Terms of Service

scope

The following General Terms and Conditions (GTC) apply to all orders via our online shop.

Contractual partner, conclusion of contract
The purchase contract is concluded between Schulz Fashion GmbH, Kaiserswerther Strasse 215, 40474 Dusseldorf and you as the customer. The terms and conditions formulated here apply exclusively.

We sell our goods exclusively to consumers.

The placement of goods in the online shop represents a non-binding invitation to you as a customer to order the goods. You can first place our products in the shopping cart and correct your entries at any time by using the correction aids provided and explained in the ordering process. You only make a binding offer to conclude a purchase contract at that moment by clicking on the order button (order).

Immediately after sending the order you will receive a confirmation by e-mail. This automatically generated confirmation of receipt of your binding offer does not represent acceptance on our part. The acceptance of the offer and thus an effective purchase contract takes place either by separate e-mail or by sending the goods.

With the conclusion of the purchase, the general terms and conditions become part of the purchase contract. You have the opportunity at any time before completing the ordering process to take note of these General Terms and Conditions, to save them and/or to print them out.

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data by e-mail. You can view the contract text at any time in your customer account as well as all previous orders.

Prices, terms of delivery
The prices stated at the time of the order apply plus VAT. Shipping.

All prices include the statutory VAT.

The purchase price incl. VAT and the shipping costs incurred are also displayed in the order form before you send the order.

We only deliver within Germany to your home or to a delivery address specified by you. We do not deliver to packing stations. It is not possible to collect the goods yourself from our branches.

pay
The payment method PayPal Plus is available in our shop. Within this payment service you can make the payment by:

Credit card
Your credit card will be charged upon completion of the order.

Paypal
You pay the invoice amount via the online provider PayPal. You must always be registered there. register first, legitimize with your access data and confirm the payment order to us. You'll get more information during the ordering process.

SEPA direct debit (only within Germany)
If you give us a SEPA mandate, payment will be made by direct debit from your bank account. The account will be debited before the goods are shipped. We will inform you separately in advance about the date of the account debit. The period for your advance information about the date of the account debit (pre-notification period) is reduced to 3 days.

retention of title
The goods remain our property until full payment

transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or carrier. to claim transport insurance.

Warranties and Guarantees
Unless expressly agreed otherwise below, the statutory right to a warranty for defects applies in accordance with §§ 434 ff BGB.

The limitation period for warranty claims is two years from delivery of the goods. Within this period, you have the right to subsequent performance (either rectification of defects or new delivery) and, if other legal requirements are met, the statutory rights to a reduction in price or withdrawal from the contract, as well as compensation.

Set-Off and Rights of Retention
You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed.

liability
We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

in the event of injury to life, limb or health
in the event of intentional or grossly negligent breach of duty
for guarantee promises, if agreed
as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.

For the rest, claims for damages are excluded.

right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or Has.

In order to exercise your right of withdrawal, you must send us (Schulz Fashion GmbH, Kaiserswerther Straße 215, 40474 Dusseldorf, email: sophie@thefashionboutique.de phone: 0049 (0) 221 / 540 80 140) a clear statement (e.g. B. a letter sent by post, or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within 14 days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must send the goods back to Schulz Fashion GmbH, Kaiserswerther Straße 215, 40474 Düsseldorf without undue delay and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs 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.

You can send back the goods that qualify for return by post or bring them back to a COLLOSEUM, FASHION CLUB store in Germany.

The goods can only be returned if the following conditions are met:

all labels on the goods must be attached
the goods security must be attached to the goods and unopened
the goods must be unworn, with the exception of a fitting, unsoiled and undamaged
Returns to the stores are only possible with a printed invoice!
Returns can be sent in either the original mailing bag or in a different box.
Goods that were purchased outside of the online shop cannot be exchanged or refunded in this way. be sent back.

If you want to revoke the contract, send an informal e-mail to sophie@thefashionboutique.de. This e-mail should contain your declaration that you are revoking your consent and the further information in accordance with the following model revocation form. Then an allocation of your revocation to the order placed is guaranteed.

revocation

Since you will bear the direct costs of returning the goods in the event of cancellation, please do not return your return "carriage forward", but stamp it sufficiently.

