General Terms and Conditions with Customer Information
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. Payment Terms
7. Retention of Title
8. Warranty for Material Defects and Guarantee
9. Liability
10. Storage of the contract text
11. Place of jurisdiction, applicable law, contract language
1. Scope of application
1.1. The business relationship between FamilienCult GmbH & Co. KG, Engerser Str. 12, 56564 Neuwied (hereinafter referred to as the “Seller”) and the customer (hereinafter referred to as the “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2. You can contact our customer service for questions, complaints, and objections Monday through Friday from 10:00 a.m. to 6:00 p.m. and Saturday from 10:00 a.m. to 4:00 p.m. at the telephone number 0160-94483886 and by email at info@arlette-kaballo-shop.com.
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating terms and 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 products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not constitute a warranty or guarantee.
2.2. All offers are valid “while stocks last,” unless otherwise stated for the products. Errors excepted.
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 cart by clicking on the “Buy now” button. The product selection can be changed within the shopping cart, e.g. deleted. The customer can then proceed to the checkout within the shopping cart by clicking on the “Checkout” button.
3.2. By clicking on the “Place order” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser’s “back” function or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller will then send the customer an automatic confirmation of receipt by email, which will list the customer’s order again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has shipped the ordered product to the customer within 5 days, handed it over, or confirmed the shipment to the customer within 5 days with a second email, express order confirmation, or by sending the invoice.
3.4. If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If, despite the due date, payment has not been received by the seller within 10 calendar days of sending the order confirmation, even after a renewed request, the seller withdraws from the contract with the consequence that the order is void and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. Reservations for items paid for in advance are therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory value added tax.
4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately 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 refund any payments already made by the customer.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment terms
6.1. The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available payment methods 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 to process payments, e.g. PayPal, their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not exclude the seller from asserting further claims for damages caused by default.
6.6. The customer shall only be entitled to offset claims if their counterclaims have been legally established or recognized by the seller. The customer may 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. Statutory liability for defects applies unless deviated from by the following provisions.
8.2. Damage caused by improper or non-contractual actions on the part of the customer shall not give rise to any claims against the seller.
8.3. Rights in respect of material defects shall only exist in the case of significant defects. Customary or minor technically unavoidable deviations in quality, colors, designs, cut, and finish shall not be considered defects.
8.4. FamilienCult produces avant-garde and highly fashionable clothing. It is possible that selected cuts (e.g., sleeve length, sleeve width, deliberate used look, hems) and materials (e.g., deliberate partial destruction) do not comply with conventional textile industry specifications. Such deliberate stylistic elements do not constitute a defect.
8.5. In the event of obvious defects and transport damage, the customer is requested to report these to the seller immediately. This facilitates the seller’s possible assertion of further claims against suppliers and transporters. If the customer is a consumer, failure to do so has no effect on their warranty claims.
9. Liability
9.1. Notwithstanding other statutory requirements for claims, the following exclusions and limitations of liability shall apply to the Seller’s liability for damages.
9.2. The Seller shall be 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 jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for this type of contract. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above limitations of liability shall not apply in the event of injury to life, limb, or health, for a defect after assumption of a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
9.5. Insofar as the Seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order process.
10.2. The seller will also send the customer an order confirmation with all order details to the email address provided by the customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions, along with cancellation instructions and information on shipping costs and delivery and payment terms. 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. Final provisions
11.1. The place of jurisdiction and performance is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board. The law of the Federal Republic of Germany applies to the conclusion and execution of contracts. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.