General Terms and Conditions

Transcription

1 General Terms and Conditions 1/6 1. SCOPE 1.1. Provided General Terms & Conditions regulate the contractual relationship between STYLEBOP GmbH ( we, us, STYLEBOP ) and you as the user of online shop STYLEBOP represented on and related subdomains ( STYLEBOP.com ). You can access the valid General Terms & Conditions any time under the corresponding link on STYLEBOP.com. These Terms & Conditions are valid for consumers, traders and merchants All shipments, services and special promotions are based only on these General Terms & Conditions. Any user s terms and conditions deviating from provided General Terms & Conditions do not apply unless stated explicitly by STYLEBOP in written form. 2. CONCLUSION OF CONTRACT 2.1. The presentation of goods on STYLEBOP.com is not regarded as a binding offer for the conclusion of contract with STYLEBOP. It is solely regarded as a not binding offer to purchase the goods from STYLEBOP.com. The offer on STYLEBOP.com only addresses full aged users When you choose the goods that you would like to purchase, they will first be put into your shopping cart. The contract between you and STYLEBOP is not concluded after you fill out shipping and payment details and click on the PLACE ORDER button. Before completing your order, you have a chance to check all the details and to change any information if necessary Once you click on the PLACE ORDER button, you will receive an acknowledging the details of your order (confirmation ). The is sent to the address registered. This is NOT an acceptance of your order, just a confirmation that we have received it The contract between you and STYLEBOP will be completed when STYLEBOP explicitly confirms the acceptance of your order within two weeks (notice of acceptance). The shipping of the goods and the confirmation that the goods have been shipped to the address provided equals the explicit acceptance of the order. This does not apply if, in case available, you choose wire transfer as your payment method We reserve the right not to accept your order in the event, for example, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn. In this case the contract cannot be regarded as concluded. We will you to inform you that we have not accepted your order. If you have already paid for the goods, we will refund the full amount as soon as we are able We do not store the contract text. The information regarding the conclusion of contract can be found in the order confirmation , in the notice of acceptance and in General Terms & Conditions.

2 2/6 3. SHIPPING CONDITIONS AND THE PREPAYMENT RIGHT 3.1. STYLEBOP reserves the right for partial delivery, if acceptable for you If not otherwise stated on STYLEBOP.com the shipping takes place to the address provided within 1-5 business days after the payment has been made (in case of wire transfer) or after the contract has been concluded. The delivery to the Russian Federation takes up to 3-8 business days Under you will find a list of countries where the order can be delivered (countries of delivery), as well as special delivery conditions for certain countries. Should you need further information, please contact our Customer Service under customercare@stylebop.com If you would like the order to be shipped to a country outside the European Union (third party country), additional customs duties and taxes may apply as soon as the order arrives to the delivery country. STYLEBOP has no influence on this. Under you will find a list of countries where the order can be delivered (countries of delivery), as well as the information if the duties and taxes are included in the price stated (delivery on the DDP-basis = delivery duty paid) or if the customer must bear these costs (delivery on DDU-basis = delivery duty unpaid). If your order is delivered to a DDU destination and you refuse to bear the costs for customs duties, taxes and any additional fees, STYLEBOP reserves the right to charge you any additional costs induced to us. Therefore, in case of a delivery to a DDU country, we advise you to get the information from the local customs regarding any possible duties and taxes that may apply to the delivery When the order is placed with a billing or delivery address outside Germany or if payment risk exists STYLEBOP reserves the right to carry out the delivery only after the receipt of payment including the shipping fee, if applicable (prepayment right). If we make use of the prepayment right, you will be notified. In this case the delivery time is according to 3.2 and starts with receipt of payment including the shipping fee if applicable. 4. PRICES AND SHIPPING COSTS 4.1. All prices on STYLEBOP.com for the delivery inside the European Union are inclusive of VAT and exclusive the shipping fee. If the delivery takes place to the country outside the European Union (third party country), the prices on STYLEBOP.com may include additional duties and taxes according to The shipping fee depends on the country and the shipping type. The information regarding all shipping fees may be found under The price including the information regarding VAT, available shipping types and corresponding shipping fees are also shown when you go through the ordering process (before the order is placed). 4.3.If STYLEBOP carries out a partial delivery according to 3.1., the shipping fee applies only to the first delivery. 4.4.If you make use of your right to cancellation according to 6.1., you may in some cases ask for the refund of the shipping fee.

