General Terms and Conditions of Trade (GTCT)
1. Contracting party, validity, registration as user
1.1 The contractual partner is F&M Feral Media - Falarz & Mieth GbR, Allersberger Str. 185 L1a, 90461 Nuremberg, Germany, Phone: 0049 / 911 / 93 73 094, Email: firstname.lastname@example.org. F&M Feral Media - Falarz & Mieth GbR runs this online store as Out Of Vogue.
1.2 Our General Terms and Conditions of Trade (GTCT) are an integral part of the contract and apply to all transactions, deliveries and services with you, including future transactions. The GTCT are fully accepted by you in the version valid at the time of the transaction. Any regulations deviating from these conditions, in particular also your possible business conditions, are hereby contradicted. These GTCT can be called up at any time on our website https://www.shop.outofvogue.de/shop/en/gtct
1.3 The customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a contract, acts in the exercise of a commercial or self-employed professional activity.
1.4 You can use our webshop either as a guest or as a registered customer. There is no right of use.
When using as a guest, you must temporarily store the data required for the purchase and shipping process as part of your order. The required data must be provided completely and truthfully. A customer account will not be set up for you in our webshop.
• Registered user:
Registration in our webshop is free of charge by completing the registration form available on our website (https://www.shop.outofvogue.de/account) electronically and sending it to us. The data required for registration must be provided completely and truthfully. After registration you can log into your customer account in our webshop. You can register by entering your e-mail address and a password. You are obliged to keep your password secret. You can change or delete your details at any time under "My account". You are solely responsible for updating your data.
2. Offers, order and conclusion of contract
2.2 You can only order from us as an adult (min. age 18 years).
2.3 The minimum order value is Euros 5.-
2.4 Collateral agreements are only effective if they are confirmed in writing.
2.5 We expressly reserve the right to make price changes, technical changes, errors, printing errors or prior sale.
In our webshop the prices are shown in EURO including the legal value added tax without discount and other discounts. The respective prices are valid at the time of the order. Any import sales taxes etc. customary in the country are to be borne by you. Please contact the responsible office before placing an order.
4.1 The purchase price including all costs is due upon conclusion of the contract; payments are to be made strictly net without discounts or other deductions, unless another method of payment has been expressly agreed in writing.
4.2 If the due date of payment is determined according to the calendar, you are already in default by default of the date. In the event of default, we shall be entitled to charge default interest to you as a consumer in the amount of 5% points or to you as a merchant in the amount of 9% points p.a. above the base interest rate announced by the European Central Bank. This shall not affect any further claims for damages.
4.3 Payment methods:
4.3.1 Prepayment: Before completing your order, select "Prepayment" as payment method. Then you transfer the relevant purchase sum to our specified account. The delivery of the ordered goods takes place after receipt of payment.
Our bank details:
F&M FERAL MEDIA GbR
Postbank Nürnberg (Germany)
IBAN: DE64 7601 0085 0048 2938 50
SWIFT (BIC): PBNKDEFFXXX
Important: Please state your order number as reason for payment in your bank transfer, so that we can assign the receipt of payment to your order.
4.3.2 PayPal Services: Via PayPal (PayPal (Europe) S.à r.l. et Cie, S.C.A. - 22-24 Boulevard Royal - L-2449 Luxembourg] we offer the following payment methods:
a) "PayPal": Before completing your order, select "PayPal" as payment method. Please follow the further instructions in the shop or from "PayPal". Before the final completion of your order you will be asked in a separate window by "PayPal" to initiate the payment. Once this payment process with "PayPal" is completed, you complete the actual order process. As soon as "PayPal" reports the receipt of payment, we deliver your order according to the regulations of these terms and conditions.
b) Credit card (via "PayPal"): Before completing your order, select "Credit card (a service of PayPal)", whereby we only accept the credit types of Visa and Mastercard. This payment option is processed via "PayPal". Please follow the further instructions in the shop or from "PayPal". Before the final completion of your order you will be asked in a separate window by "PayPal" to initiate payment, whereby "PayPal" will debit your credit card within 2 days after sending the order.
c) Further information on "PayPal" services in accordance with Section 4.3.2 a-b can be found at: https://www.PayPal.com/de/webapps/mpp/PayPal-plus. In addition, the respective general terms and conditions of "PayPal" (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full), to which reference is hereby made, apply to the payment options through the services of "PayPal".
4.3.3 Cash on delivery (only for deliveries within Germany): Before completing your order, select "cash on delivery" as payment method. You then pay directly to the deliverer upon receipt of the goods in cash. An additional fee of Euros 8.- will be charged for cash on delivery.
4.4 You may only offset our claims if your counterclaim is undisputed or a legally binding title exists. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
5. Retention of title
All deliveries are subject to retention of title. Only with the complete payment of the goods the ownership passes to you. Until that time, the goods may not be resold, pledged, assigned as security or encumbered with other rights.
6. Shipping costs
6.1 In addition to the value of the goods, the shipping costs stated on conclusion of the order are to be paid. From an order value of Euros 100.- (incl. VAT) we deliver free of charge within Germany.
6.2 The shipping costs - sorted by destination - can be found here: https://www.shop.outofvogue.de/shop/en/payment-and-dispatch
6.3 We bear the shipping risk if you are a consumer.
7.1 If the product you specify in the order is temporarily unavailable, we will also inform you immediately in the order confirmation. The same applies if a product is no longer available. If we are not able to deliver the ordered product through no fault of our own because our suppliers do not fulfil their obligations, we are entitled to terminate the contract with you. Your statutory claims remain unaffected.
