General terms and conditions for the purchase of fashion
in the online shop „seven7original.com “
- Provider information, scope of applicability, definitions
- 1.1 The Seven7Original Distribution SL, represented by its managing director Mr. Davit Razon, C/Muntaner 400 Entl 1º derch – 08006 – Barcelona, Spain, phone: +34 932 186 739, e-mail: firstname.lastname@example.org, commercial register number: Registro mercantil de Barcelona: Tomo 45867, Folio 134, Hoja 501417, registry court: Barcelona Court, VAT-No.: ESB66970617 (hereinafter referred to as “Seven7Original“) is a vendor of high-quality fashion, textiles and accessories. It operates an online shop at www.seven7original.com, in which goods may be bought over the internet. Mr. Davit Razon is the holder of International trademark registrations: (1) wordmark “SEVEN7ORIGINAL”- No. 1215782 covering AT, AZ, BA, BX, CZ, DE, EM, ES, FR, GB, GH, HR, HU, IN, IR, IT, KG, LT, LV, MA, OA, PL, RO, RS, RU, SI, SK, UZ;and (2) figurative mark No. IR01283895, covering AT, BX, DE, ES, FR, GB, IT. The above registrations are proceeding to their registration process. In some countries they are registered and in some countries they are pending. Mr. Davit has consented to the use of the aforementioned trademarks by Seven7Original.
- 1.2 These general terms and conditions (hereinafter referred to as “GTC“) shall apply to all purchases of goods in the online shop of Seven7Original and declarations of intention in connection therewith as well as to acts similar to business transactions. Seven7Original expressly objects to any counter confirmation of the customer referring to the application of the customer’s general terms and conditions and conditions of purchase. Such conditions shall not become part of agreements concluded between the parties, unless expressly confirmed in writing by Seven7Original.
- 1.4 You are responsible for all access to the Website through your internet connection
- 1.5 You shall not use the Website or send to us or to the Website or to any other user anything involving one or more of the several elements:
- a breach of any law, regulation, statute or applicable jurisdiction;
- fraud, criminal or unlawful activity
- inaccurate or out-of-date information
- Hateful and inappropriate content
- Infringe any intellectual property rights or copyright including as well without limitation logo, trademark and broadcasting rights
- Infringe privacy or other rights of us or any third party
- Against our own interests
- Detrimental use of the website including but not limited to viruses, trojan horses, trap / back doors, or any programming interfering with our system, personal information or data.
- You agree to provide us with the right to use the content you may post on our website directly or via a third party (social channel) for promotional purposes such as pictures and / or comments about our products
- 1.6 You agree to comply with any instructions and recommendations for use of the Website
- 1.7 “Consumers” in the sense of these GTC are natural persons concluding the agreement with Seven7Original for purposes which mainly are not assigned to commercial or freelance professional activity.
- 1.8 “Entrepreneurs” in the sense of these GTC mean any customer that acts in his/her capacity as a commercial businessman or in the scope of his/her freelance business activity.
2 Illustrations in the shop, conclusion of contract, contract
2.1 Illustrations of the goods in catalogs, advertising media and on the website of Seven7Original are non-binding and do not constitute an offer to conclude a sales contract.
2.2 Only after the customer selected the goods and clicked on the button “order now” at the end of the ordering process, the customer makes a binding offer for the purchase of the goods. A subsequent confirmation of the receipt of the order, which is sent by Seven7Original, is not a binding acceptance of the customer’s offer. Seven7Original reserves the right to reject a customer as contractual party without giving any reasons for such a decision. The binding acceptance of the offer or the refusal of the offer will be declared by Seven7Original within a maximum of three days after receipt of the order. Upon receipt of the order confirmation, the contract on the goods is concluded. The dispatch of the ordered goods or a shipping confirmation provided to the customer is equivalent to an express declaration of acceptance.
2.3 The following languages can be chosen for the conclusion of a contract: German and English.
2.4 After the placement of the order, the customer shall receive a confirmation, the invoice and these GTC by e-mail. Beyond that, Seven7Original does not store a separate text of the contract which would be accessible to the customer on the internet.
3 Shipping, terms of delivery, partial delivery
3.1 Unless agreed otherwise, Seven7Original delivers the goods to the address indicated by the customer within the European Union. If, upon special request of the customer, a mail delivery service is engaged with the delivery of the goods to an address outside the EU, any additional fees and tariffs which may become due shall be borne by the customer.
3.2 Unless indicated otherwise on the website for the specific product, the term of delivery of the goods is a maximum of 3 working days after receipt of the order, order confirmation and receipt of full payment of the invoiced amount by Seven7Original.
3.3 If, contrary to expectations, there are changes of the prospective date of delivery, Seven7Original shall inform the customer on such changes by e-mail without delay. Irrespective of the existing legal claims, the customer as a consumer (see. item 1.3) can withdraw from the order before shipment of the goods or make changes to his/her order without any additional costs. In case the customer is an entrepreneur (see item 1.4), the entrepreneur shall grant to Seven7Original an appropriate grace period in case of exceedance of the delivery date.
