II. CUSTOMERS OF THE COMPANY IN THE SENSE OF THESE GENERAL TERMS AND CONDITIONS ARE BOTH CONSUMERS AND ENTREPRENEURS. ENTREPRENEURS IN THE SENSE OF § 14 BGB (GERMAN CIVIL CODE) ARE NATURAL OR LEGAL PERSONS OR PARTNERSHIPS WITH LEGAL CAPACITY WHO, WHEN CONCLUDING A LEGAL TRANSACTION, ACT IN THE EXERCISE OF THEIR COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITY. CONSUMERS IN THE SENSE OF § 13 BGB ARE NATURAL PERSONS WHO CONCLUDE A LEGAL TRANSACTION FOR A PURPOSE THAT CAN PREDOMINANTLY BE ATTRIBUTED NEITHER TO THEIR COMMERCIAL NOR TO THEIR INDEPENDENT PROFESSIONAL ACTIVITY.

III. CUSTOMERS IN GERMANY AND ABROAD ARE SUPPLIED.

§2 OFFERS AND CONCLUSION OF CONTRACT VIA THE COMPANY’S WEBSITE

I. ALL OFFERS OF THE COMPANY ARE SUBJECT TO CHANGE AND NON-BINDING. A CONTRACT BETWEEN THE COMPANY AND THE CUSTOMER IS ONLY CONCLUDED WHEN THE COMPANY ACCEPTS AN OFFER FROM A CUSTOMER. IN CASE OF SPELLING AND CALCULATION MISTAKES AS WELL AS ERRORS ON THE WEBSITE, THE COMPANY RESERVES THE RIGHT NOT TO ACCEPT AN ORDER.

II. IF A CUSTOMER PLACES AN ORDER ON THE COMPANY’S INTERNET SITE VIA THE INTERNET, THE COMPANY SHALL IMMEDIATELY CONFIRM RECEIPT OF THE ORDER. THIS CONFIRMATION OF RECEIPT OF THE ORDER DOES NOT CONSTITUTE AN ACCEPTANCE OF THE OFFER, BUT ONLY INFORMS THE CUSTOMER THAT HIS ORDER HAS BEEN RECEIVED BY THE COMPANY.

III. BY SENDING AN ORDER TO THE COMPANY VIA THE COMPANY’S WEBSITE, THE CUSTOMER SUBMITS AN OFFER TO CONCLUDE A PURCHASE CONTRACT WITH THE COMPANY. THE ACCEPTANCE OF THE OFFER AND THE CONCLUSION OF THE CONTRACT WITH THE COMPANY SHALL BE EFFECTED BY AN EXPRESS DECLARATION OF ACCEPTANCE BY E-MAIL OR BY SENDING THE ORDERED GOODS TO THE CUSTOMER. THE COMPANY IS ENTITLED TO ACCEPT THE CONTRACT OFFER MADE WITH THE ORDER VIA THE COMPANY’S WEBSITE WITHIN 5 DAYS OF RECEIPT OF THIS OFFER BY THE COMPANY BY MEANS OF AN EXPRESS DECLARATION OF ACCEPTANCE OR BY SENDING THE ORDERED GOODS.

§ 3 TERMS OF PAYMENT AND PRICES

I. THE PAYMENT OF THE GOODS ORDERED BY THE CUSTOMER SHALL BE MADE AT THE CUSTOMER’S OPTION BY ADVANCE PAYMENT OR PAYPAL. UNLESS OTHERWISE STATED BELOW, THE CUSTOMER’S PAYMENTS ARE DUE WITHIN 14 DAYS AFTER CONCLUSION OF THE CONTRACT AT THE LATEST. THE DEBIT OF THE CUSTOMER’S ACCOUNT TAKES PLACE AFTER THE EXECUTION OF THE PAYMENT PROCESS.

A) PAYMENT IN ADVANCE: THE BANK DETAILS WILL BE SENT TO THE CUSTOMER AFTER CONCLUSION OF THE CONTRACT.

B) PAYMENT BY PAYPAL: WHEN PAYING BY MEANS OF THE PAYMENT SERVICE PAYPAL, THE CUSTOMER HAS THE OPTION TO MAKE A PAYMENT FROM HIS PAYPAL ACCOUNT.

II. THE PRICE INDICATED IN THE PRESENTATION OF THE GOODS IN EACH CASE IS UNDERSTOOD AS THE TOTAL PRICE INCLUDING ANY APPLICABLE VAT (CURRENTLY 19%) AND OTHER PRICE COMPONENTS, BUT EXCLUDING DELIVERY AND SHIPPING COSTS.

