Terms of service

General Terms and Conditions of the Online Shop www.shegy-clo.com

Terms of contract within the scope of purchase contracts concluded (designated in § 2 of the contract) via the online shop through the website www.shegy-clo.com

between

www.shegy-clo.com, Mr. Patrick Filbrich, Thomas-Mann Straße 30, 63486 Bruchköbel, Germany,

represented by Patrick Filbrich, (tax identification number: DE815871722) - hereinafter referred to as the "Provider" -

and

the customers (designated in § 2 of the contract) - hereinafter referred to as the "Customer" -.


§ 1 Scope, Definitions

(1) For the business relationship between the web shop provider (hereinafter "provider") and the customer (hereinafter "customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognised unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer in so far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

 

§ 2 Conclusion of contract

(1) The presentation and advertising of articles in the online shop shegy-clo.com does not constitute a binding offer by the provider to conclude a purchase contract.

(2) By sending an order via the online shop by clicking the button "order subject to payment", the customer places a legally binding order. Before submitting the order, the customer can change and view the data at any time. However, the order application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" -button and has thereby included them in his application.
He is bound to the order for a period of two 2 weeks after placing the order; his right to revoke his order, if any, according to § 9 remains unaffected.

(3) The provider shall immediately confirm receipt of the customer's order placed via its online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the binding acceptance is declared at the same time (confirmation of receipt).

(4) A contract is only concluded when the provider accepts the customer's order by means of a binding declaration of acceptance (order confirmation) or by delivering the ordered items.

(5) If the delivery of the goods ordered by the customer is not possible, for example, because the corresponding goods are not in stock, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded. The provider will inform the customer of this without delay.

 

§ 3 Delivery, availability of goods

(1) Delivery/shipping times stated by the provider are calculated from the time of order confirmation, provided that the purchase price has been paid in advance (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in the online shop, it is approx. 14 days.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer of this without delay in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Italy, Spain, France, Switzerland, Greece, Netherlands, Ukraine, Poland, Austria, Belgium, Croatia, Sweden, Norway, Denmark, Czech Republic, Finland, Romania, Iceland, Ireland, Albania, Malta, Bulgaria, Hungary, Cyprus, Serbia, Luxembourg, Slovenia, Montenegro, Estonia, Slovakia, Lithuania, Liechtenstein, Northern Macedonia, Moldova, Bosnia and Herzegovina, Latvia, Kosovo, Monaco, Vatican City, San Marino, Gibraltar, Faroe Islands, USA, Canada, United Kingdom, Argentina, Australia, Brazil, Mexico, Turkey.

(5) The provider is entitled to make partial deliveries, in so far as this is reasonable for the customer.


§ 4 Retention of title

The provider shall retain ownership title for the shipped products until payment has been made in full.

 

§ 5 Prices and shipping costs

(1) All prices quoted in the online shop of shegy-clo.com are gross prices including the statutory value added tax and are exclusive of any shipping costs incurred.

(2) The shipping costs are stated in the price quotations of the provider in the online shop.

The price including VAT and applicable shipping costs is also displayed in the order mask before the customer submits the order.

(3) If the provider fulfils the customer's order by partial deliveries, the customer will only incur shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, the provider will charge shipping costs for each partial delivery.

(4) If the customer effectively revokes his contractual declaration in accordance with § 9, he may, under the statutory conditions, demand reimbursement of costs already paid for shipment to him (costs of sending the goods) (cf. on other effects of revocation § 9).

(5) The goods shall be dispatched by post. The provider bears the shipping risk if the customer is a consumer.

(6) In the event of a revocation, the customer shall bear the direct costs of the return shipment.


§ 6 Payment modalities

(1) The customer can pay by credit card, Paypal, Klarna (Klarna "pay now or pay later"),  Google Pay, Apple Pay and by Shop Pay.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the provider interest on arrears for the year at a rate of 5 percentage points above the base interest rate.

(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.

 

§ 7 Warranty for material defects, guarantee

(1) The provider is liable for material defects in accordance with the applicable statutory provisions according to German law, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) An additional warranty exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective item.


§ 8 Liability/Disclaimer 

(1) Claims for damages by the customer are excluded. This does not apply to customer claims for damages resulting from the violation of life, body, health, or from the violation of essential contractual obligations (cardinal duties), as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary for the achievement of the purpose of the contract.
(2) In the case of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damages if these are caused by simple negligence, unless they are claims for damages by the customer resulting from a violation of life, body, or health.
(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider when claims are asserted directly against them.
(4) The liability limitations resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the condition of the item. The same applies if the provider and the customer have made an agreement regarding the condition of the item. The provisions of the Product Liability Act remain unaffected.


§ 9 Right to Revocation/Briefing on the Right to Revocation

(1) Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which the provider informs them below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, take(s) possession of the goods. To exercise your right of withdrawal, you must inform us (shegy-clo.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments received from you, including the delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the standard, inexpensive delivery offered by us), without undue delay and in any event not later than fourteen 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 fourteen 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 fourteen days has expired. You will 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.

(2) The right of withdrawal does not apply to contracts for the delivery of sealed audio or sealed video recordings or sealed computer software if the seal has been removed after delivery.

(3) The provider informs about the model withdrawal form according to the legal regulations as follows:

Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)

— To by samtiq. GmbH, Am großen Stein 5, 32051 Herford, info@shegy-clothing.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 the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if communicated on paper)
— Date

(*) Delete as appropriate


§ 10 Copyrights

The provider has copyrights to all pictures, films and texts published in his online shop. Use of the images, films and texts is not permitted without the express consent of the provider.


§ 11 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If the customer is a merchant and has its registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Bruchköbel (jurisdiction of the Amtsgericht Hanau and Landgericht Hanau – the local and regional courts of Hanau). Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr . The provider is neither willing nor able to participate in a dispute resolution procedure before a consumer arbitration board.