Terms of service

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping terms
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of AKH Fashion GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or trader (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by e-mail or by telephone.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or
• by requesting the Customer to pay after the Customer has placed their order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When ordering via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.5 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser’s magnification function, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the Customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.6 Different languages are available for the conclusion of the contract. The specific choice of language is displayed in the online shop.

2.7 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address they have provided for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may arise 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-related duties or taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing is decisive.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the outbound shipment if the Customer effectively exercises their right of withdrawal. With regard to the return shipping costs, the provision made in this respect in the Seller’s withdrawal instructions shall apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as a trader, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon handover of the goods to the Customer or a person authorised to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only in the event that the non-delivery is not the responsibility of the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5 Collection in person is not possible for logistical reasons.

6) Retention of title

If the Seller makes advance performance, he retains title to the delivered goods until full payment of the purchase price owed.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of the statutory liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a trader,

• the Seller has the choice of the type of subsequent performance;
• for new goods, the limitation period for claims for defects is one year from delivery of the goods;
• for used goods, claims for defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of periods regulated above do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
• to any obligation of the Seller that may exist to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for traders, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal ground

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a warranty promise, unless otherwise regulated in this respect,
• on the basis of mandatory liability such as under the Product Liability Act (Produkthaftungsgesetz).

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on compliance with which the Customer may regularly rely.

8.3 Otherwise, liability on the part of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

10) Place of jurisdiction

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 is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is 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. In the aforementioned cases, however, the Seller is in any case entitled to appeal to the court at the Customer’s registered office.

11) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.