General Business Terms

1 – GENERAL

(1) THE FOLLOWING GENERAL BUSINESS TERMS APPLY TO ALL DELIVERIES BETWEEN THE CONSUMERS AND US IN EFFECT AT THE TIME THE CONSUMER PLACED HIS/HER ORDER

(2) „CONSUMER“ FOR THE PURPOSE OF THESE GENERAL BUSINESS TERMS IS ANY NATURAL PERSON WHO ENTERS INTO A LEGAL TRANSACTION FOR A PURPOSE THAT CANNOT BE ATTRIBUTED TO HIS/HER COMMERCIAL OR INDEPENDENT PROFESSIONAL ACTIVITIES.

2 – CONCLUSION OF CONTRACT; STORAGE OF CONTRACTUAL TEXT

(1) IN CASE OF CONTRACT FORMATION THE CONTRACT IS BETWEEN

IN CASE OF CONTRACT FORMATION THE CONTRACT IS BETWEEN

F76 FASHION GMBH
LOFT 03
KALSCHEURENER STRASSE 19
50354 HÜRTH
DEUTSCHLAND
E-MAIL: INFO@CHICCHERIABRAND.COM

(2) THE PRESENTATION OF THE PRODUCTS IN OUR INTERNET SHOP DOES NOT CONSTITUTE A BINDING OFFER, BUT RATHER A NONBINDING INVITATION TOWARDS THE CONSUMER TO ORDER THE PRODUCTS. BY ORDERING THE DESIRED PRODUCTS THE CONSUMER MAKES A BINDING OFFER FOR THE CONCLUSION OF A PURCHASING CONTRACT.

(3) WHEN RECEIVING AN ORDER THROUGH OUR INTERNET SHOP FOLLOWING RULES APPLY: THE CONSUMER MAKES A BINDING OFFER FOR THE CONCLUSION OF A PURCHASING CONTRACT BY SUCCESSFULLY GOING THROUGH THE ORDERING PROCESS OF OUR INTERNET SHOP. THE ORDER IS PLACED BY THE FOLLOWING STEPS: 1) SELECTION OF DESIRED PRODUCTS 2) CONFIRMING BY PRESSING THE BUTTON „ORDER“ 3) REVIEW OF THE PRODUCTS IN THE SHOPPING BAG 4) CONFIRMING BY PRESSING THE BUTTON „CHECKOUT“ 5) REGISTRATION AT THE INTERNET SHOP BY ENTERING OF LOGIN DATA (EMAIL ADDRESS AND PASSWORD) 6) SECOND REVIEW OR CORRECTION OF THE ENTERED INFORMATION 7) BINDING BOOKING OF ORDER THE CONSUMER CAN BEFORE PLACING A BINDING ORDER BY USING THE „BACK“ BUTTON IN HI/HER BROWSER AFTER CHECKING HIS/HER DATA AND GO BACK TO THE MAIN PAGE, WHERE DATA OF THE CONSUMER IS FILLED IN AND CORRECT TYPE ERRORS OR BY CLOSING THE BROWSER CANCEL THE ORDERING PROCESS. WE CONFIRM THE RECEIPT OF ORDER IMMEDIATELY BY AN AUTOMATIC GENERATED EMAIL („ORDER CONFIRMATION“). IN DOING SO WE ACCEPT YOUR OFFER.

(4) STORAGE OF CONTRACTUAL TEXT WHEN PLACING AN ORDER VIA OUR INTERNET SHOP: WE STORE THE CONTRACTUAL TEXT AND SEND YOU ALL ORDER DETAILS AND OUR GENERAL BUSINESS TERMS VIA EMAIL. THE GENERAL BUSINESS TERMS CAN BE FOUND AT ALL TIMES ON OUR WEBSITE: HTTPS://CHICCHERIABRAND.COM/GENERAL-BUSINESS-TERMS-OF-F76-FASHION-GMBH YOUR EARLIER ORDERS CAN BE FOUND IN OUR CUSTOMER AREA AND MY ACCOUNT –> SEE MY ORDERS.

3 – PRICES, SHIPPING COSTS, PAYMENT, MATURITY

(1) THE PRICES STATED ON THE PRODUCT PAGES INCLUDE VAT AND OTHER PRICE COMPONENTS AND ARE EXCLUSIVE OF THE RESPECTIVE SHIPPING COSTS.

(2) THE CONSUMER CAN PAY VIA ADVANCE PAYMENT, INSTANT BANK TRANSFER, PAYPAL, CREDIT CARD (VISA, MASTERCARD, AMERICAN EXPRESS).

