Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
1) The following terms and conditions shall apply to all contracts that you, as the supplier (Fashioncenteronline.com GmbH, Chamerstrasse 44, 6331 Huenenberg, Switzerland), have concluded with us via the website www.fashioncenteronline.com, unless otherwise agreed upon in writing by the parties. Deviations or conflicting terms and conditions shall be applicable only upon our express consent.
(2) We shall only offer our goods for sale if you are a natural or legal person or a legal private company, who, when concluding a legal transaction, is running its commercial or independent business (entrepreneur). Conclusion of a purchase contract with the consumers shall be excluded.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products. The key features of the goods can be found in the respective quote.
(2) Our offers on the website are non-binding and are not a binding offer to conclude a contract.
(3) You can place a binding purchase offer (order) via telephone, e-mail, fax, in writing or via the online shopping cart system.
When purchasing via the online shopping cart system, the goods that you wish to purchase shall be placed in the “shopping cart”. You can access the “shopping cart” by clicking the relevant button in the navigation bar and can make changes to it at any time. After opening the “Pay Now” page and entering your personal data along with the payment and shipping terms, the order information shall be displayed once more time.
If you use the ‘PayPal â Express’ quick-payment system by clicking the correspondingly-marked button that is integrated into the shop system, you shall be directed to the PayPal log-in page. After a successful log-in procedure, your address data and account data that have been saved with PayPal are displayed. The ânextâ button leads you back to the order overview page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. When you submit an order by clicking the relevant button, you submit a binding offer to us.
(4) The acceptance of the offer (and with it, the conclusion of the contract) takes place immediately after placing the order via a textual confirmation (e.g. email), in which you receive confirmation (order acknowledgement) regarding the execution of the order or the delivery of the products in question.
(5) We submit individual offers upon request, which shall be sent to you as a hard copy and which we shall be binding for us for a period of 5 days. You can accept the offer by sending us a written confirmation.
(6) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Individually-designed products
(1) You are to use the on-line ordering system to provide us with the respective details, texts or files that are necessary for the customized designing of the products in question. This can also be done via e-mail, in which case it must be done in a prompt manner after the contract has been concluded. Any potential specifications issued by the supplier regarding file formats are to be borne in mind.
(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.
(4) Insofar as such a provision is specified in the product description, you shall receive a correction template from us, which you should check in a prompt manner. If you approve of the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail). Tasks related to the creation of the product in question are not carried out without your approval. You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention. We assume no liability for unqueried errors.
(5) Insofar as we create texts, images, graphics and designs for you within the framework of the customized designing process, the said items are subject to copyright law. Individual parts or complete contents may not be utilized, reproduced or modified unless we have explicitly authorized such a course of action. Unless otherwise agreed upon, we assign to you a temporally unrestricted right to use the copyright-protected items that have been created for you. You are explicitly prohibited from making the protected items or parts thereof privately or commercially available to external parties in any manner whatsoever. The transfer of the right of use is subject to the suspensive condition of full payment of the agreed-upon purchase price.
§ 4 Prices, payment terms and shipping costs
(1) The prices stated in the respective offers are net prices. They do not include the statutory VAT.
(2) The dispatch expenses incurred are not included in the purchase price; they are separately accounted unless the delivery is promised to be free of cost. You can find more details under a correspondingly designated button on our Internet website or in the relevant offer.
(3) Payment options are displayed using a correspondingly designated button on our Internet website or in the relevant offer. If no other payment period is stated on the invoice or in case of individual payment types, the payment claims from the signed contract are immediately due for payment. Discount deduction is permissible only if it expressly stated in the relevant offer or in the invoice.
§ 5 Delivery conditions
(1) The probable delivery date is stated in the respective offer. Delivery dates and terms of delivery are binding only if they have been confirmed by us in writing. If the payment type is advance payment by bank transfer, the goods are dispatched only after we receive the complete purchase price and shipping costs.
(2) If a product ordered by you is not available, contrary to expectations despite a timely completion of the relevant covering transaction, for reasons for which we are not responsible, you shall be informed about the non-availability without delay and in case of a withdrawal, the payments that have already been made by you shall be reimbursed immediately.
