1. Scope

The following terms and conditions apply to all orders placed via the online shop.

2. Contracting parties, conclusion of contract

2.1 The purchase contract is concluded with www.miss-hylton.com / www.hytlon-boutique.de, owner: Lorenzo Vicini, Carrer de l'Illa de Malta 15-1B, 07007 Palma de Mallorca, Spain, email: shop@hylton-boutique.de. By placing the products in the online shop, we submit a binding offer to conclude a contract for these items.

2.2 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.3 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, email, or mail.

2.4 The Seller may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (email), whereby receipt of the order confirmation by the Customer is decisive, or by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.5 When submitting an offer via the Seller's online order form, the Seller will save the contract text and send it to the Customer in text form (e.g., by email or letter) after the order has been submitted, along with these General Terms and Conditions. In addition, the contract text will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3. 1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4. Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description. Free shipping applies exclusively to Germany and Austria.

4.2 The payment option(s) will be communicated and displayed to the customer in the seller’s online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 If the payment method "SOFORT Überweisung/KLARNA" is selected, payment processing will be carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account with a PIN/TAN procedure activated for participation in SOFORT Überweisung, must authenticate themselves accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction will be processed immediately afterwards by SOFORT and the customer's bank account will be debited. Further information on the SOFORT Überweisung payment method can be found online at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

4.6 If the purchase on account payment method is selected, the purchase price is due after the goods have been invoiced. In this case, the purchase price must be paid without deduction within 5 (five) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of any corresponding payment restrictions in the payment information in the online shop. The seller also reserves the right to conduct a credit check if the purchase on account payment method is selected and to reject this payment method if the credit check is negative.

4.7 If SEPA direct debit is selected as the payment method, the invoice amount is due after the SEPA direct debit mandate has been issued, but not before the expiry of the advance notice period. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit despite not being authorized to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if they are responsible for this. The seller reserves the right to conduct a credit check if SEPA direct debit is selected as the payment method and to reject this payment method if the credit check is negative.

5. Delivery and shipping conditions

5.1 Goods will be delivered by the shipping service provider selected by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When ordering via the Seller's online order form, the delivery address provided in the online order form shall be decisive. Exception: When selecting PayPal as the payment method, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.

5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Self-collection is possible during the stated business hours.

5.6 Vouchers/discount codes will be sent to the customer as follows: by email

6. Retention of title

6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.

6.2 The Seller reserves title to the delivered goods until all claims arising 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 resulting claims against third parties to the Seller in advance, in the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods were resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets its payment obligations to the Seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

7. Liability for defects (warranty)

If the purchased item is defective, the statutory liability for defects applies. The following applies:

an insignificant defect does not generally give rise to any claims for defects; the seller has the choice of the type of subsequent performance; for new goods, the limitation period for defects is one year from the transfer of risk; for used goods, rights and claims due to defects are generally excluded; the limitation period does not commence anew if a replacement delivery is made within the scope of liability for defects.

7.2 For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, subject to the restriction of the following paragraph.

7.3 The limitations of liability and reductions of limitation periods set out above shall not apply

for items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness,

for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,

for other damages resulting from an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as

· in the event that the seller has fraudulently concealed the defect.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (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 or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8. Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

in case of intent or gross negligence,

in the event of intentional or negligent injury to life, body or health,

· based on a guarantee promise, unless otherwise agreed,

· due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3 Otherwise, the Seller’s liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9. Indemnity in case of infringement of third-party rights

If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must ensure that the content provided to the seller for processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller against claims made by third parties in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the seller promptly, truthfully and completely with all information necessary for the examination of the claims and for a defense.

10.1 Promotional and discount vouchers/codes issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

10.2 Promotional vouchers can only be redeemed by consumers.

10.3 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.5 Only one promotional voucher can be redeemed per order.

10.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.8 The balance of a promotional voucher will not be paid out in cash or bear interest.

10.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.10 The promotional voucher is transferable. The seller may, with discharging effect, make a payment to the respective holder who redeems the promotional voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, incapacity, or lack of authority to represent the seller.

11. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12. Online Dispute Resolution | Alternative Dispute Resolution

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ttp://ec.europa.eu/consumers/odr/

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.