1. scope of application and clientele
2. offer and conclusion of contract, contracting party
3. right of revocation
4. storage of the contract text
5. delivery area and delivery
6. prices and shipping costs
8. retention of title; set-off; right of retention
10. contract language
11. applicable law
12. Final Provisions
The Cashmere-Fashion Onlineshop is operated by es ce fashion GmbH, Rosengasse 1, D-82237 Wörthsee, represented by the Managing Director Raphaela Treiber.
1. Scope of Application and Customers
These General Terms and Conditions (GTC) shall apply exclusively to orders placed by customers via our online shop. We do not recognise any deviating terms and conditions of the customer or third parties unless we have expressly agreed to their validity.
The offer in our online shop is aimed exclusively at consumers (any natural person who concludes the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity, § 13 BGB). Accordingly, our products are only sold for private use and in quantities customary in the household; an order for commercial purposes is excluded.
2. Offer and Conclusion of Contract, Contractual Partner
By placing the products in our online shop, we make a binding offer to conclude a contract for these goods. The contract is concluded when you accept the offer by clicking the "Buy" button in the final step of the ordering process for the goods contained in the shopping basket. For this purpose, you will be shown a confirmation window with the details of your order before the order process is completed. In this window you can check and correct your entries before clicking the "Buy" button. Immediately after submitting your order, you will receive an automated confirmation by email ("Order Confirmation").
Your purchase contract is concluded with
es ce fashion GmbH
represented by the Managing Director Raphaela Treiber
registered in the Commercial Register at the Local Court of Munich under HRB 202017
3. Right of withdrawal
Consumers (any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed, §13 BGB) have a statutory right of withdrawal. You can find more detailed information on this in the WIDERRUFSBELEHRUNG.
4. Storage of the contract text
Your order and the order data you entered are stored by us and can be requested from us. In addition, you have the option of printing out your order and the data entered during the ordering process. As long as you have a customer account with us, you can also view your order data at any time in your personal customer area by entering your personal access data. The order data and the GTC will also be sent to the email address you have provided as part of the order confirmation.
5. Delivery area and delivery
We deliver worldwide.
Within Germany as well as to Austria and Switzerland, the delivery is free of shipping costs from € 95,- and is automatically shown in the shopping cart.
To other EU countries the delivery costs are € 13,-, to the rest of the world € 25,-.
Our goods are shipped via the logistics service provider DHL and are delivered to the billing/delivery address provided by the customer.
All packages are insured.Unless otherwise stated in the offer, the delivery time is 3-5 working days from receipt of order. For deliveries to Switzerland, the delivery time is extended by approx. 2-4 working days. For worldwide deliveries, the delivery time is extended accordingly by 4-5 working days.
You will receive your order in a single shipment if possible. If for technical or logistical reasons, for example because your order contains items that need to be packed separately or transported differently, a separate shipment is necessary, this will not incur any additional costs for you.
For orders from Switzerland, the following applies: Import turnover taxes, commissions and customs duties levied by Switzerland are charged by Swiss customs depending on the value of the goods and the weight of the delivery and are to be borne by the recipient when accepting the package.
6. Prices and shipping costs
The prices stated are fixed prices in euros including the applicable statutory VAT. All prices stated are plus shipping costs, if applicable, as per paragraph 5.
For payment, you can choose from the payment options stated in our offer.
Modes of payment:
PayPal Express Checkout, Shopify Payments.
Shopify Payments include: Credit Card (Visa, MasterCard, American Express), Klarna Sofortüberweisung, Invoice and Payment by Instalments.
The processing takes place completely via Klarna. In addition, Shop Pay and Apple Pay are offered..
With purchase on account, the invoice amount is due for payment to our external partner Klarna GmbH on the calendar day specified in the invoice (14 calendar days after the invoice date). The payment method purchase on account requires, among other things, a successful credit check by Klarna GmbH. If the customer is permitted to purchase on account after a credit check, the payment will be processed in cooperation with Klarna GmbH, to whom we assign our payment claim. In this case, the customer can only make payment to Klarna GmbH with debt-discharging effect. We remain responsible for general customer enquiries (e.g. about the goods, delivery time, dispatch), returns, complaints, revocation declarations and deliveries or credit notes even if the purchase is made on account via Klarna. The Terms and Conditions of Klarna GmbH shall apply.
8. Retention of Title; Offsetting; Right of Retention
For consumers, we retain title to the purchased item until the invoice amount has been paid in full. If you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal entity under public law or a special fund under public law, we retain ownership of the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.
You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you shall only have a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
If the customer is in default with any payment obligations towards us, all existing claims shall become due immediately.
In the event of defects in the delivered goods, the statutory rights shall apply.
10. Contractual language
The contractual language is German.
11. Applicable law
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, insofar as this does not conflict with mandatory international consumer protection law.
12. Final provisions
If individual provisions of these terms and conditions are or become invalid, this shall not affect the validity of the remaining provisions.