Online Dispute Resolution
Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr.

Online dispute resolution in accordance with Section 36 (1) sentence 1 VSBG: The Federal Ministry of Justice provides a platform for online dispute resolution (OS), which you can find at https://www.verbraucher-schlichter.de.

These platforms serve as a contact point for out-of-court dispute resolution from online purchase or service contracts in which a consumer is involved.

Data protection
Schulz Fashion GmbH, Kaiserswerther Strasse 215, 40474 Dusseldorf (AG Düsseldorf, HRB 90063) as the operator of the online offer at http://www.thefashionboutique.de is the responsible body for the collection, processing and use of the personal data of the users of the online offer within the meaning of the Federal Data Protection Act (BDSG). FC collects, processes and uses your personal data in accordance with the content of this data protection declaration and the applicable German data protection laws, in particular the BDSG and the Telemedia Act (TMG).

With this data protection declaration, FC would like to inform you which personal data is collected, processed and used about you.

Personal Data

Personal data is individual information about your personal or factual circumstances. This includes all information about your identity, such as your name, your e-mail address, your postal address or your telephone number. On the other hand, information that cannot be linked to your identity (e.g. the number of users of the online offer) does not count as personal information.

In principle, you can use the online offer without disclosing your identity and without providing personal data. However, for some of the services offered (e.g. if you order goods or register for our newsletter), some information is mandatory and marked as mandatory. If further information is requested, this is voluntary information. In principle, your data will only be collected, stored and used for the purposes of the online offer, in particular for the processing of your goods orders.

Storage and processing of personal data

Your information is stored on specially protected servers. These are protected by technical and organizational measures against loss, destruction, access, modification or dissemination of your data by unauthorized persons. Access to your data is only possible for authorized persons. They are responsible for the technical, commercial or editorial support of the servers. Despite regular checks, complete protection against all hazards is not possible.

Your personal data will be transmitted in encrypted form over the Internet. We use SSL encryption (Secure Socket Layer[b1] ) for data transmission.

Disclosure of Personal Information to Third Parties

In principle, FC only uses your personal information within its own company, including affiliated companies, to fulfill the services you have requested (e.g. when processing your order). Insofar as external service providers are used as part of the provision of services, their access to the data is also exclusively for the purpose of providing the service. FC uses technical and organizational measures to ensure compliance with data protection regulations and also obliges our external service providers accordingly.

Furthermore, FC does not pass on the data to third parties without your express consent, in particular not for advertising purposes. Your personal data will only be passed on if you have consented to the data being passed on yourself or if FC is required to do so by law and/or official or is entitled or obliged to do so by court orders. In particular, this may involve the provision of information for the purposes of criminal prosecution, to avert danger or to enforce intellectual property rights.

use of our website

information about your computer

Every time you access our online offer, FC collects the following information about your computer, regardless of your registration:

the IP address of your computer, the request from your browser and the time of this request
the status and the amount of data transferred as part of this request
Product and version information about the browser used and the operating system of the computer
From which website the online offer was accessed. The IP address of your computer will only be saved for the time you are using the online offer and will then be deleted or made anonymous by shortening it. The remaining data is stored for a limited period of time.
FC uses this data for the operation of the online offer, in particular to identify and eliminate errors, to determine the utilization of the online offer and to make adjustments or improvements.

Use of cookies

Cookies are used for the online offer. Cookies are small text files that are stored on your computer and that store certain settings and data for exchange with FC's online offering via your browser. A cookie usually contains the name of the domain from which the cookie file was sent, information about the age of the cookie and an alphanumeric identifier.

Cookies enable FC to recognize your computer and make any default settings available immediately. Cookies help to improve the online offer and to be able to offer you a better service that is even more tailored to your needs.

Most browsers are set to automatically accept cookies. However, you can deactivate the storage of cookies or set your browser so that it notifies you as soon as cookies are sent. Please note that you may only be able to use the online offer to a limited extent or not at all if you refuse the storage of cookies.

