General Terms And Conditions
General Terms and Conditions (GTC)
1. Scope of Application
For all orders of consumers and merchants in our online shop the following GTC are applicable.
Consumer is every natural person entering into a contract which is predominantly unrelated to either commercial or self-employed work. Merchant is every natural or juridical person or joint partnership with legal capacities that concluded into a contract in executing its commercial or self-employed field of activity.
Our GTP are applicable for future business relationships with merchants, without the obligation to point them out again. In case the merchant is using conflicting or additional GTPs we object to their application. They only become part of the contract with our explicit consent.
2. Contract partner, conclusion of contract
The sales contract is entered with chic24.net.
With the placement of products in the online shop we place a binding offer to the signing of a contract for these items. In the first step you can place our items into the shopping basket without obligation. You can change your entries any time before transmission by using the available correction tools which are explained during order process. The contract is concluded by clicking the order button and thereby accept the offer for the items in the shopping basket. You will receive a confirmation email immediately after sending your order.
3. Contractual language, contract text storage
Available languages for the conclusion of the contract are German and English.
We store the contract text and send your order data and GTP via email. You can also inspect the contract text in your costumer account.
4. Shipping conditions
Each order entails additional shipping costs. More information about shipping costs is available next to each offer.
Dispatch exclusively via shipping. No customer pickup.
If you choose advance payment, we will inform you about our banking details in a separate email. Delivery following payment receipt.
During the ordering process you will be transferred to the PayPal website. Payment of the amount due by PayPal requires a PayPal registration. In the process you legitimate yourself with your login and confirm the payment request to us. After the order is processed in the shop, we request PayPal to initiate the payment transaction. The payment transaction is processed by PayPal immediately afterwards. Further information is given during the order process.
SOFORT Überweisung (immediate bank transfer)
After placing the order you will be referred to the website the online banking provider SOFORT Überweisung (immediate bank transfer). Payment of the amount due requires an online banking account with PIN/TAN procedure that allows a SOFORT Überweisung. You then need to legitimise yourself and confirm the payment to us. Further information is provided during the order process. The payment transaction is then immediately processed by SOFORT Überweisung and charged to your account.
Purchase on account and factoring with Klarna
In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we also offer purchase on account and hire-payment as payment alternatives. Please note that Klarna purchase on account and Klara hire-payment is only available for consumers and that payment must be made to Klarna.
With Klarna’s financing service you can pay flexible monthly rates of at least 1/24 of the full amount (minimum 6,95 EUR). Please find more information about Klarna hire-purchase (Klarna Ratenkauf) including GTP and European standard information on consumer credits at: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
By buying on account you will first receive the ordered items; payment period will be 14 days. Please find the complete Klarna billing GTP here: http://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/checkout
You may pay safely and directly with Wirecard Bank VISA, MasterCard. You simply need your credit card and PIN. Verified by Visa.
6. Retention of title
The merchandise shall remain the property of the company until full payment of the sale price. For merchants additional conditions apply: We retain ownership of the merchandise until full payment of all claims from the current business relationship has been made. You are entitled to resale reserved items in the ordinary course of business; you assign all claims up to the amount of the invoice arising from the resale in advance to us – regardless of the combination or mixing of reserved items with new items – at the invoice amount and we accept the assignment. You remain entitled to collect the claim, but we are entitled to collect the claim ourselves if you do not make the payments as agreed on.
7. Transport damage
For customers: in case goods are delivered with apparent transport damages, please file a claim to the delivery agent immediately and get in contact with us as soon as possible. The absence of a complaint or of a contact approach has no consequences for your legal right and legal enforceability, in particular, your warranty. With it you support our claims towards the freight carrier or transport insurance.
You carry the risk of accidental loss and accidental deterioration as soon as we have delivered the item to the forwarding person, the carrier or any other person or institution entrusted with the shipping. Among merchants the obligation of inspection and notification is applicable in accordance with §377 HGB. In the event that you default on such notification, the items are considered as approved unless the defect is as such that it was not be evident. This does not apply if the defect was fraudulently concealed.
8. Warranty and Guarantee
Unless other agreements are made specifically, statutory warranty rights are applicable. For consumers the limitation period for claims shall be one year for defects of used items, starting with delivery.
For merchants the period of limitation is one year beginning with transfer of risk; the legal periods for recourse action according to §478 of the German Civil Code remain unaffected. In relation to merchants only our own agreements about the condition of items are valid, including the manufacturer’s product description as long as it is is included the contract. We do not accept liability for public statements or other advertising statements by the producer.
In case the item is defective, initially we decide either to eliminate the defect (rectification) or to deliver an item that is free of defects (replacement delivery) as we see fit.
The above restrictions and shortening of time-limits do not apply to claim due to damages caused by us, our legal representative or our vicarious agent.
In case of injuries of life, body or health.
In case of deliberate or gross negligence as well as fraudulent interest.
In case of the breach of significant contractual duties, whose fulfilments made the due performance of the contract possible in the first place, and where the contracting partner regularly can rely on. (cardinal obligation.
In case of a guarantee promise as far as agreed on.
As far as the product liability act is applicable. Information about required additionally applicable warranties and their conditions can be found in the online shop in the product specifications and special information pages.
We are liable without limitation to claims deriving from damages caused by us, our legal representatives or vicarious agent.
Injuries to life, body and health.
Caused by an intentional or negligent breach of duty.
For a takeover of a guarantee as agreed on.
In case of a mandatory liability according to product liability law.In case of breach of essential contractual duties which are indispensable for the attainment of the contract purpose and which the customer must therefore be able to rely upon (cardinal duties), due to slight negligence of us, of our legal representatives or vicarious agents; the liability of CHIC24 within the legal limits is limited to such damages the nature and extent of which were foreseeable to CHIC24 at the time of the conclusion of the contract. All other claims for damages shall be excluded.
10. Code of conduct
We are subject to the following code of conducts: Quality seal by the Verbraucherschutzstelle e.V. (consumer assistance service body) of Lower Saxony
11. Settlement of disputes
The European Commission provides an online platform at: http://ec.europa.eu/consumers/odr/.
We are willing to participate in an extrajudicial arbitration procedure at a consumer arbitration board.
12. Final provisions
If you are a merchant, German law with expressed exclusion of the United Nations Convention on Contracts for the International Sale of Goods applies. Jurisdiction for all disputes from contractual relationships is our place of business, if you are a merchant according to the definitions of the Commercial Code, a juristic person governed by legal entity under public law or holder of public law special assets.
In case of differences between the English and the German version, the German version of the GTC shall prevail.
AGB (GTP) created with Trusted Shops legal text creator in cooperation with Wilde Beuger Solmecke Attorneys.