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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 have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us

Strumpfmode24, Carl-Benz-Str. 7, 24568 Kaltenkirchen, - Germany -

Telefon: 04191 - 9913844, Fax: 04191 - 9913845; E-Mail: service@strumpfmode24.de    

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 You shall send back the goods or hand them over to

Strumpfmode24, Carl-Benz-Str. 7, 24568 Kaltenkirchen, - Germany -

 Telefon: 04191 - 9913844, Fax: 04191 - 9913845; E-Mail: service@strumpfmode24.de,   

 without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 10,00 EUR.

 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 § 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.