General Terms And Conditions

    TERMS AND CONDITIONS

General Terms and Conditions of Business


General terms and conditions with customer information

(The following GTC also contain legal information on your rights in accordance with the provisions governing distance contracts and electronic business transactions.

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5 Delivery, availability of goods
6. terms of payment
7 Retention of title
8 Warranty for material defects and guarantee
9. liability
10 Storage of the contract text
11 Data protection
12. place of jurisdiction, applicable law, language of contract

1. scope of application
1.1 For the business relationship between CC Casual Couture GmbH, Am Mühlenbach 1, 21614 Buxtehude (hereinafter "Seller") and the customer (hereinafter "Customer") the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order.
1.2 You can reach us for questions, complaints and objections Monday - Friday from 11:00 a.m. to 6:00 p.m. under the telephone number 040/33389167 or by e-mail at cheers@casualcouture.de.
1.3 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor to his independent professional activity (§ 13 BGB).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogues and on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated in the products. In all other respects, errors are reserved.

3. order process and conclusion of contract
3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket by clicking on the[add to shopping basket] button. The customer can then proceed to the completion of the order process within the shopping basket using the button[Proceed to checkout].
3.2 Via the button[Buy] the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Required fields are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the request. The sales contract is only concluded when the seller has dispatched the ordered product within 2 days to the customer, handed it over or confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending the invoice.
3.4 Should the seller enable prepayment, the contract is concluded with the provision of the bank data and request for payment. If payment is not received by the Seller within 10 calendar days of the order confirmation being sent despite the due date even after renewed request, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore maximally for 10 calendar days.

4. prices and shipping costs
4.1 All prices quoted on the Seller's website are inclusive of the applicable statutory value-added tax.
4.2 In addition to the stated prices, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and in the course of the order process.

5 Delivery, availability of goods
5.1 Insofar as prepayment has been agreed, delivery shall take place upon receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3 Should the delivery of the goods fail through the fault of the buyer despite three attempts at delivery, the seller may withdraw from the contract. Any payments made will be reimbursed to the customer without delay.
5.4 If the ordered product is not available because the Seller is not supplied with this product by his supplier through no fault of his own, the Seller may withdraw from the contract. In this case, the seller will immediately inform the customer and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any consideration already paid.
5.5 Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. terms of payment
6.1 The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4 If the due date of payment is determined according to the calendar, the customer is already in default by default of the date. In this case, the customer shall pay the statutory default interest.
6.5 The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7 Retention of title
The delivered goods remain the property of the seller until full payment has been made.

8 Warranty for material defects and guarantee
8.1 The warranty is governed by statutory provisions.
8.2 A guarantee exists for the goods delivered by the seller only if this was expressly given. Customers are informed of the warranty conditions before initiating the order process.

9. liability
9.1 The following exclusions and limitations of liability apply to the seller's liability for damages without prejudice to the other statutory conditions for claims.
9.2 The seller is liable without limitation if the cause of damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the performance of which is essential for the proper performance of the contract and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, body and health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10 Storage of the contract text
10.1 The customer can print out the text of the contract before placing the order with the seller by using the print function of his browser in the last step of the order.
10.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation the customer also receives a copy of the General Terms and Conditions together with instructions on revocation and the information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.

11 Data protection
11.1 The seller processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.
11.2 Personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right, upon request and free of charge, to receive information about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, block or delete his personal data, unless there is a legal obligation to retain them.
11.4 Further information on the type, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data protection declaration.

12. place of jurisdiction, applicable law, language of contract
12.1 Place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, legal entity under public law or special fund under public law.
12.2 The contractual language is German.

13th Youth Protection Act
13.1 When selling goods which are subject to the regulations of the law for the protection of minors, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age. Existing age restrictions are indicated in the respective item description.
13.2 By submitting your order, you confirm that you have reached the legal minimum age and that your details regarding your name and address are correct. You are obliged to ensure that only yourself or persons authorized by you to accept the delivery who have reached the legally prescribed minimum age receive the goods.
13.3 Insofar as we are obliged by law to carry out an age check, we instruct the logistics service provider responsible for the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age and, in case of doubt, to have the identity card of the person receiving the goods presented for age check.
13.4 Insofar as we state in the respective item description that you must be 18 years of age or older in order to purchase the goods beyond the legally prescribed minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of age instead of the legally prescribed minimum age.

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