(3) DID THE CONSUMER CHOOSE TO PAY VIA ADVANCE PAYMENT HE/SHE IS OBLIGED TO PAY THE PURCHASE PRICE IMMEDIATELY AFTER PLACING THE ORDER. IN CASE WE OFFER CASH ON DELIVERY THE AMOUNT OF THE ORDER IS DUE WHEN RECEIVING THE GOODS.

(4) IF THE CONSUMER HAS CHOSEN TO PAY IN ADVANCE, HE UNDERTAKES TO PAY THE PURCHASE PRICE IMMEDIATELY AFTER COMPLETION OF THE ORDER. THE GOODS WILL NOT BE SHIPPED BEFORE PAYMENT. AS FAR AS WE DELIVER BY CASH ON DELIVERY, THE DUE DATE OF THE PURCHASE PRICE CLAIM OCCURS WITH RECEIPT OF THE GOODS.
(5) WHEN PAYING BY CREDIT CARD, YOUR ACCOUNT WILL BE DEBITED UPON COMPLETION OF THE ORDER.

 

4 – RETENTION OF TITLE

WE RETAIN TITLE OF THE GOODS UNTIL THE BUYER HAS PAID THE FULL AMOUNT OF THE PURCHASE PRICE.

5 – RIGHT OF WITHDRAWAL

INSTRUCTIONS ON WITHDRAWAL

RIGHT OF WITHDRAWAL

YOU HAVE THE RIGHT TO WITHDRAW FROM THIS CONTRACT WITHIN 14 DAYS WITHOUT GIVING ANY REASON.

THE WITHDRAWAL PERIOD WILL EXPIRE AFTER 14 DAYS FROM THE DAY ON WHICH YOU ACQUIRE, OR A

THIRD PARTY OTHER THAN THE CARRIER AND INDICATED BY YOU ACQUIRES, PHYSICAL POSSESSION OF THE

GOODS.

TO EXERCISE THE RIGHT OF WITHDRAWAL, YOU MUST INFORM US ( F76 FASHION GMBH LOFT 03 KALSCHEURENER STRASSE 1 50354 HÜRTH DEUTSCHLAND, E-MAIL: INFO@CHICCHERIABRAND.COM) OF YOUR DECISION TO WITHDRAW FROM THIS CONTRACT BY AN UNEQUIVOCAL STATEMENT (E.G. A LETTER SENT BY POST OR E-MAIL). YOU MAY USE THE ATTACHED MODEL WITHDRAWAL FORM, BUT IT IS NOT OBLIGATORY.

TO MEET THE WITHDRAWAL DEADLINE, IT IS SUFFICIENT FOR YOU TO SEND YOUR COMMUNICATION CONCERNING YOUR EXERCISE OF THE RIGHT OF WITHDRAWAL BEFORE THE WITHDRAWAL PERIOD HAS EXPIRED.

EFFECTS OF WITHDRAWAL

IF YOU WITHDRAW FROM THIS CONTRACT, WE SHALL REIMBURSE TO YOU ALL PAYMENTS RECEIVED FROM YOU, INCLUDING THE COSTS OF DELIVERY (WITH THE EXCEPTION OF THE SUPPLEMENTARY COSTS RESULTING FROM YOUR CHOICE OF A TYPE OF DELIVERY OTHER THAN THE LEAST EXPENSIVE TYPE OF STANDARD DELIVERY OFFERED BY US), WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS FROM THE DAY ON WHICH WE ARE INFORMED ABOUT YOUR DECISION TO WITHDRAW FROM THIS CONTRACT. WE WILL CARRY OUT SUCH REIMBURSEMENT USING THE SAME MEANS OF PAYMENT AS YOU USED FOR THE INITIAL TRANSACTION, UNLESS YOU HAVE EXPRESSLY AGREED OTHERWISE; IN ANY EVENT, YOU WILL NOT INCUR ANY FEES AS A RESULT OF SUCH REIMBURSEMENT. WE MAY WITHHOLD REIMBURSEMENT UNTIL WE HAVE RECEIVED THE GOODS BACK OR YOU HAVE SUPPLIED EVIDENCE OF HAVING SENT BACK THE GOODS, WHICHEVER IS THE EARLIEST.

YOU SHALL SEND BACK THE GOODS OR HAND THEM OVER TO US, WITHOUT UNDUE DELAY AND IN ANY EVENT NOT LATER THAN 14 DAYS FROM THE DAY ON WHICH YOU COMMUNICATE YOUR WITHDRAWAL FROM THIS CONTRACT TO US. THE DEADLINE IS MET IF YOU SEND BACK THE GOODS BEFORE THE PERIOD OF 14 DAYS HAS EXPIRED. YOU WILL HAVE TO BEAR THE DIRECT COST OF RETURNING THE GOODS. YOU ARE ONLY LIABLE FOR ANY DIMINISHED VALUE OF THE GOODS RESULTING FROM THE HANDLING OTHER THAN WHAT IS NECESSARY TO ESTABLISH THE NATURE, CHARACTERISTICS AND FUNCTIONING OF THE GOODS.

