Terms & Conditions
§ 1. General
(1) All offers, sales agreements, deliveries and services arising as a result of orders made by our customers via our online shop www.dessous-strumpfhosen-shop.de (hereinafter referred to as the “Webshop”) shall be subject to the present General Terms and Conditions.
(2) The product range offered in our Webshop is directed at private customers and commercial enterprises in equal measure. Notwithstanding this, products are intended for end consumers only. For the purposes of the present General Terms and Conditions, a private customer is deemed to be any natural person who enters into a contract for a reason unconnected with the exercise of his or her trade, profession or independent business (§ 13 of German Civil Code, BGB) and a commercial enterprise is deemed to be any natural or legal person which acts in exercise of his, her or its trade, profession or independent business in entering into a contract (§ 14 Paragraph 1 BGB).
(3) The Terms and Conditions of the customer shall not apply even in cases where we do not separately contradict the validity of such customer Terms and Conditions on an individual case basis.
(4) All contracts with customers are concluded in German only.
§ 2. Conclusion of contract, right of withdrawal and terms of withdrawal
(1) The offers in our Webshop are non-binding.
(2) In placing an order in the Webshop (an action which requires prior registration and acceptance of the present General Terms and Conditions), a customer makes a binding offer to purchase the product in question. Such an offer shall continue to be binding upon the customer until the end of the third working day following the offer.
(3) We shall send the customer confirmation of receipt of offer immediately upon receipt. Such a confirmation does not, however, constitute acceptance of the offer. An offer shall only be deemed to have been accepted by us when we declare acceptance to the customer (by e-mail) or when we dispatch the product. The purchase agreement with the customer shall not enter into force until acceptance on our part.
(4) Any private customer shall have the right to withdraw from the offer and to return the product in accordance with the terms of withdrawal stated below.
Terms of withdrawal for private customers
You may withdraw from the contract entered into within 15 days and without giving reasons for so doing by stating such an intention to withdraw from the contract in text form (e.g. letter, fax, e-mail). In the event that goods have been supplied to you before the expiry of said deadline, you may withdraw from the contract by returning the product. The deadline shall commence upon receipt of the present terms of withdrawal in text form. It shall not, however, commence before receipt of the goods by the recipient (in the case of the repeated delivery of goods of the same nature not before the receipt of the first partial delivery) and shall further not commence before fulfilment of our duty to inform pursuant to Article 246 § 2 of the Introductory Act to the German Civil Code (EGBGB) in conjunction with § 1 Paragraphs 1 and 2 EGBGB and fulfilment of our duties pursuant to § 312g Paragraph 1 Clause 1 German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB.
Timely dispatch of notice of withdrawal or of goods shall be deemed sufficient for compliance with the deadline for withdrawal.
Notice of withdrawal shall be sent to:
World of Lingerie c/o Glamory GmbH & Co. KG -Returns-
Lemsahler Weg 23
22851 Norderstedt
-Germany-
By e-mail: service[at]world-of-lingerie.com
Consequences of withdrawal
In the event of valid withdrawal, any performance received by either party shall be returned and any benefits gained from us (such as interest) shall be surrendered. You must grant us compensation to the extent that you are unable to return performance in whole or in part or in the event that you are only able to return such performance in impaired condition. In the case of the supply of goods, such a requirement to pay compensation shall not apply in circumstances where impairment of the product is merely due to inspection of the product in a way which would, for example, have been possible in a retail outlet. You may further avoid the duty to pay compensation for impairment to a product occasioned by putting such a product to its intended use by not using the product as your property and by desisting from all actions which impair the value of the product. Products which can be dispatched in the form of a parcel shall be returned at our risk. You shall be responsible for the cost of the return. Obligations for the reimbursement of payments must be fulfilled within 30 days. For your part, said deadline shall commence when your declaration of withdrawal or the product is dispatched. For our part, said deadline shall commence when the product is received.
End of terms of withdrawal
§ 3. Prices and payment
(1) Our prices include German Value Added Tax at the statutory rate but are exclusive of costs of dispatch. Customs duties and other similar levies shall be borne by the customer.
(2) The right to offset payments and the right of retention shall only be accorded to the customer to the extent that such counterclaims are undisputed or have been established in law.
§ 4. Dispatch of goods
(1) We shall dispatch goods to the customer no later than the date of dispatch shown on the relevant offer page (day of the transfer of the product from us to the forwarding company). Notwithstanding this, this date shall be approximate only and may be exceeded by up to two working days. In the event that no date of dispatch is displayed, goods described as “in stock” shall be dispatched no later than the fifth working day following the date of the order.