Use of Google Analytics

The FC website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent the data generated by the cookie and related to your use of the website (incl. your IP address) to Google and the processing of this data by Google by downloading and installing the browser plug-in available under the following link http://tools.google.com/dlpage/gaoptout?hl=de

Social-Media-Plugins

For our online offer we use so-called social media plugins ("plugins") from the social networks Facebook, google plus, Twitter, Instagram and Pinterest.

network established. The social networks receive the information that you have visited our site with your IP address. If you click one of the buttons while you are logged in to one of the services, the information that you have visited our online offer can be assigned to your user account there. If you are a member of one of the services and do not want the social networks to collect data about you via the online offer and link it to your member data, you should log in to Facebook, google plus, Twitter, Instagram before visiting our online offer or log out of Pinterest and delete the associated cookies.

We would like to point out that as the provider of this website, we have no knowledge of the content of the data transmitted or how it is used by the social networks. For more information on which data is collected by calling up the social plugins on Facebook, google plus, Twitter, Instagram or Pinterest and how this data is used, please refer to the respective data protection regulations at:

Facebook
Facebook Inc.
1601 S. California Ave, Palo Alto
CA 94304, USA
http://de-de.facebook.com/about/privacy/

Twitter
Twitter Inc.
795 Folsom St., Suite 600, San Francisco
CA 94107, USA
http://twitter.com/privacy

google plus
Google Inc.
1600 Amphitheatre Parkway, Mountain View
CA 94043, USA
https://www.google.de/intl/de/policies/privacy/

Pinterest
Pinterest Inc.
808 Brannan St., San Francisco
CA 94103-4904 USA
http://www.pinterest.com

Instagram
1 Hacker Way
Menlo Park
CA 94925 USA
​https://www.instagram.com

Online and contact form

If you would like to use the online or contact form on our homepage, you must provide personal data such as your name and e-mail address. We collect and use this data exclusively for the purpose of responding to your request or to be able to answer your request.
Insofar as personal data is requested when using the homepage, the required mandatory information is marked with an asterisk in the respective input masks. You can add all other data on a voluntary basis.

order processing

For order processing, we work together with various companies that are responsible for payment processing and logistics, for example. We ensure that our partners also comply with data protection regulations.

Orders via PayPal Plus

Depending on the selected payment method, payment processing for orders may be carried out by involving a service provider. If payment is made by direct transfer or credit card, your personal data will not be transmitted to or from required by the respective service provider so that your order can be executed.

additional Information

Protection of minors

Children and young people under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians. FC does not specifically ask for personal data from children or young people, does not deliberately collect it and does not pass it on to third parties.

Links to Other Sites

Our online offer contains links to other websites. These links are usually marked as such. FC has no influence on the extent to which the applicable data protection regulations are observed on the linked websites. FC therefore recommends that you also inform yourself about the respective data protection declarations on other websites.

data subject rights

You have a right to information about your stored data and, if necessary, a right to correction, blocking or deletion of the data. The contact person for this is the data protection officer.

Once you have given your consent, you can revoke it at any time with effect for the future:

By sending an email to sophie@thefashionboutique.de
Or by post to Schulz Fashion GmbH, Kaiserswerther Strasse 215, 40474 Dusseldorf
Contact

Our data protection officer is available for further information on how we handle personal data:

Schulz Fashion GmbH,

Kaiserswerther Straße 215,

40474 Düsseldorf

or by e-mail: sophie@thefashionboutique.de

Changes to this Privacy Policy

The status of the data protection declaration is indicated by the date (below). FC reserves the right to change this data protection declaration at any time with effect for the future. A current version can be called up directly via the online offer. Please visit the online offer regularly and inform yourself about the applicable data protection declaration.

Status of this data protection declaration: July 2020

Final Provisions
German law applies exclusively to this contractual relationship, excluding the UN Convention on the International Movement of Goods (CISG). If you are a consumer and have your habitual residence in another country at the time the contract is concluded, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.