Gerneral Terms and conditions
for the purchase of goods from DRYKORN Modevertriebs GmbH&Co. KG, of Rudolf Diesel Straße 1a, 97318 Kitzingen
1. SCOPE OF APPLICATION
All deliveries and services which DRYKORN Modevertriebs GmbH & Co. KG (hereinafter abbreviated to 'DRYKORN') renders in relation to the sale and delivery of goods from the online shop, shall arise exclusively on the basis of these General Terms and Conditions (Allgemeine Geschäftsbedingungen) (AGB).
2. PLACING AN ORDER
2.1. Purchaser's contractual partner is DRYKORN Modevertriebs GmbH&Co. KG, of Rudolf Diesel Str. 1A, D-97318 Kitzingen.
2.2. When an order is placed in the online shop, the offer to conclude a contract shall come from the purchaser as soon as they have activated the ordering of goods. After an order has been received, the customer will receive a confirmation by email. The confirmation by email regarding receipt of the order does not constitute any declaration of acceptance. The purchase contract shall only come into effect through a declaration of acceptance from DRYKORN. This either happens by email at the point of sending of the goods or at the point of sending a despatch confirmation, whichever is sooner.
2.3. The goods ordered will be delivered at the delivery time specified subject to availability. The delivery timeframe will commence after payment has been received. If payment has been agreed against an invoice or payment on delivery, the delivery timeframe shall commence with the declaration of acceptance from DRYKORN. In the event that the item is not available, the buyer will be notified immediately and shall immediately refund any payments made.
If the delivery timeframe - or a grace period due to force majeure or other reasons for which DRYKORN is not responsible (e.g. rescheduling of delivery by suppliers despite sufficient supply inventory by DRYKORN) - is unreasonable for the customer, they can rescind the contract immediately following notification by making a written declaration (fax, letter or email). This shall not affect the customer's other statutory rights.
2.4. The product description details, in particular illustrations, diagrams, descriptions, dimension and weight details are non-binding provided the delivered goods deviate only to a minor extent (e.g. for production reasons) from these specifications. Deviations in colour to goods shown on the website are due to technical reasons.
3. CONDITIONS OF PAYMENT, DELIVERY, POSTAGE AND PACKING COSTS
3.1. The prices indicated include statutory VAT plus postage and packing costs. The total price of the goods including the postage and packing costs are listed in the shopping basket before the order is placed.
3.2 Delivery is made to Germany, Austria, Belgium, the Netherlands, Luxembourg, Switzerland, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Norway, Poland, Portugal, Romania and Slovakia within the delivery time specified in the item description. If several items are ordered, the longest respective delivery timeframe shall apply.
3.3 In addition to the value of goods, there is depending on the country of delivery €4.90 to a maximum of €9.90 shipping and handling costs. In the first instance, this does not include the costs of goods being returned by the customer in the event of a cancellation in accordance with the cancellation policy below. The costs of return shipment will be paid by DRYKORN in Germany, Austria and the Netherlands.
3.4. DRYKORN shall be entitled to make partial deliveries and advance deliveries within the framework of what is reasonable for the customer.
3.5. Payment shall be made by credit card, pre-payment, Ideal or as an instant transfer or by PayPal. Unless otherwise agreed, the purchase price shall be paid seven days after receipt of the invoice or the goods.
3.6. The item shall remain the property of DRYKORN until full payment has been made. If the purchaser is in default, they shall have to pay an additional lump sum for the reminder and handling fee in the amount of €5.00 without prejudice to any further claims on the part of DRYKORN (e.g. interest and transaction reverse charges). The purchaser shall have the right to provide proof that this expense has not been incurred or has not been incurred to this extent. If, in the case of COD or an advance payment, the goods are not accepted or the payment is not made within seven days of receipt of the invoice or goods, DRYKORN shall exercise its right to withdraw and the order will be deemed cancelled. Further claims regarding default or similar shall remain unaffected by this.
4. RIGHT TO CANCEL
4.1. Consumers have a right to cancel within a period of two weeks (14 days).
4.2. The right to cancel shall not be applicable to delivery of goods purchased through distance contracts, which are not prefabricated and where a consumer's specific choice or specification as regards its manufacturing has been decisive factor or which are clearly tailored to the consumer's personal needs and to sealed goods, which are not suitable for returning due to health or hygienic reasons, if the seal has been removed after delivery.