7.2 If delivery to you is not possible for reasons within your sphere of responsibility, you shall bear the additional costs for the new delivery. You must ensure that the ordered product can be delivered to the relevant shipping address during normal business and delivery hours. Our courier is currently DPD and DHL and makes an attempt to deliver every delivery. If the messenger cannot reach you personally, he will leave the parcel with your neighbour. If the courier has not found any neighbours, the parcel will be stored at the courier's nearest branch/agency/packing station. You will then have up to 7 (seven) working days before the package is returned to us. If the contract is not rescinded, you will bear the additional costs for a new delivery.
7.3 The risk of accidental loss and accidental damage shall pass to you upon delivery of the product.
8. Right of revocation of the consumer, instruction on revocation
8.1 As a consumer, you have a statutory right of revocation when shopping in our web shop, which we will inform you about below:
8.1.1 Cancellation policy
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not a carrier, took or has taken possession of the goods.
To exercise your right of revocation, you must inform us (F&M Feral Media - Falarz & Mieth GbR, Allersberger Str. 185 L1a, 90461 Nuremberg, Germany, Email: email@example.com) by means of a clear declaration (e.g. a letter or email sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive 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; in no event will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
8.1.2 Cancellation form
In accordance with the statutory provisions, the seller informs the buyer as follows using the sample cancellation form:
Exemplary cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
- To F&M Feral Media - Falarz & Mieth GbR, Allersberger Str. 185 L1a, 90461 Nuremberg, Germany, Phone: 0049 / 911 / 93 73 094, Email: firstname.lastname@example.org
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if communicated on paper)
(*) Please delete everything that is not applicable
8.2 Exclusion or premature expiry of the right of revocation. There is no right of revocation:
• for deliveries of audio or video recordings (e.g. CD, LP, DVD, music or video cassettes) or computer software in sealed packaging, if the seal has been removed after delivery;
• for the delivery of newspapers, magazines or periodicals, with the exception of subscription contracts;
• for contracts for the provision of services in connection with leisure activities on a specific date or period (e.g. tickets for concerts and similar events);
• in the case of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
9. Warranty, limitations of liability
9.1 We shall be liable for defects in accordance with the statutory provisions, unless liability is excluded or limited in accordance with the following provision. An assignment of corresponding claims is excluded.
9.2 The following limitation of liability applies to any textile and printed products: Any minor differences in colour between illustrations and the delivered goods are due to technical reasons and do not constitute a defect. No liability is assumed for defects in textile products which are attributable to a violation of the care instructions. Textiles must be washed and dried before wearing according to the care instructions.
9.3 Unless otherwise agreed, the statutory warranty period of 24 months from delivery shall apply to defects. For notices of defects by merchants, the warranty period for goods delivered by us is 12 months.
9.4 You are obliged to allow us to inspect the defective goods.
If you are a merchant, you are entitled within the scope of the statutory provisions to demand subsequent performance in the form of rectification of defects or delivery of a defect-free item. We shall be entitled to choose the type of subsequent performance. If the subsequent performance fails, you are entitled to reduce the purchase price or to withdraw from the contract. The prerequisite for any warranty rights is that you duly fulfil all obligations to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code).
If you are a consumer, however, you have the choice of asserting your warranty by subsequent performance (repair or replacement), withdrawal from the contract or reduction of the purchase price. If you choose one of these warranty rights, you must first set us an appropriate period of grace, unless this is dispensable for legal reasons. However, we are entitled to refuse the type of subsequent performance chosen by you if this is only possible with disproportionate costs or if subsequent delivery is impossible for us.
9.5 There is no warranty obligation for damage caused by normal wear and tear or improper handling. If the goods are returned, we shall bear the risk and costs. Re-delivery of the goods shall also be at our expense.
9.6 Claims for damages are excluded. This does not apply to claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty on our part. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages arising from injury to life, body or health.
9.7 We are also not liable for permanent and uninterrupted availability of our webshop.
9.8 The above restrictions also apply in favour of our legal representatives and vicarious agents if claims are asserted directly against them.
We have licensed all packaging that arises in the context of business relations with you as the end consumer in accordance with the Packaging Ordinance.
11. Data protection
11.1 In handling your personal data, we comply with all provisions of the Basic Data Protection Ordinance (DSGVO), the Federal Data Protection Act (BDSG-neu) and the Telemedia Act (TMG) and are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws.
11.2 Further information on the type, scope, location and purpose of the collection, processing and use of personal data required for the execution of orders can be found in our data protection regulations at https://www.shop.outofvogue.de/shop/en/privacy
12. Alternative dispute resolution information
EU platform for out-of-court online dispute resolution: http://ec.europa.eu/consumers/odr/. For consumer disputes with us, the consumer dispute resolution body would be online arbitrators. Zentrum für Europäische Verbraucherschutz e.V., Bahnhofsplatz 3, 77694 Kehl, www.online-schlichter.de, Germany. However, we are not prepared or obliged to participate in a dispute settlement procedure before a consumer arbitration body.
13. Choice of Law / Place of Jurisdiction
13.1 To the extent permitted by law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you have your habitual residence remain unaffected.
13.2 If you do not have a general place of jurisdiction in Germany or transfer your domicile abroad after conclusion of the contract or your domicile is not known at the time the action is filed or if you buy from us as a merchant, the place of jurisdiction for disputes is the registered office of F&M Feral Media - Falarz & Mieth GbR.
Status: August 2018