§1 Scope of application, definitions of terms

(1) The following General Terms and Conditions (hereinafter "GTC") of the online store under the website https://fashion-Wall.de, operated by Iduna Health & Beauty GmbH (hereinafter "Seller" or "We"), shall apply to all contracts concluded between us and a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online store in the version valid at the time of the order. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

(2) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§2 Conclusion of contract

(1) The following regulations on the conclusion of the contract apply to orders placed via our online store https://fashion-wall.de

(2) The presentation of the goods in our online store are non-binding and do not represent a legally binding contract offer on our part, but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store:

1) Selection of the desired goods,
2) Adding the products by clicking the appropriate button (e.g. "Add to cart", "Add to shopping bag", "Order", or similar),
3) Checking the information in the shopping cart,
4) Actuation by clicking on the corresponding es button (e.g. "checkout", "continue to checkout", "continue to payment", "go to order overview" or similar),
5) Entering/checking the address and contact details, selecting the payment method, confirming the GTC and cancellation policy or logging into the Internet store after registering and entering the login details (e-mail address and password),
6) Re-checking or correction of the respective data entered,
7) Completion of the order by clicking the button "order with costs", "buy", "buy now", or similar. This represents your binding order.

(4) The Seller may accept the Customer's offer within five days,

• by sending the customer a written order confirmation or order acknowledgement or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
• by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer's order has been placed.

If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

(5) In the event of conclusion of the contract, the contract shall be concluded with Iduna Health & Beauty GmbH, Beckers Garten 11, 53179 Bonn, Germany.

(6) Before placing the order, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been triggered by you, partly automatically. We do not store the contract text after conclusion of the contract.

(7) Before the binding sending of the order, the consumer can  The Customer may use the usual keyboard and mouse functions to return to the Internet page on which the Customer's data is recorded by pressing the "Back" button in the Internet browser used by the Customer after checking the Customer's data and correct input errors or cancel the order process by closing the Internet browser.

(8) Storage of the contract text for orders via our internet store : We store the contract text and send you the order data and our GTC by e-mail. You can also view the GTC at any time at https://www.fashion-wall.de/agb.html. Your past orders can be viewed in our customer area under My Account -> My Orders.

(9) Only the German language is available for the conclusion of the contract.

(10) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§3 Prices and terms of payment

(1)  Unless otherwise stated in the Seller's offer, the stated prices are final prices that include the statutory value-added tax. In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.

(2) In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).

(3) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the purchase price is due immediately with the order.

(4) The customer has several payment options available, which are indicated in the seller's online store.

§4 Delivery and shipping conditions

(1) The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the order processing of the seller is decisive.

(2) If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.

(3) The delivery time for all offered products is 7 to 10 business days after receipt of payment unless otherwise stated in the respective product description. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next business day.

§5 Return

(1) The return period is 14 working days from the date of receipt of the goods, provided that all items are returned in the condition in which they were received. This means the items must not be damaged, soiled, washed, altered or worn (except for fitting). In addition, all original tags and labels must be intact.

(2) The cost of return shipping must be borne by the buyer.

(3) Since underwear and swimwear are hygienic items, they are excluded from exchange. If the goods are still returned, the seller will send the goods back to the customer and charge this shipping.

(4) In case of return, send an e-mail beforehand to support@fashion-wall.de with the order number in the subject line to receive further information about the return.

§6 Retention, reservation of title

(1) The customer shall only have a right of set-off if its counterclaims have been legally established or acknowledged by us. The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.

(2) We retain title to the goods until the purchase price has been paid in full.

§7 Warranty

The statutory warranty regulations apply.

§8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance, which is described in § 3. Otherwise, claims for damages are excluded.

§9 Applicable law

(1) The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods.

In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

(2) If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in the aforementioned cases, the Seller shall in any case be entitled to invoke the court at the Customer's place of business.

§10  Right of withdrawal of the customer as a consumer:

Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the seller's cancellation policy.

§11 Severability clause

If individual provisions of this contract become invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and valid provisions whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.

Source: agb.de