§ 4 SHIPPING COSTS AND IMPORT DUTIES

I. IN ADDITION TO THE PURCHASE PRICE, THE COMPANY SHALL CHARGE THE CUSTOMER SHIPPING COSTS. THE AMOUNT OF THE SHIPPING COSTS CAN BE FOUND ON THE COMPANY’S WEBSITE. IN ADDITION, CUSTOMERS WILL BE CLEARLY INFORMED OF THE SHIPPING COSTS BEFORE SUBMITTING AN ORDER ON THE ORDER PAGE.

II. IN THE CASE OF DELIVERIES OF GOODS TO COUNTRIES OUTSIDE GERMANY, IMPORT DUTIES MAY BE INCURRED FOR THE IMPORT OF GOODS, WHICH SHALL BE BORNE BY THE CUSTOMER. THE AMOUNT OF IMPORT DUTIES VARIES IN DIFFERENT CUSTOMS AREAS. THE CUSTOMER IS RESPONSIBLE FOR THE PROPER PAYMENT OF ALL NECESSARY CUSTOMS DUTIES AND FEES.

§ 5 DEFAULT OF PAYMENT

IF THE CUSTOMER FAILS TO PAY IN RESPONSE TO A REMINDER ISSUED BY THE COMPANY AFTER THE DUE DATE, HE SHALL BE DEEMED TO BE IN DEFAULT AS A RESULT OF THE REMINDER. DURING THE PERIOD OF DEFAULT, THE CUSTOMER SHALL PAY INTEREST ON THE MONETARY DEBT AT A RATE OF 5% ABOVE THE PRIME RATE.

§ 6 DELIVERY, SHIPMENT IN SEVERAL PACKAGES

I. DELIVERY SHALL BE MADE TO THE DELIVERY ADDRESS SPECIFIED BY THE CUSTOMER AS PART OF THE ORDER. IF THE CUSTOMER/RECIPIENT SPECIFIES AN ALTERNATIVE DROP-OFF LOCATION TO THE SHIPPING SERVICE PROVIDER, THE LIABILITY FOR THE PACKAGE IS TRANSFERRED TO THE CUSTOMER/RECIPIENT. THE THEY SAY CLOTHING GBR DOES NOT TAKE OVER ANY LIABILITY IN THIS CASE.

II. THE COMPANY IS ENTITLED TO SEND THE GOODS IN SEVERAL PACKAGES TO THE CUSTOMER, IF THIS IS REASONABLE FOR THE CUSTOMER. ADDITIONAL SHIPPING COSTS RESULTING FROM THIS WILL BE BORNE BY THE COMPANY.

§ 7 DELIVERY TIMES

THE DISPATCH OF THE GOODS TAKES PLACE REGULARLY WITHIN TWO WORKING DAYS, IN INDIVIDUAL CASES HOWEVER AT THE LATEST 5 WORKING DAYS AFTER RECEIPT OF THE PAYMENT OF THE CUSTOMER WITH PAYMENT IN ADVANCE OR AFTER EXECUTION OF THE PAYMENT PROCEDURE WITH PAYMENT BY PAYPAL.

§ 8 TRANSFER OF RISK

I. IF THE CUSTOMER IS AN ENTREPRENEUR, THE RISK OF ACCIDENTAL LOSS AND ACCIDENTAL DETERIORATION OF THE GOODS SHALL PASS TO THE BUYER UPON HANDOVER, IN THE CASE OF A MAIL ORDER PURCHASE UPON DELIVERY OF THE GOODS TO THE FORWARDING AGENT, THE CARRIER OR ANY OTHER PERSON OR INSTITUTION DESIGNATED TO CARRY OUT THE SHIPMENT.

II. IF THE CUSTOMER IS A CONSUMER, THE RISK OF ACCIDENTAL LOSS OR ACCIDENTAL DETERIORATION OF THE SOLD ITEM SHALL NOT PASS TO THE BUYER UNTIL THE ITEM IS HANDED OVER, EVEN IN THE CASE OF A MAIL ORDER PURCHASE.

III. IT IS EQUAL TO THE HANDING OVER, IF THE BUYER IS IN THE DELAY OF THE ACCEPTANCE.

§ 9 RETENTION OF TITLE

I. THE DELIVERED GOODS REMAIN THE PROPERTY OF THE COMPANY UNTIL FULL PAYMENT HAS BEEN MADE.

II. VIS-À-VIS CUSTOMERS WHO ARE COMPANIES, THE COMPANY RETAINS OWNERSHIP UNTIL ALL CLAIMS TO WHICH WE ARE ENTITLED AGAINST THE BUYER FOR ANY LEGAL REASON ARISING FROM THE BUSINESS RELATIONSHIP HAVE BEEN FULFILLED.

