Terms and Conditions and Customer Information
1. Scope and Contractual Basis
(1) These Terms and Conditions (hereinafter “Terms and Conditions”) of SNAZZY CLOTHING GbR (hereinafter “Seller”) apply to all contracts that a consumer or trader (hereinafter “Buyer”) concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The Seller hereby objects to the inclusion of the customer's own terms and conditions, unless otherwise agreed.
(2) These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly provided otherwise in this respect.
(3) A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. A trader within the meaning of these Terms and Conditions is any natural or legal person or partnership with legal capacity that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
2. Conclusion of Contract
(1) The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Buyer to submit a binding offer.
(2) The Buyer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual cart and completing the electronic ordering process, the Buyer submits a legally binding contractual offer for the goods and/or services contained in the cart by clicking the button that completes the ordering process.
(3) The Seller may accept the Buyer's offer within five days by sending the Buyer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Buyer is decisive, or by delivering the ordered goods to the Buyer, in which case receipt of the goods by the Buyer is decisive, or by requesting payment from the Buyer after the Buyer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives first occurs. If the Seller does not accept the Buyer's offer within the aforementioned period, this is deemed a rejection of the offer, with the result that the Buyer is no longer bound by their declaration of intent.
(4) If the Buyer selects “PayPal Express” as the payment method during the online ordering process, they also issue a payment order to their payment service provider by clicking the button that completes the ordering process. In this case, notwithstanding Section 2.3, the Seller hereby declares in advance its acceptance of the Buyer's offer at the time at which the Buyer initiates the payment process by clicking the button that completes the ordering process.
(5) The period for accepting the offer begins on the day after the Buyer sends the offer and ends upon expiry of the fifth day following the sending of the offer.
(6) When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Buyer in text form (e.g. email, fax or letter) together with these Terms after the Buyer has sent their order. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Buyer via their password-protected customer account by entering the relevant login details, provided that the Buyer has created a customer account in the Seller's online shop before sending their order.
(7) Before submitting a binding order via the Seller's online order form, the Buyer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed once more in a confirmation window before the binding order is submitted and can also be corrected there using the usual keyboard and mouse functions.
(8) Only the German language is available for the conclusion of the contract.
(9) Order processing and contact usually take place via email and automated order processing. The Buyer must ensure that the email address they provide 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 Buyer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.
3. Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's Right of Withdrawal notice.
4. Prices and Payment Terms
(1) Unless otherwise stated in the Seller's offer, the prices quoted are final prices that include statutory VAT. Any additional delivery and shipping costs that may apply are stated separately in the respective product description. In the event of withdrawal of their declaration of intent to conclude the purchase contract, the Buyer must bear the regular costs of returning the goods as specified in more detail in the Right of Withdrawal notice attached below.
The Buyer is requested to return the goods in their original packaging.
(2) For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
(3) Various payment options are available to the Buyer, which are indicated in the Seller's online shop.
(4) If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
(5) Unless the Seller has agreed otherwise with the Buyer in writing, the purchase price owed by the Buyer is payable without deduction within 30 days after the invoice has been received by the Seller and the goods have been delivered.
(6) If the Buyer defaults on payment, the Seller is entitled to charge interest from that point in time at a rate of 5% above the applicable base rate of the European Central Bank (ECB). The Seller reserves the right to prove that higher damages have been incurred.
5. Delivery and Shipping Terms
(1) Delivery dates or delivery periods are non-binding information only, unless they have been expressly agreed as binding between the Seller and the Buyer.
(2) Goods are delivered by shipping to the delivery address specified by the Buyer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
(2) If the transport company returns the shipped goods to the Seller because delivery to the Buyer was not possible, the Buyer bears the costs of the unsuccessful shipment. This does not apply if the Buyer is not responsible for the circumstance that led to the impossibility of delivery, or if the Buyer was temporarily prevented from accepting the offered service, unless the Seller had given the Buyer reasonable advance notice of the service.
(3) Four weeks after a non-binding delivery date or non-binding delivery period has been exceeded, the Buyer may request in writing that delivery be made within a reasonable period. If the Seller culpably fails to meet a delivery date or delivery period that has been expressly agreed as binding, or is in default for any other reason, the Buyer must set a reasonable grace period for performance. If this grace period expires without result, the Buyer is entitled to rescind the purchase contract.
(4) Subject to the limitations set out in § 6 below, the Seller is otherwise liable to the Buyer in accordance with the statutory provisions if the contract is a fixed-date transaction, or if the Customer, as a result of a delay in delivery for which the Seller is responsible, is entitled to invoke the loss of their interest in the performance of the contract.
