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GENERAL TERMS AND CONDITIONS (GT&C)

of TK Store-Management GmbH (Seidensticker Online Shop) - as of 30/04/2020

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§ 1 APPLICABILITY

The following General Terms and Conditions shall apply to any and all business transactions between TK Store-Management GmbH, Herforder Straße 182-194, 33609 Bielefeld, Germany and the customer exclusively. They only refer to orders placed by consumers in the sense of Section 13 of the German Civil Code (BGB).

§ 2 CONCLUSION OF CONTRACT

  1. The Internet pages of TK Store-Management GmbH constitute no more than a sales brochure. By presenting the products on the Internet pages, TK Store-Management GmbH merely inviting the customer to submit purchase offers (orders). The order confirmation then transmitted by email does not yet establish a purchase agreement.
  2. A sales contract is only concluded upon our sending of our dispatch confirmation or at the latest with the delivery of the goods, which then represents the acceptance of the declaration by TK Store-Management GmbH.
  3. When ordering via our Seidensticker Online Shop, the ordering process comprises a total of four steps. In the first step the customer selects the desired goods. In the second step, the customer data including billing address and, if necessary, a delivery address (if different from the billing address) will/must be entered. In the third step, the payment method is selected. In the last step, you will be given the opportunity to check all details (e.g. name, address, method of payment, items ordered) once again and correct them if necessary before the order is sent to us by clicking on "Buy".
  4. Orders by mail, telephone, fax or email are not possible. Goods can only be sold in quantities customary in households. TK Store-Management GmbH does not accept orders from customers who have not yet reached the age of 18.

§ 3 Right of Cancellation

Consumers have a right to cancel the purchase agreement within thirty days.

Cancellation Policy

Right of cancellation:

You have the right to cancel this contract within thirty days without giving reasons. The cancellation period is thirty days from the day on which you or a third party designated by you, other than the shipper, took possession of the goods.

In order to exercise your right of cancellation, you must inform us (TK Store-Management GmbH, Seidensticker Online Shop, Herforder Straße 182- 194, 33609 Bielefeld, Germany, email: shop@seidensticker.com) by means of a clear declaration (e.g. a letter sent by post, a fax or email or by using the parcel label to be attached to the return consignment for returns) about your decision to cancel this contract. You can use the sample cancellation form https://www.seidensticker.com/at/en/cancellation-form, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of cancellation:

If you cancel this agreement, we shall refund all payments we have received from you promptly, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheaper standard delivery offered by us), and no later than fourteen days from the date on which we have received notice of your cancellation of this agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund. We may refuse to make this refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us without delay and in any case within thirty days at the latest from the day on which you inform us of the cancellation of this agreement. The deadline is met if you send the goods before the expiry of the thirty-day period.

We shall bear the direct costs of returning the goods. You will be liable to pay only for any loss of value that the goods may have suffered insofar as such loss of value can be traced back to any handling that was not necessary in order to check the properties, quality and functionality of the goods.

 

Sample cancellation form

(If you wish to cancel the agreement, please fill out and return this form, alternatively the sample cancellation form is also available at https://www.seidensticker.com/at/en/cancellation-form)

To TK-Store-Management GmbH, Herforder Str. 182-194, 33609 Bielefeld, shop@seidensticker.com

We (*) hereby cancel the agreement concluded by me/us (*) for the purchase of the following goods (*)/

  • Ordered on (*) Received on (*)
  • Name of the consumer
  • Address of the consumer
  • Signature of the consumer (only in case of communication on paper)
  • Date

(*) Delete as appropriate

 

End of the cancellation policy

 2. The right of cancellation does not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

§ 4 DELIVERY

  1. The cost of delivery depends on the delivery country. Please find the amount of costs here: https://www.seidensticker.com/eu/en/faq#accordion-2
    The transfer of risk shall only occur when the goods are handed over to the customer. Delivery is only possible to the countries listed in our FAQ:  https://www.seidensticker.com/eu/en/faq#accordion-2
  2. The delivery period is approx. 1-3 working days, in the case of immediate bank transfer/prepayment 1-3 working days after receipt of payment. If TK Store-Management GmbH discovers during the processing of the order that the ordered products are not available, the customer will be informed accordingly by email. No agreement shall be concluded for the unavailable goods.
  3. In the case of a cancellation (see § 3) the return of the goods with the attached package sticker is also sufficient for returns.