III. THE CUSTOMER IS OBLIGED TO INFORM THE COMPANY IMMEDIATELY OF ANY SEIZURE OR OTHER IMPAIRMENT OF THE RESERVED GOODS BY THIRD PARTIES.

§ 10 RIGHT OF REVOCATION, COSTS OF RETURN IN CASE OF REVOCATION

I. CONSUMERS ARE ENTITLED TO THE STATUTORY RIGHT OF REVOCATION. THE COMPANY SHALL INFORM CUSTOMERS, AMONG OTHER THINGS, ON ITS WEBSITE ABOUT THE EXISTENCE OR NON-EXISTENCE OF A RIGHT OF REVOCATION AS WELL AS THE CONDITIONS, DETAILS OF THE EXERCISE, IN PARTICULAR THE NAME AND ADDRESS OF THE PERSON TO WHOM THE REVOCATION IS TO BE DECLARED, AND THE LEGAL CONSEQUENCES OF THE REVOCATION. A REVOCATION INSTRUCTION IN TEXT FORM IN ACCORDANCE WITH THE LEGAL REQUIREMENTS WILL ALSO BE COMMUNICATED TO THE CUSTOMERS WHEN ORDERING VIA THE INTERNET (SEE RIGHT OF REVOCATION).

II. CONSUMERS SHALL RETURN OR HAND OVER TO THE COMPANY GOODS WHICH, DUE TO THEIR NATURE, CAN BE RETURNED NORMALLY BY POST (INCLUDING PARCEL SERVICES) WITHOUT UNDUE DELAY AND IN ANY CASE NO LATER THAN WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH CONSUMERS NOTIFY THE COMPANY OF THE REVOCATION OF THIS CONTRACT. THE DEADLINE IS MET IF CONSUMERS SEND THE GOODS BEFORE THE EXPIRY OF THE PERIOD OF FOURTEEN DAYS. CONSUMERS SHALL BEAR THE DIRECT COSTS OF RETURNING THE GOODS.

III. THE RIGHT OF REVOCATION DOES NOT EXIST IN ACCORDANCE WITH § 312G ABS. 2 NO. 1 BGB IN PARTICULAR WITH REMOTE SALES CONTRACTS FOR THE SUPPLY OF GOODS, WHICH ARE NOT PREFABRICATED AND FOR WHOSE PRODUCTION AN INDIVIDUAL SELECTION OR DETERMINATION BY THE CONSUMER IS RELEVANT OR WHICH ARE CLEARLY CUT TO THE PERSONAL NEEDS OF THE CONSUMER.

§ 11 WARRANTY AND LIABILITY

THE WARRANTY RIGHTS OF THE CUSTOMER AND THE LIABILITY OF THE COMPANY SHALL BE GOVERNED BY THE STATUTORY PROVISIONS.

§ 12 DATA PROTECTION

I. THE COMPANY UNDERTAKES TO TREAT THE PERSONAL DATA OF THE CUSTOMERS CONFIDENTIALLY. THE COLLECTION, PROCESSING AND USE OF PERSONAL DATA SHALL BE CARRIED OUT IN ACCORDANCE WITH THE STATUTORY PROVISIONS. PERSONAL DATA WILL ONLY BE PASSED ON TO THIRD PARTIES WITHIN THE FRAMEWORK OF THE EXECUTION OF THE CONTRACT. THE DATA RECEIVED FROM THE CUSTOMER WILL BE COLLECTED, PROCESSED AND USED BY THE ENTREPRENEUR FOR THE EXECUTION OF THE CONTRACT.

II. CUSTOMERS CAN REQUEST THEIR PERSONAL DATA STORED BY THE ENTREPRENEUR AT ANY TIME. INFORMATION CAN ALSO BE PROVIDED BY E-MAIL. FOR THE DELETION OF USER INFORMATION WITHIN THE FRAMEWORK OF THE LEGAL PROVISIONS, CUSTOMERS CAN CONTACT THE COMPANY AT ANY TIME. FURTHER INFORMATION ON DATA PROTECTION CAN BE FOUND IN THE SEPARATE DATA PROTECTION DECLARATION.

§ 13 FINAL PROVISIONS, PLACE OF JURISDICTION, SEVERABILITY CLAUSE

I. THE LEGAL RELATIONSHIP BETWEEN THE CUSTOMER AND THE COMPANY SHALL BE GOVERNED BY GERMAN LAW TO THE EXCLUSION OF THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. IF PROVISIONS OF THE COUNTRY IN WHICH A CUSTOMER WHO IS A CONSUMER HAS HIS HABITUAL RESIDENCE PROVIDE FOR PROTECTION FOR CONSUMERS THAT DOES NOT EXIST IN GERMAN LAW, THESE PROVISIONS SHALL APPLY TO THE LEGAL RELATIONSHIP BETWEEN THIS CUSTOMER AND THE COMPANY.

