Conditions
Terms of Service
in the context of sales contracts made over the Internet (online shop) with
Fiederer Fashion & Style
Sonja Fiederer
Gleisshammerstrasse 67a
90480 Nuremberg
Tel .: 0911/93280527
Email: fiederer-fashion.de
getting closed.
§1 Scope & Contractual Partner
For the business relationship between Fiederer Fashion & Style (seller) and the customer, the following general terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity in writing.
The customer is a consumer insofar as the purpose of the ordered delivery and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, is exercising their commercial or independent professional activity.
§2 conclusion of contract
The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an invitation to the customer to submit an offer in the legal sense. The duration of all offers is the number of items in stock that is specified on the website.
The goods ordered may differ slightly from the goods shown on the Internet due to the display options. In particular, there may be color and cut-related deviations in the pattern design.
The customer can select the goods from the assortment and collect them using the "Add to cart" button. Via the button "Checkout" or directly via the button "Pay with PayPal", he makes a binding offer to purchase each individual product in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts the general terms and conditions by clicking on them in the ordering process before using the “order for a fee” button.
After placing an order, the customer receives an automated email (order confirmation) in which the customer's order is listed again.
When the contract with the seller and the customer comes about depends on the payment method selected by the customer:
If the customer has chosen the payment method PayPal, the contract is concluded at the time of his confirmation of the payment instruction to PayPal.
If the customer has chosen the method of payment, the contract is concluded at the time of selecting "Prepayment" in the ordering process.
§3 Obligation of the customer to cooperate to fulfill the contract
The customer must ensure that the personal data he has stored with the seller and communicated when the contract is concluded is correct and available for the fulfillment of the contract. This applies in particular to the specified email address and delivery address.
Any changes to the customer's data that occur during the business relationship must be reported by the customer to the seller immediately and without being requested to do so.
The buyer guarantees that the e-mail address given by him can be reached.
If the customer culpably violates his aforementioned obligations to cooperate, the seller is entitled to withdraw from the concluded purchase contract after a corresponding reminder with setting a deadline.
§4 prices
The indicated price is the total price (final price) plus shipping costs. According to § 19 UStG, sales tax is not charged and therefore not shown (small business status)
§5 payment options
The customer can make the payment in advance / bank transfer with the indication of the order number or PayPal. The seller reserves the right to exclude individual payment. The specific payment methods available result solely from the selection options on our website during the ordering process.
When paying in advance, payment of the purchase price plus any shipping costs must be made immediately after receipt of the first contact e-mail (order confirmation) by bank transfer (stating the order confirmation number) to the seller's account specified in the e-mail.
When paying by PayPal, the customer is automatically forwarded to PayPal after submitting the order in order to make his payment there. The terms of use of paypal.com apply.
§6 retention of title
The goods remain the property of the seller until they have been paid for in full.
§7 delivery
The delivery will be made to the delivery address given by the client.
We reserve the right to deliver orders as soon as the purchase price has been received on the specified account or PayPal account of the seller.
Unless otherwise stated in the offer, the delivery time is 5-7 working days.
If the start or end of the period falls on a Saturday, Sunday or a public holiday, the start or end of the period is postponed to the following working day.
If force majeure (natural disasters, war, terrorist attacks) makes delivery or any other service permanently impossible, the seller's obligation to perform is excluded. Amounts already paid will be reimbursed to the customer immediately.
§8 shipping costs
Germany = 4.90 EUR
EU = 9.95 EUR
USA = 9.95 EUR
Free shipping from an order value of 30.00 EUR.
In the event of a cancellation, the customer has to bear the regular costs of the return.
§9 cancellation policy / right of cancellation
The customer has the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In order to exercise the right of withdrawal, the customer must inform the seller, Fiederer Fashion & Style, Gleißhammerstr. 67a, 90480 Nuremberg / fiederer-fashion@web.de , by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to withdraw from this contract.
The customer can use the following sample withdrawal form, but this is not mandatory. To meet the cancellation deadline, it is sufficient for the customer to send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Sample withdrawal form:
Fiederer Fashion & Style
Sonja Fiederer
Gliehammerstrasse 67a
90480 Nuremberg
Email: fiederer.fashion@web.de
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the
following goods (*) ………………………………………………………………………………… ...
ordered on (*) ……………………… .. received on (*): …………………………………… ....
Name of consumer (s): ……………………………………………………………
Address of the consumer (s):… .. …………………………………………………… ..
Signature of the consumer (s)
(only with notification on paper): …………………………………………………………….
Date: …………………………………………………
(*) Delete where inapplicable
We will confirm receipt of the revocation to you immediately.
Consequences of withdrawal
If the customer cancels this contract, the seller has to repay the payments he has received from the customer, including delivery costs, immediately and at the latest within fourteen days from the day after the cancellation was received. For this repayment, the seller uses the same means of payment that the customer used in the original transaction. In no case will the customer be charged fees for this repayment. The seller can refuse the repayment until he has received the goods back.
The customer must return or hand over the goods to the seller immediately and in any case no later than fourteen days from the date on which he informed the seller of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer only has to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the quality, properties and functionality of the goods.
§10 warranty rights
The seller is liable for defects in accordance with the applicable statutory warranty law or the statutory warranty law.
If the buyer is a consumer, the warranty period is 2 years. If the buyer is an entrepreneur, the warranty period is reduced to 1 year
§11 liability
Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, the seller is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health.
The restrictions also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
§12 copyrights
We have copyrights to all images, films and texts that are published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§13 Online Dispute Resolution
The Commission of the European Union has set up an online platform (“OS platform”) for out-of-court settlement of consumer disputes, which you can turn to for out-of-court settlement. You can find the platform at " http://ec.europa.eu/consumers/odr/". We are not willing and not obliged to take part in a dispute settlement procedure before a consumer arbitration board.
§14 final provisions
The law of the Federal Republic of Germany applies to contracts between the seller and the customer.
The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist.