General business conditions
General business conditions of dress24.com
May 2009 version
1) Purview
This general business conditions apply to dress24.com and its customers.
Deviating, contrary to standing or supplementary AGB do not become integral part of the contract, unless the purview is stated explicitly in writing.
The indication within the standard terms and conditions of the customer is contradicted.
2) Conclusion of the contract
The under the domain dress24.com addressed goods and price descriptions are no offer in the sense of § 145ff BGB.
The product representation in the online shop does not represent a legally binding offer, but rather a non-binding online catalogue.
With clicking on the button “dispatch order” you are giving a binding order of the goods, which were contained, in your shopping basket.
The confirmation of your order takes place together with the acceptance of the order of an automated E-mail.
With this E-mail confirmation, the bill of sale is concluded.
3) Customer account
Dress24.com enables its customers to arrange a so named customer account.
The purchase process is thereby supposed to be convenient and loyal customers do have special benefits, as for example tracking, a personal list of pre-booked articles and the concession of special discounts.
The customer registers under the divesture his personal data in dress24.com and receives the access data, which will suffice for the purchase order in the future.
The access data exists of a self-chosen user name and password.
The customer is obliged to make true statements at the registration.
Specifically we refer once again to our data protection explanation, which the customer must confirm in the registration process.
4) Vouchers
Dress24.com offers its customers the possibility to acquire vouchers and to transfer them to a third party.
Vouchers are also awarded from dress24.com as a marketing campaign or as a loyalty bonus to special customers.
Those vouchers are sent in electronic form to the customer, which contain an individual code. The customer can redeem the voucher with typing the code in, on the homepage of dress24.com.
The submission of the code takes place in the ordering process.
The value of the voucher is then drawn-off the purchase price of the goods, which are going to be ordered.
5) Fees and payments
The value- added tax and plus any mailing expenses are included in the stated prices.
Dress24.com only accepts the payment methods that the customer selected in the ordering process.
If the customer comes in delay, dress24.com is entitled to claim interests in the amount of 5% over the basis interest validly.
The proof of a higher damage remains untouched. It remains reserved to the customer to prove that no or minor damage emerged to dress24.com.
The customer is only entitled to the set off as for as his claims are legally assessed uncontested or by dress24.com acknowledged.
6) Delivery
Information of the right of cancellation
Right of withdrawal
Within two weeks one can revoke the contract without a statement of reason in text form (for example: letter, fax, e-mail) or if the matter has reached a specified date, returning the object can revoke it.
The time periof does begin upon receipt of this instruction in text form, however not before the entry of the goods with the receiver (when similar goods are delivered in repeated instalments the cancellation period does not begin until the first instalment has been delivered) and also not before our duty to inform in accordance with § 312c sec 2 BGB in connection with § 1 sec 1, 2 and 4 BGB- Info V, as well as our duties in accordance with § 312 e sec 1 clause 1 BGB in connection with § 3 BGB Info V.
The revocation period shall be deemed observed if the goods are returned or notice or revocation is given within this period.
The revocation is to be addressed to:
Sandra Klapczynski
Lambertistr. 21
45964 Gladbeck
Email: kundenbetreuung@dress24.com
Fax: 02043-691814
Consequences of the revocation
In case of a valid revocation, both parties have to return the received goods or payments as well as any delivered benefits (for example interests).
If one can grant us entirely or partially or not at all the received achievement back or just in deteriorated conidian one has to perform a value replacement for us.
This does not apply for the surrender of goods, if the deterioration of the product can be attributed solely to the inspection thereof, in a manner similar to inspecting a product personally in the shop.
Remaining one can avoid the duty to the value replacement for an emerged deterioration by the initial operation, if one does not treat the thing as a property in use and does not impair the value.
Packet transportable goods have to be returned to our risk. One has to bear the costs of the return, if the delivered good is equivalent to the ordered good and when the price of the retuned good does not exceed a sum of 40 Euro or in the case of a higher price at the time of revocation no consideration or a contractually agreed part payment has been adduced. Otherwise the return is exempt from charges. Items that cannot be shipped in parcels will be picked up at your address. The customer must comply with the duty to refund payments within 30 days of dispatch of the notice of withdrawal. The deadline starts with your despatch of your cancellation request or the item in question, for us it starts with the receipt of the same
End of Disclaimer
7) Reservation of title clause
The delivered goods remain in possession of dress24.com to the full payment of the purchase price. The reservation of the possession also extends on processed objects and in the case of an expanse sale on the demanding purchase price (reservation of title clause)
8)Warranty
The time period of warranty amounts to 12 month in case of used goods and 24 month in case of new goods.
The warranty deadline for contractors also amounts to 12 month for new goods.
For contractors in addition:
Deficiency interests of the customer take for granted that he meets the demands under § 377 HGB, which are investigation duties and a requirement to make a complaint in respect of a defect immediately on receipt of goods.
9) Limitation of liability
Dress24.com excludes the liability for damages, which were caused by simple carelessness, as far as these do not result out of the violation of essential contractual duties, damages out of the injury of life, body or health concerns are entitlements of the product liability law.
The same does apply to the breaches of the fulfilment assignees of dress24.com.
In case of infringement of essential contractual duties, the liability in cases of simple carelessness is on the damages restrict, which are connected in typical manner with the contract and which are foreseeable.
10) Applicable right, venue, Severability clause
This contract is subject to the law of the Federal Republic of Germany in exclusion of the UN convention on Contracts for the international Sale of Goods.
Provided that the customer is a businessman entity or special asset, the venue of Düsseldorf is however entitled to sue also at the court of domicile.
Do these AGB not become entire or partially contract component or ineffectual the remaining contract remains effective.
Provided that the terms are not contract component or are not ineffectual the contract contents depends on the legal regulation.
The contract is only then ineffectual if the adherence to it would represent under consideration of the changes of the rules and regulations an unreasonable hardness for one of the contracting parties.







