General terms and conditions with customer information

Table of Contents
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects
liability
Applicable law, contract language
Place of jurisdiction
Alternative dispute resolution

1) Scope
1.1  These general terms and conditions (hereinafter "GTC") of Brands Fashion GmbH (hereinafter "seller") apply to all contracts that a consumer or entrepreneur (hereinafter "customer") with the seller using means of distance communication (e.g. telephone , Fax, e-mail, letter) exclusively through individual communication within the meaning of § 312j Paragraph 5 Clause 1 BGB. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2  These terms and conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.

1.3 A  consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.

2) Conclusion of the contract
2.1  The customer can send a non-binding request to submit an offer to the seller by phone, fax or email. At the customer's request, the seller sends the customer a binding offer to sell the goods selected by the customer from the seller's range in writing (e.g. by email, fax or letter).

2.2 The customer can accept this offer by sending a declaration of acceptance to the seller by telephone, fax or e-mail or by paying the purchase price offered by the seller within 7 (seven) days of receipt of the offer, whereby for the calculation of the deadline the The day on which the offer is received is not included. The day on which the payment is received by the seller is decisive for acceptance by payment. If the last day of the deadline for accepting the offer falls on a Saturday, Sunday or a public holiday recognized by the state at the customer's headquarters, the next working day will take the place of such a day. If the customer does not accept the seller's offer within the aforementioned period, the seller is no longer bound by his offer and can freely dispose of the goods again.

3) right of withdrawal
3.1  Consumers generally have a right of withdrawal.

3.2  More detailed information on the right of cancellation can be found in the seller's cancellation policy.

3.3  The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract.

4) Prices and terms of payment
4.1  Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs incurred will be specified separately in the seller's offer.

4.2  In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made 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) is / are communicated to the customer in the seller's offer.

4.4  If the payment method "PayPal" is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https: / /www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Delivery and shipping conditions
5.1  The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed.

5.2  If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold, even with consumers, is already transferred to the customer as soon as the seller sends the goods to the freight forwarder,

5.4  The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the seller is not responsible for the non-delivery and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5  In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

6) Retention of title
6.1 In  relation to consumers, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

6.2 In  relation to entrepreneurs, the seller retains ownership of the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims against third parties arising from this in advance to the seller in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The right of the seller to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application has been made to open insolvency proceedings.

7) Liability for defects
If the purchased item is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:

7.1  If the customer acts as an entrepreneur,

the seller has the choice of the type of supplementary performance;
In the case of new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, the rights and claims due to defects are fundamentally excluded;
the statute of limitations does not start again if a replacement delivery is made within the scope of liability for defects.
7.2  If the customer acts as a consumer, the following applies to used goods with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.

7.3  The limitations of liability and shortened deadlines set out in the preceding paragraphs do not apply

for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
7.4  In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.

7.5  If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification obligations stipulated there, the goods are deemed to have been approved.

7.6  If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) liability
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

8.1  The seller is fully liable for any legal reason

in the event of intent or gross negligence,
in the event of willful or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.
8.2  If the seller negligently breaches an essential contractual obligation, the liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.

8.3  Otherwise liability on the part of the seller is excluded.

8.4 The  above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

9) Applicable law, contract language
9.1  The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

9.2  Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

9.3  The contract language is German.

10) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.

11) Alternative dispute resolution
11.1  The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

11.2  The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.