3.4 In case Seven7Original dispatches the goods in partial deliveries, although the goods were ordered in one single order, and has reasonable cause to do so, the costs for the delivery shall only be charged for the first partial delivery. If a partial delivery is made upon request of the customer, Seven7Original will charge the costs for delivery separately for each partial delivery.
3.5 In order to guarantee comprehensive take-back of sales packaging, Seven7Original participates in a legally acknowledged disposal system in accordance with section 6 para 3 Packaging Ordinance. Therefore, the sales packaging can be returned at any provided collection point of the disposal system.
4 Prices, delivery costs, maturity, payment
4.1 The prices indicated in the shop of Seven7Original at the time of the order shall apply. Unless agreed otherwise, the prices include the applicable VAT, packaging and shipping costs. The packing and shipping costs are listed separately in the shopping cart.
4.2 The customer may choose from various payment methods in the online-shop of Seven7Original (e.g. bank transfer, credit card payment or PayPal). The customer, however, does not have a right to claim a special kind of payment. Payment by cash on delivery is subject to separate agreement with Seven7Original. In case of payment by cash on delivery, the customer shall bear any COD charges which might accrue.
4.3 Unless agreed otherwise, the purchase price is due for payment two weeks after receipt of the invoice.
5 Right of withdrawal for consumers
Customers who order as consumers (cf. item 1.3) at Seven7Original, have a statutory right of withdrawal, on which Seven7Original informs as follows:
|Notification of your right of withdrawalRight of withdrawal
You have the right to withdraw from this contract within 14 days without indicating any reasons.
The withdrawal period will expire after fourteen days from the day you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise your right of withdrawal you must notify us (Seven7Original Distribution SL, C/Muntaner 400 Entl 1º derch – 08006 – Barcelona, Spain, phone: +34 932 186 739, e-mail: email@example.com) of your decision to withdraw from this contract by an unequivocal declaration (e.g. a letter sent by mail or e-mail). For this, you may use the attached model withdrawal form, which, however, is not mandatory.
In order to observe the withdrawal period it is sufficient that you send the notification concerning your exercise of the right of withdrawal before expiry of the withdrawal period.
Consequences of the exercise of the right of withdrawal
If you withdraw from the present contract, we shall return to you any payments which we received from you, including any payments for shipping costs (except any additional costs which result from the fact that you selected a kind of delivery other than the standard delivery offered by us), immediately and at the latest within fourteen days starting from the day on which the notification concerning your exercise of the right of withdrawal from this contract is received by us. For the return of payment, we use the same means of payment which were used by you for the original transaction, unless explicitly agreed otherwise; under no circumstances, there will be charged any fees to you in connection with the return payment. We can refuse repayment until we receive the returned goods or until you provide proof that you returned the goods, whichever occurs first.
You shall return the goods immediately and in any case no later than fourteen days from the date on which you notified us on your exercise of the right of withdrawal from the contract. The deadline shall be deemed to be observed if you dispatch the goods before the expiry of the term of fourteen days.
You shall bear the direct costs of the return of the goods.
You shall bear the costs of a possible loss in value of the goods only if this loss in value is caused by handling of the goods which is not required to examine their condition, characteristics and functioning.
|Model form of withdrawal(In case you want to withdraw from the contract, please fill out this form and return it to us.)
– I/We hereby give notice that I/we withdraw from the contract of sale of the following goods (*) / the performance 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 this form is notified on paper)
(*) delete as applicable
6 Non-binding information on the exercise of the right of withdrawal, reimbursement of return costs
Although the customer is not obligated to do so, Seven7Original asks that for the return of the goods a secure – if possible, the original – transportation packaging is used in order to avoid any transportation damage.
7 Retention of title
7.1 The goods delivered by Seven7Original remain the property of Seven7Original until the complete payment of the purchase price and until the settlement of any claims arising from the supply agreement concluded between the parties.
7.2 If the customer is an entrepreneur (cf. item 1.4), the entrepreneur assigns upon conclusion of the contract any claims which the entrepreneur acquires due to resale against the entrepreneur’s customers, by way of security and in their full amount to Seven7Original. Seven7Original authorizes in a revocable manner the customer to collect these claims. Seven7Original may withdraw this authorization and collect the assigned claims itself exclusively in such a case only if the customer does not duly adhere to his payment obligations.
7.3 In case the customer is an entrepreneur (cf. item 1.4), the entrepreneur shall notify without delay on accesses of third parties (e.g. in the course of foreclosure) to goods which are property or owned by way of a co-ownership of Seven7Original. Costs resulting from such access of third parties as well as costs arising from an extrajudicial release of the goods shall be borne by the customer.
