GTC

General Terms and Conditions (GTC)

Version: 08.09.2023

§ 1. General Provisions and Scope of Application

(1) The following contractual terms apply to all contracts concluded via the online shop accessible at https://attire-invention.de between

ATTIRE INVENTION UG (limited liability)
represented by the Managing Director: David Schröder
Holstenhofweg 54
22043 Hamburg / Deutschland

E-Mail: [email protected]

VAT ID No.: DE362229270
Commercial Register: Hamburg Local Court, 
VAT ID No.: DE362229270

and the customer. 

(2) Within the meaning of these General Terms and Conditions, customers include both consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. A business is any natural or legal person or legally constituted partnership that, when entering into a legal transaction, acts in exercise of their trade, business, or profession.

(3) The contractual relationship between the parties shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence. 

(4) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

§ 2. Conclusion of Contract in the Online Shop

(1) The products and services presented in the online shop do not constitute a binding offer by ATTIRE INVENTION UG (limited liability). Rather, they are to be understood as a non-binding invitation to the customer to submit a legally binding offer by placing an order. 

(2) By submitting the order via the virtual shopping cart, the customer makes a binding offer to purchase the items listed therein. Before final submission of the order, the customer is given the opportunity to review and, if necessary, correct their entries. In case of input errors, the previous page can be accessed using the respective function of the browser used, and the information can be adjusted. ATTIRE INVENTION UG (limited liability) will confirm receipt of the order without undue delay by email.

(3) ATTIRE INVENTION UG (limited liability) is entitled to accept the customer’s offer within five (5) business days after receipt of the order. However, a contract between the customer and ATTIRE INVENTION UG (limited liability) shall only be concluded upon the express acceptance of the order by ATTIRE INVENTION UG (limited liability). 

(4) ATTIRE INVENTION UG (limited liability) assumes no procurement risk with regard to the materials required for production. In the event of incorrect or delayed self-supply with essential raw, auxiliary, or operating materials, ATTIRE INVENTION UG (limited liability) reserves the right to withdraw from its obligation to fulfill the contract. This shall not affect the liability of ATTIRE INVENTION UG (limited liability) for intent or negligence in accordance with the liability provisions set out in § 10 of these Terms and Conditions. In the event of non-availability or only partial availability of the service, the customer will be informed without delay; in the event of a withdrawal, any payments already made will be refunded.

§ 3. Contract Language; Storage of Contract Text

(1) The contract languages are German and, optionally, English. Both language versions are equally binding.

(2) ATTIRE INVENTION UG (haftungsbeschränkt) stores the contract text. The order data as well as the contractual provisions, including these General Terms and Conditions, are also sent to the customer separately in text form.

(3) After placing an order, the contract text remains accessible in the customer’s personal account. Access is provided via the ATTIRE INVENTION UG (haftungsbeschränkt) website (https://attire-invention.de) by entering the username and the password previously selected by the customer.

§ 4. Right of Withdrawal and Consequences

Consumers have a right of withdrawal for distance contracts in accordance with § 355 of the German Civil Code (BGB). As a consumer, you therefore have the right to withdraw from your contractual declaration in accordance with the following withdrawal policy:

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item.

The withdrawal period is fourteen (14) days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last item. To exercise your right of withdrawal, you must inform us (ATTIRE INVENTION UG (haftungsbeschränkt), Holstenhofweg 54, 22043 Hamburg, Germany; Email: [email protected]) of your decision to withdraw from this contract by means of a clear statement (e.g. via email). To meet the withdrawal deadline, it is sufficient that you send your notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you – with the exception of shipping costs and return costs – without undue delay and no later than fourteen (14) days from the day on which we received your notice of withdrawal. We will use the same means of payment for the refund that you used for the original transaction, unless expressly agreed otherwise with you. You shall bear the direct costs of returning the goods.

We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods – whichever is the earlier.

Return Conditions

Returned goods must be in new condition – unworn, undamaged, and free of signs of use. We reserve the right to deduct compensation from the refund for any loss in value resulting from improper handling of the goods.

Exclusion of the Right of Withdrawal

According to § 312g (2) No. 1 BGB, the right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer’s personal needs.

§ 5 Prices, Shipping Costs, and Payment Terms

(1) The prices stated in each offer are total prices. They include all price components, including applicable statutory taxes. In the case of cross-border deliveries, additional charges and/or taxes may apply in individual cases (e.g., within the framework of intra-community acquisition or in the form of customs duties), which must be borne by the customer.

