GENERAL TERMS AND CONDITIONS (GT&C)
of TK Store-Management GmbH (Seidensticker Online Shop) - as of 07/11/2019Download PDF
§ 1 APPLICABILITY
For business transactions between TK Store-Management GmbH, Herforder Straße 182-194, 33609 Bielefeld, Germany, and the customer, the following general terms and conditions shall apply exclusively:
§ 2 CONCLUSION OF CONTRACT
- The websites of TK Store-Management GmbH constitute no more than a sales brochure. By displaying products on its websites, the TK Store-Management GmbH is merely inviting the customer to submit offers to purchase (orders). The confirmation of any such order subsequently transmitted by email does not yet establish any purchase agreement.
- A purchase agreement shall be established upon sending our shipment confirmation or, at the latest, upon delivery of the goods, which shall be considered by TK Store-Management GmbH to be acceptance of the declaration.
- For orders made through our Seidensticker online shop, the order process consists of a total of four steps. In the first step, the customer selects the product that they wish to purchase. In the second step, customer must enter his or her data, including their billing address, as well as delivery address if this is different. In the third step, the customer selects a payment method. The final step allows the customer an opportunity to check all information (e.g. name, address, payment method, product ordered) once more and to correct that information if necessary before sending the order to us by clicking “Buy”.
- Orders cannot be placed by mail, telephone, fax or email. Products will only be delivered in quantities appropriate to normal household use. TK Store-Management GmbH will not accept orders from customers under the age of 18.
§ 3 CANCELLATION POLICY
- Exclusions to cancellation rights:
The right of cancellation described below does not apply to contracts for the delivery of goods that have not been premanufactured or whose manufacture require an individual selection or stipulation on the part of the consumer or which are clearly customised to the personal needs of the consumer.
- Right of cancellation:
You have the right to cancel this agreement within thirty days without the need to give any reason. The withdrawal period is thirty days from the date on which you or a third party designated by you, other than the shipper, took possession of the goods.
To exercise your right of cancellation, you will need to inform us (TK Store-Management GmbH, Seidensticker Online Shop, Herforder Straße 182-194, 33609 Bielefeld, Germany, email: firstname.lastname@example.org ) through a clear declaration (e.g. via a communication sent by post, fax or email, or by returning the package label designed for the purpose) of your decision to cancel this agreement. You may use our cancellation form for this purpose, though this is not required. In order to comply with the withdrawal period, it will be deemed sufficient for you to send notification of your intention to exercise your right of cancellation before the withdrawal deadline.
- Consequences of cancellation
If you cancel this agreement, we must refund all payments we have received from you promptly, and at the latest within fourteen days after we have received the communication containing your decision to cancel this agreement, including delivery costs (with the exception of any additional costs in cases where you selected a different delivery method than the low-cost standard delivery that we offer). This refund will be made using the same payment method that you used for the original transaction unless expressly arranged otherwise; under no circumstances will you be charged any fee for this refund.
We may refuse to make this refund until we have received the goods back or until you have demonstrated that you have returned those goods, whichever happens earlier. You must return or hand over the goods promptly, and at the latest within thirty days of the date on which you informed us of your cancellation of this agreement. The deadline shall be met if you send the goods before a period of thirty days has elapsed.
We will assume 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 review the properties, qualities and functionality of the goods.
§ 4 DELIVERY
- Unless otherwise agreed, delivery will be conducted ex works to the delivery address indicated by the customer. Transfer of risk will take place upon handover of the goods to the customer.
- The delivery period shall be approx. 3-5 working days. In certain cases delivery can take up to 7 days. For express bank transfer/prepayment this period shall begin after receipt of payment. If TK Store-Management GmbH should discover during payment processing that the products ordered are not available, then it will inform the customer accordingly by email. No contract will be established for goods that are unavailable.
- In case of cancellation (see Section 3), return shipment of the goods using with the package label sent along with them will be deemed sufficient.
§ 5 PRICES AND SHIPPING COSTS
- All prices indicated on the seller’s website include VAT at the rate legally applicable to the relevant goods.
- The delivery charge for each order is EUR 5,95. In case of cancellation, the customer will only be responsible for the costs of return shipment of the goods if the return shipping label enclosed with the affected product is not used.
§ 6 WARRANTY
The consumer is protected by a warranty against defects in the purchased goods according to the statutory provisions of Sections 437 et seq. of the German Civil code (BGB). In particular, the customer may demand rectification (delivery of a replacement or removal of defects). However, TK Store-Management GmbH is entitled to refer its customers to the delivery of a replacement article removal of defects would involve a disproportionate amount of 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. Upon the request of TK Store-Management GmbH, the customer should send the defective goods to the following address, to be checked at the cost and risk of TK Store-Management GmbH:
DHL Fashion Retail Operations GmbH
- Halle 1 / Seidensticker / B2C Retouren -
§ 7 PAYMENT METHODS
TK Store-Management GmbH accepts the following payment methods in its order processes:
- Payment options in cooperation with Klarna
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Get first. Pay later (14 days): The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. The complete terms and conditions for deliveries to Germany you can find here and the complete terms and conditions for deliveries to Austria you can find here.
- Slice it (only available for Germany): With the financing service from Klarna you can pay your purchase in flexible monthly instalments of at least 1/24 of the total amount (at least 6.95 €) or else according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice it including terms and conditions and Standard European Consumer Credit Information you can find here.
- Pay now (Sofort direct banking): Your account will be debited directly after placement of your order.
- Credit Card (Visa/ Mastercard/ American Express)
- Direct Debit: Your account will be debited after shipment of the goods. You will be notified about the date by email.
The payment methods invoice, part payment and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. Further information and Klarnas user terms for Germany you can find here and for Austria here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas Klarna’s privacy notice for Germany/ Austria.
§ 8 RETENTION OF TITLE
All goods delivered will remain the property of TK Store-Management GmbH until full payment has been made.
§ 9 OFFSETTING, RETENTION
The customer shall be entitled to offset payments only on condition that his or her counterclaims have been legally confirmed or are uncontested by TK Store-Management GmbH. The customer shall be authorised to exercise a right of retention only insofar as his or her counterclaim is based on the same contractual relationship.
§ 10 DATA PROTECTION AND DATA SECURITY
The customer’s personal data disclosed to TK Store-Management GmbH in the context of a business relationship will be saved and may be potentially forwarded to associated companies in order to facilitate order processing. All data will of course be treated as confidential.
Such data will be used and processed only in accordance with the applicable data protection legislation. Data will not be forwarded to any third parties either for general marketing purposes or for market and opinion research.
Subsequent to order processing, if a disclosure should be required for a customer account, then that disclosure should be requested in writing or by email at: email@example.com
All data is transmitted using SSL encryption and is thus secured for transmission over the Internet.
§ 11 ONLINE DISPUTE RESOLUTION AND CONSUMER ARBITRATION
Online dispute resolution in accordance with Art. 14 (1) EU Regulation on ODR: The European Commission provides a platform for online dispute resolution, which you will find at http://ec.europa.eu/consumers/odr/. TK Store-Management GmbH is in principle neither willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 12 FINAL PROVISIONS
All contracts between TK Store-Management GmbH and the customer are subject to the laws of the Federal Republic of Germany, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. This choice of law shall apply only insofar as it has not been deprived of force by mandatory consumer protection provisions in force in the State in which the consumer habitually resides as of the date of ordering.