MODEL WITHDRAWAL FORM

(COMPLETE AND RETURN THIS FORM ONLY IF YOU WISH TO WITHDRAW FROM THE CONTRACT)

– TO

F76 FASHION GMBH

KALSCHEURENER STRASSE 19

50354 HÜRTH
DEUTSCHLAND

E-MAIL: INFO@CHICCHERIABRAND.COM

– I/WE (*) HEREBY GIVE NOTICE THAT I/WE (*) WITHDRAW FROM MY/OUR (*) CONTRACT OF SALE OF THE

FOLLOWING GOODS (*)/FOR THE PROVISION OF THE FOLLOWING SERVICE (*),

– ORDERED ON (*)/RECEIVED ON (*),

– NAME OF CONSUMER(S),

– ADDRESS OF CONSUMER(S),

– SIGNATURE OF CONSUMER(S) (ONLY IF THIS FORM IS NOTIFIED ON PAPER),

– DATE

___________

(*) DELETE AS APPROPRIATE

 

6 – WARRANTY

THE WARRANTY RIGHTS OF THE CUSTOMER ARE BASED ON THE GENERAL STATUTORY PROVISIONS.

7 – DISCLAIMER

(1) CLAIMS FOR DAMAGES OF THE CUSTOMER ARE EXCLUDED, UNLESS OTHERWISE STATED BELOW. THE ABOVE EXCLUSION OF LIABILITY ALSO APPLIES IN FAVOR OF THE LEGAL REPRESENTATIVES AND VICARIOUS AGENTS OF THE PROVIDER, IF THE CUSTOMER CLAIMS AGAINST THEM.

(2) EXCLUDED FROM THE EXCLUSION OF LIABILITY SPECIFIED IN SECTION 1 ARE CLAIMS FOR DAMAGES DUE TO INJURY TO LIFE, LIMB, HEALTH AND CLAIMS FOR DAMAGES RESULTING FROM THE VIOLATION OF ESSENTIAL CONTRACTUAL OBLIGATIONS. SIGNIFICANT CONTRACTUAL OBLIGATIONS ARE THOSE WHOSE FULFILLMENT IS NECESSARY TO ACHIEVE THE OBJECTIVE OF THE CONTRACT, EG. B. THE PROVIDER HAS TO GIVE THE CUSTOMER THE THING FREE OF MATERIAL AND LEGAL DEFECTS AND TO PROCURE THE PROPERTY TO HER. ALSO EXCLUDED FROM THE DISCLAIMER IS THE LIABILITY FOR DAMAGES BASED ON AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY THE PROVIDER, ITS LEGAL REPRESENTATIVES OR VICARIOUS AGENTS.

(3) PROVISIONS OF THE PRODUCT LIABILITY ACT (PRODHAFTG) REMAIN UNAFFECTED.

8 – CANCELLATION AND RETURN

(1) IN THE CASE OF ERRONEOUSLY MADE ORDERS, IF APPLICABLE, CONTRACTS CONCLUDED BY MISTAKE, THE CUSTOMER HAS THE POSSIBILITY TO CANCEL THE ORDER. IN THIS CASE, IT IS NECESSARY TO CONTACT THE PROVIDER IMMEDIATELY AND TO INFORM HIM ABOUT THE CIRCUMSTANCES. THE CANCELLATION TAKES PLACE VIA THE BACKEND ADMINISTRATION OF THE ONLINE SHOP OF THE PROVIDER.

(2) THE CANCELED ORDER WILL NOT BE DELIVERED AND THE PURCHASE CONTRACT WILL BE CONSIDERED INCOMPLETE.

(3) IF THE CANCELLATION IS NOT REPORTED BY THE CUSTOMER UNTIL AFTER DELIVERY OF THE GOODS, IF IT IS NOT DUE TO A TECHNICAL FAULT OR IMPOSSIBLE IN CASE OF FORCE MAJEURE, THE CUSTOMER HAS THE POSSIBILITY TO WITHDRAW FROM THE CONTRACT. FOR THIS PURPOSE, THE PROVISIONS ON THE RIGHT OF REVOCATION DESCRIBED IN § 5 OF THESE GTC APPLY.