5. LEGAL VALIDITY OF THIS EXCLUSION OF LIABILITY
You have the right to cancel this contract within fourteen days without stating any reason. Cancellation period is fourteen days from the day on which you or one of your named third parties, which is not the carrier, took possession of the goods.
In the event of a contract for several items being ordered as part of one single order to be delivered separately, the fourteen day cancellation period shall commence on the day on which you, or one of your named third parties, which is not the carrier, took possession of the last item.
In order to exercise your right to cancel, you must notify us (DRYKORN Modevertriebs GmbH & Co. KG, Rudolf Diesel Straße 1a, 97318 Kitzingen, Germany, of your decision to cancel the contract tel +49 (0)711 - 725 230 4279, fax +49 93 21 300-333) by means of a clear declaration (e.g. posted letter, fax or email).
In order to comply with the cancellation period, it shall be sufficient to send the communication about exercising your right to cancel before the cancellation period expires. Consequences of cancellation:
If you cancel this contract, we shall pay back all payments which we have received from you immediately and within fourteen days at the latest from the day on which we received notification about your cancelling of this contract, including delivery costs, with the exception of additional costs due to you having chosen another type of delivery than the cheapest standard delivery offered by us. We will use the same payment method for this reimbursement as you used for the original transaction unless we have explicitly arranged something else with you; you will never be charged for this reimbursement. We can withhold the reimbursement, until we have received back the goods or until you have proved that you have sent off the goods whichever is sooner. You must immediately send back or return the goods within fourteen days from the day on which you notified us that you were cancelling the contract to:
DRYKORN Modevertriebs GmbH&Co. KG
Rudolf Diesel Straße 1a, 97318 Kitzingen
The time limited shall be deemed complied with if you send off the goods before the period of fourteen days expires. Underwear (CORBIN and CLIND) are excluded from return or exchange.
We shall bear the immediate costs of returning the goods.
You shall only be liable to pay for any loss in value to the goods if this loss in value is deemed to be due to handling by yourself which is not necessary for inspecting the condition, features and functionality of the goods.
6. RIGHTS ARISING FROM PRODUCT DEFECTS
6.1. If our own or manufacturer's warranties are granted, the details are in accordance with the terms and conditions of the warranty, which are both visible online in the product detail view as well as in writing along with the delivery. If the item delivered is defective, the customer shall be due the statutory rights of guarantee/liability for defects regardless of a possible warranty. There will be no limitation to the customer's legal entitlement to guarantee/liability for defects through a warranty.
6.2. The customer shall undertake to check the goods received for obvious defects and to notify DRYKORN within two days of receipt of the goods. What is essential is the prompt sending of the notification to DRYKORN. If the customer does not meet this obligation to notify defects, claims for these clear defects under guarantee shall be excluded.
6.3. The special provision in clause no 7 will continue to apply to any claims for damages on the part of the customer.
6.4. Apart from that, the statutory defects of title shall apply.
7. LIMITATION OF LIABILITY
DRYKORN, their legal representatives or their vicarious agents shall be liable only in the event of malicious intent or gross negligence. Where contractual obligations have been breached, the liability in cases of minor negligence shall also be limited to foreseeable damage which is normal for such a contract. Claims for damages arising from injury to life, body and health as well as with the product liability law shall remain unaffected by the aforementioned limitation.
8. FURTHER INFORMATION
8.1. Ordering process: When the customer has found the product they want, they can put this into the shopping basket by clicking [into the shopping basket] without any obligation to pay for it. The customer can look at the contents of the shopping basket by clicking on the button [shopping basket] at any point without any obligation to buy. The customer can remove products from the shopping basket at any time by clicking on the [X] button. In order to purchase the products in the shopping basket, the customer must click on the [check-out] button. If the customer is not yet registered, they will be required to provide their information at this stage. The obligatory information is marked with a*. Registration is not required. The customer's data is transferred in an encrypted format. After the customer has entered their information, they move to the button [next] to select their payment method. Then they move to the [next] button to the order page when they can check their details once again. By clicking on the button [buy now], the customer completes the ordering process. The process may be interrupted at any time by closing the browser window down. The customer can get further information on other specific pages including correction options.
8.2. Text of the contract: The order confirmation as well as these terms and conditions will be sent to the customer in text format. The text of the contract will not be stored on our internal systems and cannot be called up by the person placing the order (customer).