3 3/6 5. PAYMENT CONDITIONS, VOUCHERS, SET-OFF AND RIGHT OF RETENTION 5.1. STYLEBOP accepts different types of payment (for example wire transfer, PayPal, Sofort Online bank transfer, credit card payment or cash on delivery). Not all payment types may be available for you. If the payment is carried out by an external payment provider (for example PayPal or Sofort Online bank transfer) only terms and conditions of this particular payment provider are applied to the payment process. Date of payment is five days after the invoice date If you own a valid STYLEBOP.com voucher (for example gift voucher or promotion voucher), you can redeem it against your purchase on STYLEBOP.com according to the conditions valid for redeeming that specific voucher. In order to redeem the voucher, you should type the voucher code into the corresponding field during the order process on STYLEBOP.com and click APPLY. It is not possible to redeem the voucher after an order has been placed. If the total amount of the order exceeds the voucher value, you will need to pay the difference using one of the payment types available to you according to 5.1. If the voucher has a validity period, then it can only be used within stated period of time. Vouchers cannot be redeemed for cash. The following conditions apply to gift vouchers: The voucher can be redeemed against all products represented on STYLEBOP.com. The voucher value will be deducted from the total amount of the order. If the order total is less than the voucher value, you can redeem the voucher against your next order until the voucher value is used up completely. If you cancel the order, which was paid solely with the gift voucher, STYLEBOP will credit the amount back to your gift voucher (if you paid the difference using a different payment method, then you will first receive the refund for the paid amount). The gift voucher can only be used by the person stated as a gift receiver during the order process. The following conditions apply to promotion vouchers: Promotion vouchers can only be used once, are non-transferable and can only be applied to the price of the product and not to shipping fees or other additional costs. Promotion vouchers are provided only by STYLEBOP. Promotion vouchers cannot be claimed. In all other matters certain redeeming conditions apply to gift and promotion vouchers. These conditions are stated during the order process (for gift vouchers) or as part of the running promotion (for promotion vouchers). Voucher redeeming conditions take precedence over General Terms & Conditions in case of any differences The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract. 5.4.You can only make use of the right of retention in case the counterclaim corresponds to the same sales contract.

4 4/6 6. RIGHT OF CANCELLATION 6.1. If you concluded the contract with STYLEBOP as a consumer, you have the following right of cancellation: RIGHT OF CANCELLATION You have the right to cancel your order within 14 days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods. To exercise your right of cancellation, you must inform us, STYLEBOP GmbH, Maria-Merian-Straße 7, Ottobrunn/Munich; Tel ; customercare@stylebop.com, of your decision to withdraw from this contract through means of an unambiguous declaration (e.g. a letter mailed by post, a fax or an ). You can use the attached sample cancellation form for this purpose, but this is not compulsory. In order to observe the cancellation period, it is sufficient that you send notice of cancellation before the cancellation deadline. CONSEQUENCES OF CANCELLATION If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you, including shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favorable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement. We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first. You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract. The deadline is met if you send back the goods before the end of the fourteen day period. You will bear the direct cost of returning the goods. You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof. You will find the sample cancellation form under The above mentioned right of cancellation applies according to 312g, clause 2 of German Civil Code not to contracts concluded for the delivery of goods that are not prefabricated and for the goods that must be produced according to your personal wishes. The right of cancellation is not valid for the delivery of sealed goods in case the sealing was opened after the delivery and for the goods that cannot be returned according to health protection and sanitary regulations STYLEBOP offers free returns If you make use of the above mentioned right of cancellation, STYLEBOP offers you free returns. This offer is valid only for returns made

5 5/6 according to instructions included with your order and carried out by a logistics company chosen by STYLEBOP. Otherwise you must bear the costs of returning the goods according to 6.1. The right to free returns provided by STYLEBOP does not affect your legal rights and rights for claims, especially your legal right of cancellation according to RETENTION OF TITLE The goods delivered remain the property of STYLEBOP until full payment has been made. 8. WARRANTY 8.1. Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany, especially 434 of German Civil Code. Claims are subject to a limitation period of two years after the delivery of the product Any STYLEBOP warranty for certain goods and manufacturer warranty for certain goods is valid as well as liability in the case of material defects or defects of title according to 8.1. Certain warranty details could be found in terms of guarantee, if included with the product. 9. LIABILITY 9.1. We accept unlimited liability for damage caused by intent or gross negligence according to legal regulations regarding compensation or compensation of wasted expenses Our liability, if not otherwise stated under 9.1., for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfilment is essential to the due and proper performance of the contract and whose fulfilment customer could reasonably rely upon ( essential obligation ), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations, if not otherwise stated under Nothing in this shall prejudice our liability for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. 10. INTELLECTUAL PROPERTY Please note that the information represented on STYLEBOP.com (including but not limited to photographs and images, logos and texts) are intellectual property and protected by applicable legislation. Any commercial use, including the reproduction, modification, distribution and transmission of any content impinges upon the rights of STYLEBOP or third parties and may result in taking legal action, including compensation and injunctive relief. 11. LAW AND JURISDICTION The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded. When you conclude a contract with STYLEBOP as a consumer additional consumer protection regulations valid in your country shall apply.

6 6/ Munich (Germany) shall be the place of jurisdiction if you are a merchant, legal person or legal entity under public law and at the moment of concluding a contract your place of jurisdiction is in Germany. Otherwise legal regulations shall apply for place of local and international jurisdiction. 12. CONSUMER ADVICE WITHIN THE EU The European Commission has set up an online platform for out-of-court resolution to consumer disputes (ODR platform). The platform can be found at We are not willing nor obliged to participate in a dispute settlement procedure before a consumer complaints office. July 2017, STYLEBOP.com