8 Entrepreneur’s obligation to give timely notice
8.1 In case the customer is an entrepreneur (cf. item 1.4), the entrepreneur is obliged to examine the goods immediately upon receipt of the delivery and – if there are any defects – shall notify Seven7Original on such defects within 10 working days from the date of receipt of the goods. The notice of defects must be made in writing. If the customer fails to notify Seven7Original in due time, the goods are considered approved, unless the defect is a latent defect, i.e. a defect which cannot be discovered by inspection. If a defect appears at a later time, the notification on defects must be made without delay upon discovery of the defect; otherwise, the goods are considered approved also with regard to such defects. In order to observe the rights of the customer, the timely dispatch of the notification of defects is sufficient.
8.2 The above-mentioned obligation to give notification of defects is not applicable to such defects which have been fraudulently concealed by Seven7Original.
9.1 There is a statutory warranty right for purchases of goods from Seven7Original. The warranty depends on the German legal regulations in accordance with the German Civil Code (BGB) as well as on the following provisions.
9.2 In case of a defect of the goods, the customer shall request supplementary performance of the manufacturer. For this, the customer shall stipulate a reasonable term.
9.3 Claims arising from material defects fall under the statute of limitations after the expiry of a term of two years from the time of supply of the goods. In case of goods purchased by entrepreneurs (cf. item 1.4), the claims arising from material defects fall under the statute of limitations after the expiry of a term of one year from the time of supply of the goods. Any statutory limitation of recourse claims shall remain unaffected thereof.
9.4 The limitation periods set out in item 9.3 shall not apply in cases of wilful acts, in case of fraudulent concealing of defects or to the extent to which Seven7Original has assumed a warranty of condition. Moreover, it additionally does not apply to claims on account of material defects in cases of violation of life, body or health, with respect to claims pursuant to the product liability law, in case of grossly negligent violation of duty or in case of culpable violation of essential contractual duties, i.e. such contractual duties which enable the proper implementation of the contract and on the compliance with those the customer may rely on and the violation of which endangers the achievement of the contractual purpose on the other side.
10.1 In case of a breach of duty and of tortuous acts as well as claims for compensation due to futile expenditures claims are excluded both against Seven7Original and its vicarious agents and parties employed in performing a contractual obligation for whom the principal is vicariously liable.
10.2 The limitation of liability set out in item 10.1 shall not apply if the damage was caused deliberately or in a grossly negligent way, as well as in the case of violation of contractual obligations (cf. item 9.4 of these GTC). Furthermore, it shall not apply to damage arising from violation of life, body or health, if Seven7Original is responsible for the violation of obligation. Furthermore, the limitation of liability does not apply to damage, which is based on the absence of an assured characteristic or for such damage, for which a liability is provided in accordance with the product liability law.
11 Registration on the website, access data
11.1 Seven7Original reserves the right to create a customer account for the customer in the online shop if the customer has registered previously. For further orders, the customer does not have to enter his/her complete data again. However, an order in the online shop does not require a registration in principle.
11.2 After a registration in the online shop, Seven7Original creates an account for the customer. Seven7Original will communicate to the customer the necessary access and usage data (hereinafter referred to as “access data”). To the extent necessary for safety reasons, Seven7Original will change the access data and inform the customer of according changes. The customer will implement the changes to his/her data (e.g. change of address data) without delay in the account or shall inform Seven7Original in any other way on such a change.
11.3 It is at the customer’s sole discretion to protect his/her access data. They are to be kept secret and shall not be made accessible to third parties without consent by Seven7Original. If the customer finds out that his/her access data are used by third parties, the customer shall immediately change his/her access data or, in case this is not possible for the customer, the customer shall inform Seven7Original.
11.4 In case of justified suspicion of abuse of the access data Seven7Original shall be authorized to block the access to the customer account. Seven7Original shall inform the customer on this without delay.
11.5 Seven7Original is not liable for damage, which results to the customer from abuse or loss of the access data. This does not apply if the damage was culpably caused by Seven7Original itself.
12 Data protection
Seven7Original reserves the right to inform the customer in the course of free e-mail newsletters regarding news about the Seven7Original enterprise and new fashion creations. However, newsletters will be received by the customer only if the customer expressly previously agreed on receiving newsletters. A cancellation of the receipt of the newsletter is possible at any time in the customer account, by sending an e-mail to firstname.lastname@example.org or by clicking on the corresponding link contained in each newsletter.
14 Final provisions, online dispute resolution for consumers
14.1 Contracts concluded between Seven7Original and the customer are exclusively subject to the laws of the Federal Republic of Germany. The applicability of the CISG as well as German Private International Law is excluded. If the customer is a consumer (cf. item 3 of these GTC), those mandatory consumer protection provisions shall be additionally applicable that apply in the state, where the customer has his/her habitual residence, provided that they offer a broader protection than German laws.
14.2 In cases of conflicts, there is the possibility in cases of conflicts of accomplishing a quick and cost-efficient settlement on the internet platform of the EU Commission. The link to the so-called „OS-platform” in accordance with art. 14 para 1. of regulation (EU) No. 524/2013 is: https://ec.europa.eu/consumers/odr/.
14.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all claims arising from or in connection with the contractual relationship shall be Düsseldorf.
14.4 In case of any discrepancies between the German and the English version of these GTC, the German version shall prevail.
As of September 2016
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