(2) Any delivery and shipping costs are not included in the stated purchase price. These will be separately indicated within the scope of the respective offer and are also to be borne by the customer.

(3) ATTIRE INVENTION UG (limited liability) accepts the payment methods listed on the respective offer page. The customer independently selects the desired method of payment from the available options.
 

(4) If the customer intends to place an order on account as an entrepreneur, ATTIRE INVENTION UG (limited liability) reserves the right to deliver only after a successful credit check. For this purpose, the personal data provided by the customer (e.g., name, address, age, bank details) will be transmitted to a credit agency, which evaluates the risk of payment default based on this data. If there is an unreasonably high risk, ATTIRE INVENTION UG (limited liability) reserves the right to reject the "purchase on account" payment method. The data processing is carried out for the purpose of pre-contractual measures and contract fulfillment pursuant to Art. 6(1)(b) GDPR and based on the legitimate interest in avoiding payment defaults pursuant to Art. 6(1)(f) GDPR. If express consent has been obtained from the customer, processing will take place on the basis of Art. 6(1)(a) GDPR; the consent can be revoked at any time.

(5) If the customer selects the payment method "bank transfer," they are obligated to pay the full purchase price, including any delivery and shipping costs, within seven (7) days after receiving the payment request, without deductions. The necessary account details will be provided to the customer along with the payment request.

(6) If fees are incurred at the expense of ATTIRE INVENTION UG (limited liability) in connection with a refund via the payment service provider PayPal, these may be charged to the customer and deducted from the refund amount.

(7) The customer is only entitled to a right of retention if their counterclaim is based on the same contractual relationship. Section

§ 6. Delivery and Shipping Terms

(1) Unless expressly agreed otherwise with the customer, delivery of goods will be made by shipping to the delivery address specified by the customer. Collection of goods by the customer is excluded.

(2) The customer guarantees that the delivery address provided when placing the order is complete and correct. If additional shipping costs are incurred due to incorrect or incomplete address information provided by the customer—particularly in the case of re-delivery—these must be borne by the customer.

(3) If payment is made via bank transfer or PayPal, the ordered goods will be shipped within five (5) business days after receipt of payment, unless a different delivery period was explicitly stated during the order process.

(4) For deliveries to business customers, the risk of accidental loss or deterioration of the goods passes to the customer upon handover to the business customer or an authorized recipient, or, in the case of mail-order purchases, upon handover to the shipping company. For deliveries to consumers, the risk passes only upon handover of the goods to the consumer. Handover is deemed to have occurred even if the customer is in default of acceptance.

§ 7 Retention of Title

(1) ATTIRE INVENTION UG (limited liability) retains ownership of the delivered goods until full payment of the purchase price has been received, provided the contract is concluded with a consumer. If the contract is concluded with a business customer, ownership is retained until all claims arising from the ongoing business relationship have been fully settled (hereinafter referred to as "retained goods").

(2) During the existence of the retention of title, the customer is obligated to treat the retained goods with due care. The customer must promptly notify ATTIRE INVENTION UG (limited liability) of any third-party access to the retained goods—especially in the case of seizures—as well as of any damage to or loss of the goods. Furthermore, the customer is obligated to provide all information and documents necessary to protect ownership rights, inform enforcement officers and third parties of the ownership rights of ATTIRE INVENTION UG (limited liability), and notify any change in possession or change of residence without undue delay.

§ 8. Notification of Transport Damage

(1) The customer agrees to support ATTIRE INVENTION UG (limited liability) to the best of their ability in asserting claims against the respective transport company or a transport insurance provider.

(2) The customer is obligated to inspect the delivery for externally visible transport damage immediately upon receipt. Any visible damage must be documented on the shipping papers and confirmed in writing by the delivery personnel. If the delivery is accepted despite visible damage, the customer must retain the packaging.

(3) In the case of non-visible damage or (partial) loss of the goods, the customer must notify ATTIRE INVENTION UG (limited liability) within five (5) days of delivery or notify the shipping company no later than seven (7) days after delivery to enable timely assertion of any claims against the shipping company.

(4) The above provisions do not affect the customer's statutory rights, particularly the rights regarding defects in the purchased goods. In particular, they do not constitute exclusion periods for claims under Section 9 of these Terms and Conditions.

