Terms and Conditions
TERMS AND CONDITIONS
Table of Contents
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Scope of Application
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Contracting Parties, Conclusion of Contract
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Right of Withdrawal
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Prices and Payment Terms
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Delivery and Shipping Terms
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Retention of Title
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Liability for Defects (Warranty)
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Liability
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Indemnification in case of Infringement of Third-Party Rights
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Redemption of Promotional and Discount Vouchers/Codes
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Applicable Law
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Online Dispute Resolution / Alternative Dispute Resolution
1. Scope of Application
The following General 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.de / www.hytlon-boutique.de, Miss Hylton S.L.U., Carrer del Jonc 5, 07610 Palma de Mallorca, Spain, E-mail: shop@miss-hylton.de. By placing products in the online shop, we make a binding offer to conclude a contract for these items.
2.2 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.3 The customer can submit the 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 with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, e-mail or post.
2.4 The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed the order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When an offer is submitted via the seller's online order form, the contract text is stored by the seller and sent to the customer in text form (e.g. e-mail or letter) together with these General Terms and Conditions after the order has been sent. In addition, the contract text is 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 corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending 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 recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries as part of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by them for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by 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 that include the statutory value-added tax. 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 by a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, viewable 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 for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method "SOFORT Überweisung/KLARNA" is selected, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account activated for participation in SOFORT Überweisung with a PIN/TAN procedure, identify themselves accordingly during the payment process and confirm the payment instruction to SOFORT. The payment transaction is carried out immediately thereafter by SOFORT and the customer's bank account is debited. Further information on the SOFORT Überweisung payment method can be found on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
4.6 If the payment method invoice purchase is selected, the purchase price becomes due after the goods have been invoiced. In this case, the purchase price must be paid within 5 (five) days of receipt of the invoice without any deductions, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop. The seller further reserves the right to carry out a credit check when selecting the invoice purchase payment method and to refuse this payment method if the credit check is negative.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of payment has expired. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit even though they are not authorized to do so, the customer shall bear the fees incurred by the respective credit institution for the reversal, if they are responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to refuse this payment method if the credit check is negative.
5. Delivery and Shipping Terms
5.1 The delivery of goods takes place by shipping through the shipping service provider chosen by the seller to the delivery address specified by the customer, unless otherwise agreed. For an order placed via the seller's online order form, the delivery address specified in the online order form is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.
5.2 If the shipping company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them a reasonable time in advance.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer, even for consumers, as soon as the seller has delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller had 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 self-delivery. This applies only if the non-delivery is not the responsibility of the seller and the seller has concluded 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 non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Self-collection is possible during the stated business hours.
5.6 Vouchers/discount codes will be provided to the customer as follows: by e-mail
6. Retention of Title
6.1 Towards consumers, the seller retains title to the delivered goods until full payment of the purchase price owed.
6.2 Towards entrepreneurs, the seller retains title to the delivered goods until full settlement of all claims arising from an ongoing business relationship.
6.3 If the customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The customer assigns all claims arising from this against third parties to the seller in the amount of the respective invoice value (including value-added tax) in advance. This assignment applies regardless of whether the reserved goods have been 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 themselves remains unaffected. However, the seller will not collect the claims as long as the customer fulfills their payment obligations to the seller, does not fall into arrears with 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 provisions of statutory liability for defects apply. Deviating from this, the following applies:
7.1 For entrepreneurs
An insignificant defect generally does not give rise to claims for defects; the seller has the choice of the type of supplementary performance; for new goods, the limitation period for defects is one year from the transfer of risk; for used goods, the rights and claims due to defects are generally excluded; the limitation period does not recommence 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 the delivery of the goods to the customer, with the restriction of the following paragraph.
7.3 The limitations of liability and reductions of the limitation period regulated above do not apply
· for items that have been used for a building contrary to their usual use and have caused its defectiveness,
· for damages resulting from injury to life, body or health due to 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 based on an intentional or grossly negligent breach of duty by the seller or on 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 according to § 478 BGB remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial duty to inspect and give notice of defects according to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, they are requested to complain about goods delivered with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this has 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, as well as tortious claims for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation on any legal grounds
· for intent or gross negligence,
· for intentional or negligent injury to life, body or health,
· based on a guarantee promise, unless otherwise regulated in this regard,
· based on 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 foreseeable damage typical for the contract, unless unlimited liability exists pursuant to the preceding paragraph. 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 enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely.
8.3 Otherwise, liability of the seller is excluded.
8.4 The above liability regulations also apply with regard to the seller's liability for their vicarious agents and legal representatives.
9. Indemnification in case of Infringement of Third-Party Rights
If the seller, according to the content of the contract, owes, in addition to the delivery of goods, also the processing of the goods according to specific instructions of the customer, the customer must ensure that the content provided by them to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer indemnifies the seller from claims of third parties that these can assert against the seller in connection with an infringement of their rights by the contractual use of the customer's content by the seller. The customer also bears 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. The customer is obliged to provide the seller with all information immediately, truthfully and completely in the event of a claim by third parties that is necessary for the examination of the claims and a defense.
10. Redemption of Promotional and Discount Vouchers/Codes
10.1 Promotional and discount vouchers/codes that are issued free of charge by the seller as part of promotional campaigns with a specific validity period and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion, provided that 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 at least correspond to the amount of the promotional voucher. Any remaining credit 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 chosen to settle the difference.
10.8 The credit of a promotional voucher will neither be paid out in cash nor will it bear interest.
10.9 The promotional voucher will not be refunded if the customer returns the goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.
10.10 The promotional voucher is transferable. The Seller may discharge its obligations by performing to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or gross negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to represent.
11. Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their 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: http://ec.europa.eu/consumers/odr/
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.