(3) The shipping shall take place at your risk. If you wish, the goods shall be shipped with a suitable transport insurance and the costs arising from the same shall be borne by you.
(4) Part deliveries shall be permissible and can be independently specified by you, provided this does not incur additional shipping costs for you.
§ 6 Warranty
(1) The warranty period shall last for one year from the delivery of the goods. The one-year warranty period shall not apply for damages culpably attributable to us arising from any injury to life, body or health and gross negligence or intentionally caused damages or fraud, as well as by right of recourse as per §§ 478, 479 of the German Civil Code (BGB).
(2) In terms of the quality of the goods, only our own information and the product description of the manufacturer shall be deemed to have been agreed, and no other advertising, public promotions and statements made by the manufacturer.
(3) You undertake to promptly examine the goods and pay necessary attention to quality and quantity variances and to notify us in writing (via E-mail, for example) of apparent defects within seven days of receipt; timely dispatch will be sufficient for observing the deadline. The same shall apply to latent defects found later. If the obligation to check and give notice of the defects is violated, the assertion of any warranty claim shall be excluded.
(4) In case of defects, we provide guarantee through repair or replacement at our own discretion. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
§ 7 Right of retention, retention of title
(1) You can exercise the right of retention only if it concerns claims from the same contract relationship.
(2) The goods shall remain our property until the full settlement of all claims from the ongoing business relation. Pledging or assigning the goods as security before the transfer of property of the reserved goods is not permitted.
(3) You can resell the goods in the proper course of business. For this, all claims that arise from the resale in the amount of the invoice price shall be assigned to us already now; we shall receive the assignment. You shall be further authorized to collect the claim. If you do not properly meet your payment obligations, we shall reserve the right to collect the claim.
(4) In the event of connecting and blending goods that are subject to retention of title, we shall acquire co-ownership in the proportion of the goodsâ invoice value in relation to other processed items at the time of processing.
(5) We shall be under obligation to release securities that are due to you if and when the feasible value of our securities exceeds the claims that are to be secured by more than 10%. The choice of the securities to be released shall reside with us.
§ 8 Liability
(1) We shall be liable without restrictions for damages caused by injury to life, body or health, in all instances of malice and gross negligence, for the fraudulent concealment of defects, for acceptance of guarantee concerning the condition of the goods, for damages according to the product liability law, and in all other cases regulated by the law.
(2) The liability of defects within the scope of the implied warranty complies with the corresponding regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If the situation in question relates to important contractual obligations and involves minor negligence, our liability is limited to the foreseeable damages that are typical for the contract. The term âimportant contractual obligationsâ refers to important obligations that follow from the nature of the contract and whose violation would jeopardize the fulfilment of the purpose of the contract. It also covers obligations that the contents of the contract impose on us in order to facilitate the fulfilment of the purpose of the contract and whose fulfilment makes it possible for the contract to be executed in an orderly manner, and compliance with which may regularly be taken for granted by you.
(4) When it comes to the violation of inessential contractual obligations, no liability shall be assumed if the situation in question involves violations of obligations associated with light negligence.
(5) State-of-the-art data communication via the Internet cannot guarantee to be flawless or available at any time. We shall not be responsible for the constant and uninterrupted availability of the web page and all services offered.
§ 9 Choice of law, place of fulfilment, jurisdiction
The German law shall apply with the exclusion of the UN purchasing law. The place of fulfilment as well the court of jurisdiction shall be our headquarters.
II. Customer information
1. Identity of the seller
telephone number: +41 44 586 7060
2. Information regarding the conclusion of the contract
The technical steps for forming the contract and the formation of the contract, as well as the scope for correction are carried out as per the stipulation of § 2 of our General Terms and Conditions (part 1).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The entire contract wording shall not be saved by us. Before the order or request is submitted the contract information can be printed using the print function on the browser or saved electronically.
4. Statutory warranty right
The liability for defects associated with our goods is geared towards the âWarrantyâ provision in our standard business terms (part I).
These SBTs and customer details were created by the lawyers specializing in IT law who work for the HaÌndlerbund, and are constantly checked for legal conformity. HaÌndlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.
Last updated: 30.10.2017