§ 9. Warranty Conditions

(1) Customers are entitled to statutory rights for liability for defects when purchasing goods. In the event of a material defect, the customer is entitled to assert warranty claims in accordance with the following provisions. ATTIRE INVENTION UG (haftungsbeschränkt) does not assume any guarantees that exceed the statutory warranty. The presentation of products in the online shop does not constitute a guarantee but is merely a description of performance.

(2) If a material defect exists and the legal requirements for warranty rights are met, the customer is entitled to supplementary performance in accordance with §§ 437 No. 1, 439 of the German Civil Code (BGB).

(2a) In this context, consumers have the choice of whether the supplementary performance shall be provided by rectification or replacement delivery. However, ATTIRE INVENTION UG (haftungsbeschränkt) is entitled to refuse the type of supplementary performance chosen by the consumer if it would only be possible at disproportionate cost and the alternative form of supplementary performance is reasonable for the consumer without significant disadvantages.

(2b) With respect to entrepreneurs, supplementary performance is provided at the discretion of ATTIRE INVENTION UG (haftungsbeschränkt), either by rectification or replacement delivery.

(2c) The purchaser’s additional rights under § 437 No. 2 and No. 3 BGB – in particular, withdrawal, price reduction and compensation for damages – remain unaffected by the foregoing provisions in paragraphs (2) to (2b). 

(3) Claims and rights of entrepreneurs due to defects expire one month after delivery of the goods to the customer; claims and rights of consumers due to defects expire one month after delivery of the goods to the customer. These shortened limitation periods do not apply if ATTIRE INVENTION UG (haftungsbeschränkt) is liable in accordance with § 10 of these Terms and Conditions or if the matter concerns a third party’s right in rem, on the basis of which the return of the delivered item may be demanded.

(4) The rights of recourse of entrepreneurs as regulated in §§ 478 and 479 BGB remain unaffected by the provisions in paragraphs (2) to (3).

(5) Obvious defects must be reported by merchants within two weeks of receipt of the goods using the contact details provided above. If the defect is not reported within this period, the assertion of warranty claims is excluded. The timely dispatch of the defect notification is sufficient to meet the deadline.

(6) The products of ATTIRE INVENTION UG (haftungsbeschränkt) are exclusively handmade. Due to the nature of artisan production, minor deviations in structure, color, dimensions, and execution in comparison to other examples of the same product or to the illustrations in the online shop are technically unavoidable and do not constitute a material defect within the meaning of § 434 BGB.

(7) Such production-related deviations do not give rise to warranty claims and are not considered deviations from the agreed condition of the item, provided they fall within the tolerance range that is typical and expected for handmade products.

§ 10. Liability Provisions

 (1) (1) ATTIRE INVENTION UG (haftungsbeschränkt) shall be liable without limitation:
(1a) For damages caused by intentional or grossly negligent conduct of ATTIRE INVENTION UG (haftungsbeschränkt), its legal representatives, executive employees or vicarious agents;
(1b) For damages resulting from injury to life, body or health caused by intentional or grossly negligent conduct;
(1c) in the absence of a guaranteed property; and
(1d) for claims under the German Product Liability Act (Produkthaftungsgesetz).

(1.2) For damages resulting from the breach of essential contractual obligations (cardinal obligations) due to simple negligence by ATTIRE INVENTION UG (haftungsbeschränkt), its legal representatives, executive employees or vicarious agents, liability shall be limited to the typical and foreseeable damage at the time the contractual performance was rendered. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies.

(1.3) Liability for the breach of non-essential contractual obligations due to simple negligence is excluded.

§ 11. Jurisdiction

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 disputes arising from this contract shall be the registered office of ATTIRE INVENTION UG (haftungsbeschränkt). The same applies if the customer is an entrepreneur and does not have a general place of jurisdiction in Germany or if the customer's place of residence or usual place of abode is unknown at the time the action is filed. The right to also bring an action before any other legally competent court remains unaffected.

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Annex: Sample Withdrawal Form

Model withdrawal form pursuant to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 EGBGB (If you wish to withdraw from the contract, please complete and return this form.)

– To: ATTIRE INVENTION UG (haftungsbeschränkt), Holstenhofweg 54, 22043 Hamburg
E-mail: [email protected]

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if notification is submitted on paper)
Date

______

(*) Delete as appropriate