Terms of service within the scope of purchase contracts concluded via the platform between Sunday Evening Enterprise, Marktstrasse 1, 20357 Hamburg, Germany, VAT identification no.: DE 290398923 and the customers designated in § 2 of the contract - hereinafter referred to as "Customer".
§ 1 Scope, Definitions
(1) For the business relationship between the webshop provider (hereinafter "Provider") and the customer (hereinafter "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) The Customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select products, especially clothing and accessories, from the provider's assortment and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking the button "order with obligation to pay" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "Accept GTC" and thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is not concluded until the provider issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Delivery, availability of goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, prior payment of the purchase price provided .If no or no different delivery time is specified for the respective goods in our online store, will be shipped within 5 business days.
(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation.
(4) The following delivery restrictions apply: The provider delivers only to customers who have their usual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany,European countries
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
§ 5 Prices and shipping costs
(1) All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
(3) The goods are shipped by mail. The shipping risk shall be borne by the Provider if the Customer is a consumer.
(4) The customer has to bear the direct costs of the return shipment in case of a revocation.
§ 6 Payment modalities
A. The customer can make the payment by Paypal, credit card or by prepayment.
B. (2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The Customer's obligation to pay default interest does not preclude the Provider from claiming further damages for default.
§ 7 Warranty for material defects, guarantee
(1) The Provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs the warranty period for goods delivered by the supplier is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising 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, its legal representatives or agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The regulations of the product liability law remain unaffected.
§ 9 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider informs about below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must inform us by email to: email@example.com by means of a clear statement of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs if we have not yet shipped and excluding delivery costs if shipment has already been made, without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged further fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
(2) The provider informs about the model withdrawal form according to the legal regulation as follows:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To [here is the name, address and, if applicable, fax number and
e-mail address of the entrepreneur by the entrepreneur]:
- Herewith I/we (*) revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)/ the provision of the following
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Delete as applicable
§ 10 Final Provisions
(1) Contracts between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.
(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 shall be the Provider's registered office.