General Terms and Conditions of 22 Fashion GmbH

Status 02.01.2020

 

§1 Scope of application

 

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer (“Customer”) in the version valid at the time of the order.

 

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

 

 

§2 Conclusion of a contract, data protection

 

(1) The following regulations concerning the conclusion of the contract apply to orders placed via our Internet shop https://unbreakableevolution.com .

 

(2) In the event of the conclusion of the contract, the contract is concluded between you and

 

22 Fashion GmbH

Giorgia Both and Thomas Breitwieser

Lindwurmstrasse 177

D-80337 Munich

HRB 243063

Amtsgericht Munich

 

(3) The presentation of the goods in our internet shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

 

(4) Upon receipt of an order in our internet shop, the following regulations apply: The customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our Internet shop.

 

The order is placed as follows:

 

1) Selection of the desired goods

2) Confirm by clicking on the “Order” buttons

3) Check the information in the shopping cart

4) Press the button “Checkout”.

5) Login to the Internet shop after registration and entering the login details, e-mail address and password (optional).

6) Re-check or correction of the respective entered data.

7) Binding dispatch of the order by clicking on the button “order with costs” or “buy”.

 

Before sending the binding order, the customer can return to the Internet page where the customer’s details are recorded by pressing the “Back” button contained in the Internet browser in order to correct errors or quit the order process by closing the Internet browser. We confirm receipt of the order immediately by an automatically generated e-mail (“confirmation of receipt”). This confirmation of receipt does not constitute an acceptance of the offer. A sales contract is only concluded when the ordered goods are shipped to the customer. Before the goods are shipped, the customer will receive a shipping confirmation by email, to which the invoice is attached.

 

(5) Storage of the contract text for orders placed via our Internet shop: We store the contract text under Order Tracking –> Track and send the customer the order data and our terms and conditions by email. The T&Cs can also be viewed at any time at https://unbreakableevolution.com/terms-conditions/.

When processing personal data, we observe the legal regulations. Details can be found in the data protection declaration of 22 Fashion GmbH which can be accessed under https://unbreakableevolution.com/privacy/.

For a credit assessment, the customer’s data will be transmitted to Creditreform Boniversum GmbH or a comparable company exclusively for this purpose. We will use the result for the purpose of deciding which payment option is offered to the customer. By agreeing to these general terms and conditions, the customer declares his consent to the transmission of the data and the credit assessment.

 

 

§3 Prices, shipping costs, payment

 

(1) The prices quoted include the statutory value added tax and other price components. Any shipping costs shall be added.

 

(2) The customer has the option of payment in advance, PayPal, credit card (Visa, Mastercard) and on account.

 

In case of a purchase on account, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. We reserve the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume is exceeded. In this case we will inform the customer in his payment information in the online shop about a corresponding payment restriction. We further reserve the right to carry out a credit check (see § 2 (5) of these T&Cs) when selecting the payment method purchase on account and to reject this payment method if the credit check is negative.

 

(3) If the customer has chosen payment in advance, he shall pay the purchase price immediately after conclusion of the contract.

 

(4) In the event of default of payment, we are entitled to charge interest on arrears in accordance with the law.

 

§4 Delivery

 

(1) We are entitled to make partial deliveries to a reasonable extent. Unless we have stated otherwise in the product description, all items offered by us are generally ready for immediate shipment. If the items are in stock, delivery can be made within approx. 5 working days. The delivery is subject to the timely delivery by the supplier. If the supplier does not deliver despite his contractual obligations, we can withdraw from the purchase contract. In this case the customer will be informed immediately and payments already made will be refunded.

 

(2) The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the customer until the item is handed over to the customer, even in the case of mail-order purchases.

 

§5 Retention of title

 

We reserve the right of ownership of the goods until the purchase price has been paid in full.

 

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§6 Right of revocation of the customer as consumer:

 

Right of revocation for consumers

 

Consumers are entitled to a right of revocation according to the following provision, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity:

 

 

Cancellation policy

 

Right of withdrawal

 

You have the right to revoke this contract within fourteen days without giving reasons.

 

The revocation period is fourteen days, starting from the day on which you or a third party designated by you, other than the carrier, have taken or has taken possession of the goods.

 

In order to exercise your right of withdrawal, you must inform

22 Fashion GmbH

Giorgia Both and Thomas Breitwieser

Lindwurmstrasse 177

D-80337 Munich

E-mail mail@22-fashion.com

by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory.

 

Consequences of revocation

 

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

 

We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

 

You must return or hand over the goods to us without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.

 

You shall bear the direct costs of returning the goods.

 

End of the cancellation policy

 

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§7 Cancellation form

 

Sample revocation form

(If you want to cancel the contract, please fill out this form and send it back).

To :

22 Fashion GmbH

Giorgia Both and Thomas Breitwieser

Lindwurmstrasse 177

D-80337 Munich

E-mail mail@22-fashion.com

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

 

_____________________________________________________

 

Ordered on (*)/received on (*)

 

__________________

 

Name of the consumer(s)

 

_____________________________________________________

 

Address of the consumer(s)

 

 

_____________________________________________________

 

Signature of the consumer(s) (only in case of communication on paper)

 

__________________

 

Date

 

__________________

(*) Delete as applicable.

 

 

§8 Warranty, compensation

 

The statutory warranty regulations apply. In the event of a material defect, the customer may initially, at his discretion, demand replacement delivery or rectification of the defect and, provieded the other legal requirements have been met, demand a reduction in price or withdrawal from the contract. We shall only be liable for damages in the event of intent or gross negligence. In the case of simple negligence, we shall only be liable in the event of a breach of an obligation, the fulfilment of which is essential for the proper execution of the contract.

If we are liable for simple negligence, the liability is limited to the damage that we typically had to expect according to the circumstances known at the time of conclusion of the contract.

The above exclusions and limitations of liability apply neither if we have given a guarantee, nor to damages resulting from injury to life, body or health or if claims under the Product Liability Act exist.

The above exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whom we use to fulfil the contract.

 

 

§9 Applicable law, final provisions

 

German is the only language of contract. In case of discrepancies between the English and the German version the German version shall prevail.

 

The law of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods

shall apply to these terms and conditions and our entire legal relationship,

 

The contract concluded between us and the customer contains all agreements made between the parties regarding the subject matter of the contract. Oral subsidiary agreements do not exist.

 

Should any of the above provisions be invalid or unenforceable in whole or in part or for other reasons, the remaining provisions shall remain unaffected.

 

§10 Information on Online Dispute Resolution

 

The EU Commission has created an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform serves as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS Platform can be reached under the following link: http://ec.europa.eu/consumers/odr/. We prefer to clarify the concerns of our customers in direct exchange and therefore do not participate in dispute resolution proceedings before a consumer arbitration board.

 

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