II. IF THE CUSTOMER IS A MERCHANT, THE EXCLUSIVE PLACE OF JURISDICTION FOR ALL DISPUTES ARISING FROM THIS CONTRACT IS LEIPZIG. THE SAME SHALL APPLY IF THE CUSTOMER DOES NOT HAVE A GENERAL PLACE OF JURISDICTION IN GERMANY OR IF THE CUSTOMER’S PLACE OF RESIDENCE OR HABITUAL ABODE IS UNKNOWN AT THE TIME THE ACTION IS BROUGHT.

III. SHOULD INDIVIDUAL PROVISIONS OF THESE GENERAL TERMS AND CONDITIONS BE OR BECOME INVALID IN WHOLE OR IN PART, THIS SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS.

IV. CONTRACTS CAN BE CONCLUDED IN GERMAN OR ENGLISH.

RIGHT OF WITHDRAWAL

YOU HAVE THE RIGHT TO REVOKE THIS CONTRACT WITHIN FOURTEEN DAYS WITHOUT GIVING ANY REASON.
THE REVOCATION PERIOD IS FOURTEEN DAYS FROM THE DAY ON WHICH YOU OR A THIRD PARTY NAMED BY YOU, WHO IS NOT THE CARRIER, HAS OR HAS TAKEN POSSESSION OF THE GOODS.

TO EXERCISE YOUR RIGHT OF WITHDRAWAL, YOU MUST INFORM US (THEY SAY CLOTHING GBR WITH MARTIN BAHL AND MAXIMILIAN SCHILLING) BY MEANS OF A CLEAR STATEMENT (EG A LETTER SENT BY MAIL, BY E-MAIL) OF YOUR DECISION TO REVOKE THIS CONTRACT.

TO COMPLY WITH THE REVOCATION PERIOD, IT IS SUFFICIENT THAT YOU SEND THE NOTIFICATION OF THE EXERCISE OF THE RIGHT OF REVOCATION BEFORE THE EXPIRY OF THE REVOCATION PERIOD.

CONSEQUENCES OF THE REVOCATION

IF YOU REVOKE THIS CONTRACT, WE SHALL REIMBURSE YOU ALL PAYMENTS WE HAVE RECEIVED FROM YOU, INCLUDING DELIVERY COSTS (WITH THE EXCEPTION OF ADDITIONAL COSTS RESULTING FROM THE FACT THAT YOU HAVE CHOSEN A TYPE OF DELIVERY OTHER THAN THE MOST FAVORABLE STANDARD DELIVERY OFFERED BY US), WITHOUT UNDUE DELAY AND NO LATER THAN WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH WE RECEIVED THE NOTIFICATION OF YOUR REVOCATION OF THIS CONTRACT. FOR THIS REPAYMENT, WE WILL USE THE SAME MEANS OF PAYMENT THAT YOU USED FOR THE ORIGINAL TRANSACTION, UNLESS EXPRESSLY AGREED OTHERWISE WITH YOU; IN NO CASE WILL YOU BE CHARGED ANY FEES BECAUSE OF THIS REPAYMENT. WE MAY REFUSE REPAYMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR UNTIL YOU HAVE PROVIDED PROOF THAT YOU HAVE RETURNED THE GOODS, WHICHEVER IS THE EARLIER.

YOU MUST RETURN OR HAND OVER THE GOODS TO US WITHOUT UNDUE DELAY AND IN ANY CASE NO LATER THAN WITHIN FOURTEEN DAYS FROM THE DAY ON WHICH YOU NOTIFY US OF THE REVOCATION OF THIS CONTRACT. THE DEADLINE IS MET IF YOU SEND THE GOODS BEFORE THE EXPIRY OF THE PERIOD OF FOURTEEN DAYS.

FOR THE RETURN OF GOODS, THE CUSTOMER MUST BEAR THE RETURN SHIPPING COSTS THEMSELVES.

RETURNS ARE TO BE SENT TO:

THEY SAY CLOTHING GBR, ANSBACHER STRASSE 12, 04207 LEIPZIG, GERMANY.

YOU ONLY HAVE TO PAY FOR A POSSIBLE LOSS OF VALUE OF THE GOODS IF THIS LOSS OF VALUE IS DUE TO A HANDLING OF THE GOODS THAT IS NOT NECESSARY FOR THE EXAMINATION OF THE CONDITION, PROPERTIES AND FUNCTIONING OF THE GOODS.

END OF THE CANCELLATION POLICY