General Terms and Conditions
Table of Contents1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Reservation of Proprietary Rights
8. Redemption of campaign vouchers
9. Redemption of gift vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Code of conduct
13. Information about online dispute resolution
Scope of Application
- These General Terms and Conditions of the company Styleboom Textilhandels GmbH & Co. KG (hereinafter referred to as "SellerĒ) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "ClientĒ) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Clientís own conditions is herewith objected to, unless other terms have been stipulated.
- Regarding the purchase of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
- For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
- A consumer pursuant to these Terms and Conditions is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
- Digital content in the sense of these General Terms and Conditions are all data not on a tangible medium which are produced in digital form and are supplied by the Seller by granting certain usage rights precisely defined in these General Terms and Conditions.
Conclusion of the Contract
- The product descriptions in the Sellerís online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
- The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by telephone, fax or e-mail.
The Seller may accept the Clientís offer within five days,
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the customer is decisive, or
- by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Clientís offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
- In case of an order via the Sellerís online order form, the text of the contract will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the text of the contract will be stored on the Seller's website and can be found by the Client via the password-protected customer account by entering the respective login information, provided that the Client has created a customer account in the Sellerís online shop prior to submitting his order.
Prior to submitting a binding order via the Sellerís online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better
recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
- The German and the English language are exclusively available for the conclusion of the contract.
- Order processing and contacting usually takes place via e-mail and automated order processing. It is the Clientís responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
Right to Cancel
- Consumers are entitled to the right to cancel.
- Detailed informations about the right to cancel are provided in the Sellerís instruction on cancellation.
Prices and Payment Conditions
- Unless otherwise stated in the Sellerís product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
- Payment can be made using one of the methods mentioned in the Sellerís online shop.
- If prepayment has been agreed upon, payment shall be due immediately upon conclusion of the contract.
Shipment and Delivery Conditions
- Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. During the processing of the transaction, the delivery address indicated in the Sellerís order processing is decisive.
- Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.
- Personal collection is not possible for logistical reasons.
Vouchers will be provided to the Client as follows:
- by e-mail
- by post
Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
- Should the object of purchase be deficient, statutory provisions shall apply.
Deviating hereof, for consumers the limitation period regarding warranty claims for used goods shall be one year from delivery of goods to the Client. The shortening of the limitation period does not apply,
- for a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building's defectiveness,
- for damages arising out of injuries to life, body or health, which result from intentional or negligent violation of the Sellerís duties or the intentional or negligent violation of duties by the legal representative or the vicarious agent of the user,
- for other damages resulting from intentional or grossly negligent violation of the Sellerís duties or the intentional or grossly negligent violation of duties by the legal representative or the vicarious agent of the user,
- if the Seller has fraudulently concealed the defect.
- The Client is asked to notify any obvious transport damages to the forwarding agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
Redemption of campaign vouchers
- Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchersĒ) can only be redeemed in the Sellerís online shop and only within the indicated time period.
- Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
- Campaign vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
- Only one campaign voucher can be redeemed per order.
- The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.
- If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
- The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
- The campaign voucher will not be redeemed, if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
- Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
Redemption of gift vouchers
- Vouchers which can be purchased via the Sellerís online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Sellerís online shop, unless otherwise stipulated in the voucher.
- Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift voucher purchase. Remaining assets will be credited to the Clientís voucher account.
- Gift vouchers can only be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
- Only one gift voucher can be redeemed per order.
- Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
- If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
- The gift voucher credit will not be redeemed in cash and is not subject to any interest.
- The gift voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the gift voucher in the Sellerís online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Sellerís place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract.. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Sellerís place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Clientís professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
Code of conduct
The Seller meets the quality standards of Trusted Shops, which can be viewed at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html
Alternative dispute resolution
- The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr. This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
- The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.