(4) IF THE CUSTOMER HAS ALREADY PAID THE DUE PURCHASE AMOUNT BEFORE THE ORDER HAS BEEN CANCELED, THE VENDOR HAS TO REFUND THE PURCHASE AMOUNT IMMEDIATELY. SUCH A REFUND WILL BE MADE USING THE SAME PAYMENT METHOD CHOSEN BY THE CUSTOMER ON THE CANCELED ORDER.

(5) IF THE CUSTOMER WISHES TO RETURN THE GOODS DUE TO A DEFECT OR A SHIPPING ERROR, HE HAS THE OPPORTUNITY TO EXCHANGE THE GOODS. FOR THIS PURPOSE HE NEEDS TO INFORM THE SUPPLIER IMMEDIATELY.

(6) IF THE CUSTOMER WISHES TO RETURN AN ORDER WITHOUT STATING THE REASON, THE PROVISIONS ON THE RIGHT OF REVOCATION DESCRIBED IN § 5 OF THESE GTC APPLY

 

CHOICE OF LAW, PLACE OF JURISDICTION, CONRECT LANGUAGE

(1) THE LAW OF THE FEDERAL REPUBLIC OF GERMANY APPLIES TO THE CONTRACTUAL RELATIONS BETWEEN THE SUPPLIER AND THE CUSTOMER. EXCLUDED FROM THIS CHOICE OF LAW ARE THE MANDATORY CONSUMER PROTECTION REGULATIONS OF THE COUNTRY IN WHICH THE CUSTOMER HAS HIS HABITUAL RESIDENCE. THE APPLICATION OF THE UN SALES CONVENTION IS EXCLUDED.
(2) JURISDICTION FOR ALL DISPUTES ARISING FROM THE CONTRACTUAL RELATIONSHIP BETWEEN THE CUSTOMER AND THE PROVIDER IS THE DOMICILE OF THE PROVIDER, IF THE CUSTOMER IS A MERCHANT, A LEGAL ENTITY UNDER PUBLIC LAW OR A SPECIAL FUND UNDER PUBLIC LAW.

(3) CONTRACT LANGUAGES ARE GERMAN AND ENGLISH.

CUSTOMER INFORMATION

1. INFORMATION ABOUT THE TECHNICAL STEPS LEADING TO THE CONCLUSION OF THE CONTRACT

FOR THE SUBMISSION OF AN OFFER IN OUR INTERNET SHOP, THE CUSTOMER MUST GO THROUGH THE FOLLOWING TECHNICAL STEPS:

INSERT THE DESIRED ARTICLE INTO THE VIRTUAL SHOPPING CART
ENTER BILLING AND DELIVERY ADDRESS
SELECTION OF THE DESIRED PAYMENT METHOD
SUMMARY OF ORDER DATA
SENDING THE ORDER

THE ACCEPTANCE IS ACCORDING TO OUR TERMS AND CONDITIONS.

2. INFORMATION ON THE STORAGE OF THE CONTRACT TEXT

2.1 THE CONTRACT TEXT IS STORED ON OUR INTERNAL SYSTEMS AND IS NOT ACCESSIBLE TO YOU THERE.

3. INFORMATION ABOUT THE TECHNICAL MEANS TO DETECT AND CORRECT INPUT ERRORS

3.1 YOU CAN CHECK YOUR ENTRIES BEFORE SUBMITTING A BINDING ORDER AND CORRECT THEM CONTINUOUSLY USING THE STANDARD KEYBOARD AND MOUSE FUNCTIONS IN THE CORRESPONDING INPUT FIELDS.

3.2 IN ADDITION, ALL ENTRIES BEFORE THE BINDING SUBMISSION OF THE ORDER ARE DISPLAYED AGAIN IN A CONFIRMATION WINDOW AND CAN ALSO BE CORRECTED THERE USING THE USUAL KEYBOARD AND MOUSE FUNCTION.

4. RIGHT OF WITHDRAWAL

CONSUMERS ARE IN PRINCIPLE ENTITLED TO A RIGHT OF WITHDRAWAL. FOR MORE INFORMATION ON THE RIGHT OF WITHDRAWAL ARISE FROM OUR CANCELLATION POLICY.

5. ONLINE DISPUTE RESOLUTION, ALTERNATIVE DISPUTE RESOLUTION

THE EUROPEAN COMMISSION PROVIDES AN ONLINE DISPUTE RESOLUTION (ODR) PLATFORM IT OPERATES

READY. THE PLATFORM CAN BE FOUND AT HTTPS://EC.EUROPA.EU/CONSUMERS/ODR/

THE SELLER IS NEITHER OBLIGED NOR WILLING TO PARTICIPATE IN A DISPUTE SETTLEMENT PROCEDURE BEFORE A CONSUMER ARBITRATION BOARD.