(2) In the event that our supplier does not act in a timely manner in delivering to us goods designated as “not in stock” on the offer page in the Webshop at the time when a customer places an order, the deadline stipulated pursuant to Clause 1 above shall be extended by a period of five further working days until such time as our supplier delivers the goods. Notwithstanding this, the maximum period by which said deadline may be extended shall be three weeks. Said deadline may only be extended in circumstances where we have placed a follow-up order without delay and where we are not responsible for the delay in delivery by our supplier.
(3) We shall notify customers without delay in the event that a product cannot be supplied or cannot be supplied in a timely manner as a result of one of the reasons stated in Paragraph 3 above. We shall be entitled to withdraw from the contract in the event that a product is not available from our supplier for the foreseeable future. In the case of such a withdrawal, we shall reimburse any payments made to us by the customer without delay. The above provision is without prejudice to the statutory rights of the customer with regard to delay in delivery. Notwithstanding this, the customer may only exert a claim for compensation in accordance with the specific provision set out in Paragraph 9 of the present General Terms and Conditions.
§ 5. Dispatch, insurance and transfer of risk
(1) Insofar as nothing to the contrary has been agreed, we shall determine the appropriate means of dispatch and the forwarding company at our own fair and just discretion.
(2) We shall only be liable for ensuring proper and timely transfer of goods to the forwarding company and shall not be responsible for delays caused by the forwarding company. For this reason, duration of dispatch stated in the Webshop shall be non-binding.
(3) If the customer is a private customer, the risk of accidental destruction, accidental impairment or accidental loss of the product supplied shall be transferred to the customer at the time when the product is delivered to the customer or at the time when the customer is in delay of acceptance. In all other cases, risk shall be transferred at the time when the product is supplied to the forwarding company.
§ 6. Guarantee
(1) In the event that a product supplied contains a material defect, a customer may initially require of us that we remedy such a material defect or else supply a product not containing such a material defect. If the customer is a commercial enterprise, we may choose to remedy such a material defect or else supply a product not containing such a material defect. Such a choice may only be made via notification to the customer in text form (including by fax or e-mail) within three working days of report of the defect. We may refuse the type of subsequent performance selected by the customer if it is not possible to provide such a type of subsequent performance without incurring disproportionate costs.
(2) In the event that subsequent performance pursuant to Clause 7 (1) above fails or in the event that such subsequent performance is unreasonable for the customer or in the event that we refuse to provide such subsequent performance, the customer shall be entitled to withdraw from the purchase agreement in accordance with applicable law, reduce the purchase price or require reimbursement of expenses incurred. The particular provisions contained within Paragraph 9 of the present General Terms and Conditions shall further apply with regard to claims for compensation by the customer.
(3) In the case of private customers, the guarantee period shall be two years following delivery. The guarantee period shall otherwise be twelve months following delivery.
(4) The following shall only apply in respect of commercial enterprises. The customer shall subject goods to careful inspection immediately upon delivery. Goods supplied shall be deemed to have been approved by the customer if no notification of defect is made to us (i) within five working days of delivery in the case of obvious defects or (ii) within five working days of discovery of defect otherwise.
§ 7. Liability
(1) In the case of a delay in delivery, our liability for negligence (excluding gross negligence) shall be limited to an amount of 10% of the respective purchase price (including German VAT).
(2) We shall not be liable (regardless of legal reason) for damages which would not typically be expected to occur given the nature of the respective order and product and given normal use of the product. Liability arising from damages caused by loss of data is also excluded insofar as recovery is not possible or is hampered by a lack of or by insufficient data back-up. The above limitations on liability do not apply in cases of intent or gross negligence.
(3) The above limitations do not apply in respect of our liability for guaranteed characteristics of goods within the meaning of § 444 German Civil Code (BGB) and further do not apply in respect of liability for damage to life, limb or health or in respect of liability pursuant to the German Product Liability Act.
§ 8. Data protection
(1) We shall be permitted to process and store data relating to the respective purchase agreements insofar as such processing and storage is necessary for the execution and settlement of the purchase agreement and provided that we are required to retain such data pursuant to statutory stipulations.
§ 9. Applicable law and place of jurisdiction
(1) Subject to compelling provisions contained within international private law, the purchase agreement which exists between us and the customer shall be governed by the law of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods shall be excluded.
(2) Insofar as the customer is a Registered Trader within the meaning of § 1 Paragraph 1 of German Commercial Code (HGB), is a legal entity under German public law or a special fund as defined under German law, the courts in Hamburg shall have exclusive jurisdiction with regard to all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may assert a claim at any court having jurisdiction on the basis of statutory stipulations.