(5) The Seller is entitled to make partial deliveries and render partial performance at any time, provided this is reasonable for the Buyer.
§ 6 Rights in the Event of Delay and Defects; Liability
(1) Insofar as the delivered goods do not meet the
a) subjective requirements, i.e. do not have the quality agreed between the Seller and the Buyer, or are not suitable for the use presupposed under the contract, or are not handed over with the agreed accessories and the agreed instructions, such as assembly and installation instructions,
b) objective requirements, i.e. are not suitable for ordinary use, or do not have a quality that is customary for items of the same kind or that the Buyer can expect, taking into account the nature of the item and/or the public statements made by the Seller or another link in the contractual chain, or on their behalf, in particular in advertising or on the label, or do not correspond to the quality of a sample or specimen that the Seller made available to the Buyer before the conclusion of the contract, or are not handed over with the accessories, including packaging, assembly or installation instructions and other instructions, that the Buyer can expect to receive, or
c) assembly requirements (insofar as assembly is to be carried out),
the Seller is obliged to provide subsequent performance.
(2) Illustrations or drawings contained in brochures, advertisements and other offer documents are only approximate, unless the information they contain has been expressly designated as binding by the Seller; to that extent, deviations in the delivered goods also do not constitute a defect with regard to the objective requirements for the goods within the meaning of the preceding paragraph. The same applies if the Seller has expressly and separately agreed with the Buyer on a deviation from the objective requirements for the goods.
(3) The Seller is not subject to the obligation to provide subsequent performance if the Seller is entitled to refuse subsequent performance under the statutory provisions.
(4) Subsequent performance is provided, at the Buyer's option, by remedying the defect (repair) or by delivering new goods (replacement delivery). For this purpose, the Buyer must make the goods available to the Seller for subsequent performance. Furthermore, the Buyer must grant the Seller a reasonable period for subsequent performance. During subsequent performance, the Buyer is not entitled to reduce the purchase price or rescind the contract. If the Seller has attempted repair twice without success, the repair is deemed to have failed. If subsequent performance has failed, the Buyer is entitled, at their option, to reduce the purchase price or rescind the contract.
(5) The Buyer may only assert claims for damages on account of a defect once subsequent performance has failed. This does not affect the right to assert further claims for damages in accordance with the following paragraphs.
(6) The Seller is liable in accordance with the statutory provisions for injury to life, body or health resulting from a culpable breach of duty by the Seller, the Seller's legal representatives or the Seller's vicarious agents. Furthermore, the Seller is liable in accordance with the statutory provisions for other damage resulting from intentional or grossly negligent breaches of contract or from fraudulent intent on the part of the Seller, the Seller's legal representatives or the Seller's vicarious agents. Insofar as the German Product Liability Act (Produkthaftungsgesetz) applies, the Seller is liable without limitation in accordance with its provisions.
The Seller is also liable under a guarantee of quality and/or durability, insofar as the Seller has provided such a guarantee with regard to the delivered goods. If damage occurs that is attributable to the absence of the quality or durability guaranteed by the Seller, but this damage does not occur directly to the goods delivered by the Seller, the Seller is only liable for it if the risk of such damage is clearly covered by the guarantee of quality and durability.
(7) If damage resulting from delay or from a defect is attributable to a slightly negligent breach of a material contractual obligation, i.e. a slightly negligent breach of an obligation whose fulfillment is what makes the proper performance of the contract possible in the first place and on whose observance you as the Buyer may, as a rule, rely (such as timely delivery of the goods), liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for this type of contract. The same applies if the Buyer is entitled to claims for damages in lieu of performance.
(8) No further liability claims exist against the Seller, irrespective of the legal nature of the claims asserted by the Buyer against the Seller. This does not affect liability under paragraph 3 above.
6. Retention of Title
The delivered goods (goods subject to retention of title) remain the property of the Seller until all claims arising from this contract have been paid in full.
7. Liability for Defects
Statutory liability for defects applies.
8. Applicable Law
(1) The law of the Federal Republic of Germany applies to all legal relationships between the parties. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Nuremberg. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.
(2) If the Buyer is acting as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Buyer's registered office.
9. Contract Language
(1) Only the German language is available for the conclusion of the contract. The contract is concluded in German.
10. Dispute Resolution
(1) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
(2) In the event of complaints or problems, please contact us directly first at info@snazzy-clothing.com. We will do our best to find a quick and amicable solution.