novalnet AG may use this information for the purpose of processing your payment and then disclose it to Casual Fashion Online Shop. It is obliged to treat the information in accordance with German data protection laws.
If the customer does not accept the goods at the agreed place of delivery, or does not collect the goods within an appropriate period from a DHL packstation, the Casual Fashion Online Shop is then entitled to withdraw from the contract upon fruitless lapse of a grace period of 14 days. In this case, the Casual Fashion Online Shop is entitled to claim 12 per cent of the gross purchase price as flat damages in lieu of performance, unless the customer proves that significantly less or no damage has occurred. The Casual Fashion Online Shop reserves the right to allege damage caused on a larger scale.
The article delivered remains property of the Casual Fashion Online Shop until the complete payment has been made.
Casual Fashion Online Shop haftet für Mängel der Ware nach den gesetzlichen Bestimmungen, insbesondere den §§ 434 ff. BGB und den zwingenden Regeln des Verbrauchsgüterkaufs. Eine Garantie steht dem Kunden nur zu, wenn Casual Fashion Online Shop diese gesondert abgegeben hat. Der Kunde nutzt für die Rücksendung soweit möglich die Originalverpackung und den darin enthaltenen Retourenschein. Casual Fashion Online Shop weist ausdrücklich darauf hin, dass die Geltendmachung von Mängelansprüchen und/oder Schadensersatzansprüchen sowie die Ausübung des Widerrufsrechts hiervon nicht abhängig ist. Die EU-Kommission wird im ersten Quartal 2016 eine Internetplattform zur Online-Beilegung von Streitigkeiten (sog. „OS-Plattform“) bereitstellen. Die OS-Plattform soll als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten betreffend vertragliche Verpflichtungen, die aus Online-Kaufverträgen erwachsen, dienen. Die OS-Plattform wird unter folgendem Link erreichbar sein: http://ec.europa.eu/consumers/odr
The website is property of the Casual Fashion Online Shop and is operated by it. All content on the website inclusive of the texts, graphs, photos, still images, moving images, sounds, illustrations and software (hereinafter "CONTENT") is property of the Casual Fashion Online Shop and/or its subsidiary companies, licence holders and/or content providers. All elements of the website including the general design and content are protected by the copyright law and other laws. Unless otherwise stated on the website, any copying, adaptation, translation, storage or processing of the content, in particular the dissemination of any image and/or text material on third party platforms, e.g. eBay, is expressly prohibited. All brand labels, service marks, and brand names used herein are - unless otherwise specified - brand labels or registered trademarks of the Casual Fashion Online Shop.Without previous written approval of the Casual Fashion Online Shop, the customer is not authorised to use the brand name in any similar way or to copy, reproduce, republish, upload, send, transfer, distribute or change it.
The Casual Fashion Online Shop will respect all the data protection guidelines, especially the regulations of the protection of telecommunication data. For more information about our data protection policy, view the section "Casual Fashion Online Shop, data protection policy".
The law of the Federal Republic of Germany shall apply exclusively with the exception of the UN Sales Convention (CISG).
The contract language is German.
If one or more of the clauses constituting these conditions is or becomes ineffective, the remaining clauses remain effective. The Casual Fashion Online Shop and the customer will replace the ineffective condition with another that is economically most appropriate for the contract parties.
Version number of the General Terms and Conditions: 2015.001, Dated: 31.08.2015