§ 5 PRICES AND SHIPPING COSTS

  1. All prices indicated on the seller's website include VAT at the statutory rate.
  2. The dispatch is free of charge for the customer. In the event of a cancellation, the customer shall only be required to bear the costs of returning the goods if they do not use the enclosed return label for this purpose.

§ 6 WARRANTY

The consumer is protected by a warranty for defects in the purchased goods according to the legal provisions of Sections 437 et seq. of the German Civil Code (BGB). In particular, the customer may demand subsequent performance (new delivery or removal of defects). However, TK Store-Management GmbH is entitled to refer the customer to a new delivery if the removal of the defect would involve disproportionate effort. All warranty claims expire two years from the date of delivery of the goods. When asserting claims under warranty, the customer must indicate the relevant order number, his/her name, address and email address, as well as a brief description of the grounds for the claim. At the request of TK Store-Management GmbH, the customer shall send the defective goods to the following address for inspection at the expense and risk of TK Store-Management GmbH:

DHL Fashion Retail Operations GmbH
- Halle 1 / Seidensticker / B2C Retouren -
Regioparkring 30
41199 Mönchengladbach
Germany

§ 7 PAYMENT METHODS

TK Store-Management GmbH accepts the following payment methods during the ordering process

  • PayPal
  • Prepayment
  • Purchase on account in cooperation with Klarna

 In cooperation with Klarna AB (publ), Sveavägen 46, S-11134 Stockholm, Sweden (independent invoicing company) we offer the following payment options. The payment is made to Klarna in each case:

  • Purchase on account: The payment period is 14 days from the date of dispatch of the goods. The complete GTCs for purchase on account for deliveries to Germany can be found here and for deliveries to Austria here.
  • Instalments (only available for Germany): Klarna's financing service allows you to pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of EUR 6.95) or under the conditions otherwise specified in the checkout. Payment of the instalments is due at the end of each month after Klarna has sent a monthly invoice. For more information on payment by instalments, including the General Service Terms and the Standard European Consumer Credit Information, see here.
  • Right away: Your account will be debited immediately after placing the order.
  • Credit card (Visa/ Mastercard)
  • Direct debit: The direct debit takes place after dispatch of the goods. You will be informed of the exact point in time by email.

The use of the payment methods purchase on account, instalment purchase and direct debit requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness verifications in the context of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's Terms of Use for Germany can be found here and for Austria here. General information about Klarna can be found here. Your personal data will be treated in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy for Germany/Austria.

§ 8 RETENTION OF TITLE

The delivered goods shall remain the property of TK Store-Management GmbH until full payment has been received.

§ 9 Right of Retention

The customer is only entitled to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 10 DATA PROTECTION AND DATA SECURITY

The customer's personal data that become known to TK Store-Management GmbH in the course of a business relationship are stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially.

The data are used and processed exclusively within the framework of the applicable data protection laws. A transfer to third parties for general advertising purposes or market and opinion research is excluded.

If, after processing, information on the customer account about the stored data is desired, this is possible in writing or by email to

shop@seidensticker.com

All data is transmitted SSL-encrypted and thus secured during transmission on the Internet.

§ 11 Storage of the Order Text

The text of the contract is stored on our internal systems. The order data and a link to the GTCs will be sent to you by email after the goods have been shipped.

You can view the general terms and conditions applicable at the time of your order at any time via the link in your shipping confirmation email.

After completion of the order, your order data, for security reasons, are accessible over the Internet only in your customer account.

§ 12 ONLINE DISPUTE RESOLUTION AND CONSUMER ARBITRATION

  1. Online dispute resolution according to Art. 14(1) of the EU Regulation on Online Dispute Resolution:
    The European Commission provides an online dispute resolution (ODR) platform, which you can access at http://ec.europa.eu/consumers/odr/.
  2. TK Store-Management GmbH is generally not willing or obliged to participate in dispute resolution procedures before a consumer arbitration board under the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).

§ 12 FINAL PROVISIONS

All contracts between TK Store-Management GmbH and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply insofar as it does not deprive the consumer of any mandatory consumer protection provisions of the state in which the consumer has their habitual residence at the time of the order.

§ 13 WEBSITE PROVIDER

The Seidensticker online shop is operated by

TK Store-Management GmbH
Herforder Straße 182-194
33609 Bielefeld
Germany
Email: shop@seidensticker.com

Managing Directors: Frank Seidensticker, Gerd Oliver Seidensticker, Dr. Silvia Bentzinger, Dr. Marc Barrantes
Local Court of Bielefeld HRB 39109
VAT identification number: DE256784039

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