8.3. Language of the contract: The text of the contract shall be made available to the customer in English or German.
9. APPLICABLE LAW, DATA PROTECTION AND JURISDICTION
9.1. The law of the Federal Republic of Germany shall exclusively apply. The provisions of the UN purchasing law shall not be applicable.
9.2. All data passed from the purchaser will be handled and processed by DRYKORN in accordance with the respective data protection provisions. The customer shall agree to the collection, processing, use and transfer of their data provided this is required to carry out the contract.
9.3. If the purchaser is a fully qualified merchant according to the German Commercial Code HGB (Handelsgesetzbuch), a legal entity under public law or a public law special trust, if it has no general place of jurisdiction in Germany or if its address or normal place of residence is not known at the date that legal action is filed, exclusive place of jurisdiction for all disputes associated with the contractual relationship shall be the place where DRYKORN has its registered place of business.
9.4. Use of Facebook plugins: Plugins from the special networking site facebook.com, which are operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook) shall be used on these websites. If you call up our website using such a plugin, a connection to Facebook servers will be established and the plugin will then instruct your browser to display the plugin on that webpage as part of the process. Facebook servers will be sent data regarding which of our internet sites you have visited. If you are logged in as a member of Facebook, Facebook will correlate this information with your personal Facebook user account. When using the plugin functions (e.g. clicking on 'like' buttons and commenting), this information will also be attributed to your Facebook account. You can only prevent this by logging out before you use the plugin. You will find more detailed information regarding the collection and use of data by Facebook, regarding your related rights for protecting your privacy, on the data privacy protection instructions on Facebook.
9.5. This website uses services Google Analytics, a web analysis service from Google Inc. (Google). Google Analytics uses 'cookies', which are text files stored on your computer and which facilitate an analysis of your use of the website. The information generated by the cookie about your use of the website (including your IP address) will be transferred to a Google server in the United States and stored there. Google will use this information in order to evaluate your use of the website to produce reports about the website activities for the website operators and in order to produce further services linked with the use of the internet. Google will also potentially transfer this information to third parties provided this is prescribed by law or if third parties contracted by Google are processing this data. On no account will Google connect your IP address with other data from Google. You can prevent the installation of the cookies by adjusting your browser software accordingly; however, we would like to make you aware of the fact, that in this case, it is possible that you will not be able to make full use of all functions of this website. Through using this website, you agree to the processing of the data collected by Google about you in the manner described above and for the purpose previously mentioned. Storing of IP addresses will be done in accordance with the German Teleservices Act TMG (Telemediengesetz).
The European Commission offers a platform for online-dispute resolutions (OS) available here. Consumers have the opportunity to use this platform for the settlement of disputes.
11. CONDITIONS FOR THE DRYKORN GIFTCARD
The issuer of the DRYKORN online store gift card (hereinafter: Giftcard) is DRYKORN Modevertriebs GmbH&Co. KG. With the purchase of a Giftcard you acquire a claim which is embodied by the Giftcard. No interest is paid on the claim. The credit balance of the Giftcard can be redeemed in the DRYKORN online store for the purchase of the respective available assortment in the DRYKORN online store. The Giftcard is only available as a digital pdf document. A physical dispatch does not take place.
11.2 Purchase of a Giftcard
The Giftcard can be purchased in the online store with a credit of EUR 25, EUR 50, EUR 100, EUR 150, EUR 200, EUR 250 or EUR 500. The Giftcard can be paid by credit card and PayPal.
11.3 Special conditions when purchasing a Giftcard
The Giftcard can be purchased in the DRYKORN Online Shop. The order by the customer represents a binding offer to conclude a purchase contract. An acceptance of this offer takes place with the dispatch of the Giftcard by DRYKORN.
11.4 Payment with the Giftcard
The Giftcard can only be used for the purchase of the products available in the online store at the time of order. The Giftcard as a payment method cannot be combined with other vouchers. The amount will be charged to your Giftcard balance if the voucher code remains the same. Any remaining balance will remain on your gift card. If the balance on your gift card is not sufficient to pay for your purchase in full, the difference can be paid with another form of payment. The balance on this card cannot be exchanged for cash. Any remaining balance will not be refunded in cash.
11.5 Validity Loss and liability
In case of loss, theft or damage, the customer bears this risk. DRYKORN is entitled to make debt-discharging payments to the respective holder of the gift card.