Terms & Conditions
Superior Fashion - General Terms and Conditions
GENERAL TERMS AND CONDITIONS
§ 1 General
The SUPERIOR SHOPPING GmbH, c / o T. Felber, Lychener Strasse 76, 10437 Berlin, Germany, Telephone +49 30 23988315, firstname.lastname@example.org [hereinafter: "Superior" or "we"] operates at the Internet address https://superior.fashion an online platform [hereinafter: "Superior Fashion" or "platform"].
Superior offers commercial sellers [any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its independent professional or commercial activity; hereinafter: "seller"] and consumers [any natural person who concludes a legal transaction for purposes that are largely attributable to neither their commercial nor their independent professional activity; hereinafter: "consumer"] [collectively hereinafter: "participants"] via the platform the opportunity to sell and purchase high-quality designer fashion [hereinafter: "goods"].
The goods purchased via Superior Fashion are for your private use only. You agree that you will not use the goods for any commercial, business or re-sale purposes.
The following terms and conditions apply to all contracts that the participants conclude via the https://superior.fashion website. Deviating provisions of the participants will not be recognized unless their validity has been agreed in writing.
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.
We are neither obligated nor willing to participate in a dispute settlement procedure at a consumer arbitration board.
§ 2 Conclusion of the Contract
(1) Contracts concluded at https://superior.fashion only authorize and oblige the consumers and sellers involved, subject to the following provisions. Superior itself does not become a contractual partner of a purchase transaction.
(2) The payment of the purchase price is processed via Superior Fashion.
(3) The object of the contract is the sale of goods.
(4) The presentation of the goods on the platform does not constitute an offer by Superior Fashion to conclude a purchase contract.
(5) By sending the order form provided on https://superior.fashion, consumers are submitting a binding offer to conclude a purchase contract with the seller of the goods. The essential characteristics of the goods can be found in the respective offer. The offer is submitted by entering all the necessary information during the ordering process and finally sending the order form by clicking the "Send order" button. Before submitting the offer, consumers are given an overview of the information provided and the option to correct any input errors.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated via e-mail. Consumers must therefore ensure that the e-mail address they have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
(7) After we have received the order, we will send you an e-mail confirming that we have received the order and detailing the details of the order [hereinafter: "Order Confirmation"]. This order confirmation does not constitute a declaration of acceptance of the contract offer, but is for information only.
(8) The purchase contract between the consumer and the seller is only concluded when the seller accepts the offer by sending the ordered goods.
(9) Superior Fashion is entitled to reject an offer on the part of a consumer without stating reasons, especially if there is reasonable suspicion that the goods obtained from Superior Fashion are to be resold commercially.
§ 3 Right of Cancellation
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law (BGB).
Right of Cancellation
You may repeal your contract of purchase within 14 days without having to state reasons.
The cancellation period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, has taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered uniformly,
- on which you or a third party named by you, who is not the carrier, has taken possession of the last goods, provided you have ordered several goods as part of a single order and these are delivered separately,
- on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, provided that you have ordered a product that is delivered in several partial shipments or pieces.
To administer your right to cancel your order, you have to inform us, the SUPERIOR SHOPPING GmbH, c/o T. Felber, Lychener Straße 76, 10437 Berlin, Germany, Tel. +49 30 23988315, email@example.com, by sending us an explicit declaration (for example: by sending us a letter by mail or an e-mail) stating that you are repealing your contract of purchase. You may use the cancellation template Cancellation Form, however, it is not mandatory to use this template.
It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.
We reserve the right to withhold the reimbursement until the seller has received the returned items or until we have received your notification that you have returned the items, whichever comes first.
The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The deadline will be granted if the items are sent back within fourteen days.
You bear the direct costs of returning goods that can be sent by parcel as well as the direct costs of returning goods that cannot be sent by parcel. The cost of goods that cannot be sent as a parcel is estimated at around EUR 15.
You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
Reasons to terminate the Cancellation Policy
The cancellation policy is only in place if the product bought hasn't been customised or altered. Personalisation of garments renders the cancellation policy inactive.
END OF ADVISORY
If you like to repeal your contract of purchase, please complete this form and send it back to us.
Send the Cancellation Form to:
- Mail to: SUPERIOR SHOPPING GmbH, c/o T. Felber, Lychener Str. 76, 10437 Berlin, Germany
- E-Mail to: firstname.lastname@example.org
I/we(*) hereby cancel my/our(*) contract of purchase for the following item(s):
Ordered on(*) /Received on(*):
Recipient’s signature (only necessary if sending a hard copy):
(*) Please circle all that apply.
§ 4 Prices, Payment Modalities
(1) All prices are in Euros (EUR). Payments and refunds are settled in Euros (EUR).
(2) The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
(3) The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you, unless free delivery is promised.
(4) If the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, e.g. customs duties, taxes, or money transfer fees (bank transfer or exchange rate fees) to be borne by you.
(5) The costs of money transfer (bank transfer or exchange fees) are to be borne by you in cases in which the delivery is made to an EU member state but the payment was initiated outside the European Union.
(6) The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
(7) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
(8) In case you use the payment method "Payment in Advance" the delivery takes place only after the full amount has been credited to our account.
(9) For more details see Payment & Shipping.
§ 5 Delivery Conditions
(1) The goods presented on Superior Fashion are always sent to the consumer by the respective seller.
(2) The delivery conditions, the delivery date and any existing delivery restrictions can be found under a "Delivery Details" labeled field on our website or in the respective offer.
(3) Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or someone else to carry out the shipment.
(4) If you are an entrepreneur, delivery and dispatch are at your own risk.
§ 6 Right of Retention, Retention of Title, Offsetting
(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.
(2) The goods remain the property of the seller until the purchase price has been paid in full.
(3) Offsetting by the consumer is excluded unless the counterclaim has been legally established, is ready for decision or is undisputed, or includes a claim for compensation for defect removal costs from the same contractual relationship.
§ 7 Warranty
(1) The statutory provisions apply to claims due to defects in the delivered goods, with the exception that a claim for damages due to a defect only exists in accordance with the following § 8.
(2) As a consumer, you are asked to immediately check the goods for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
§ 8 Liability
(1) We attempt to be as accurate as possible in the description of the goods displayed on our platform. However, as the descriptions are based on information provided to us by the seller, who remain responsible for information, we cannot guarantee that all details are always accurate, complete or error free. Unfortunately we have no possibility of checking that information is correct. The same applies to other information contained on the website and made available by third parties.
The images of the goods on our platform are for illustrative purposes only, and although we attempt to display colours accurately, we cannot guarantee that your computer's display of the images accurately reflects the true colour of the products.
(2) We and the seller are fully liable for intent and gross negligence. In the event of a slightly negligent breach of a main performance obligation or an ancillary obligation, the violation of which jeopardizes the achievement of the contract purpose or the fulfillment of which enables the proper execution of the contract in the first place and the compliance of which the consumer could trust ("essential obligation"), is our liability as well seller's liability limited to foreseeable, contract-typical damage. We and the seller are not liable for the slightly negligent breach of contractual obligations that are not part of the essential obligations.
(3) Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.
(4) Insofar as the liability of Superior Fashion and the seller is excluded or limited, this also applies to the personal liability of employees, workers, other staff, representatives and vicarious agents.
§ 9 Cooperation with External Service Providers
§ 10 Contract Language, Contract Text Storage
(1) The contract language is German.
(2) We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms & Conditions will be sent to you again by email.
(3) If you have a request for a quote outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.
§ 11 Choice of Law, Effectiveness
(1) For all legal disputes arising from or in connection with the purchase contract, German law applies exclusively, excluding the UN sales law.
(2) Should one or more provisions be ineffective, this does not affect the effectiveness of the remaining provisions.
(3) These “General Terms & Conditions” are a translation of the "AGB / Allgemeine Geschäftsbedingungen". They are provided for the customer’s convenience only. Since the contractual language is German, German language is binding in all respects. Constructions, meanings or interpretations in German language shall prevail in case there is any inconsistency between the English (convenience version) and the German version (legally binding version) of all legal documents.
As of May 2020