General Terms and Conditions of Hechler & Nickel Fashion GmbH

Terms of contract in the context of purchase contracts via the Hechler & Nickel web shop, available at: www.hechler-nickel.com, in between of Hechler & Nickel Fashion GmbH, Wilhelminenstr. 7 b, 64283 Darmstadt, entered in the commercial register of the Darmstadt district court under HRB 88856, telephone number: +49 (0) 6151 - 6017746, represented by the managing director Martina Nickel, VAT identification number: DE 815158641 - hereinafter referred to as „provider“ and the customers referred to in clause 2 of the contract - hereinafter referred to as „customer“ – getting closed.

1. Scope; definitions
   1. For the business relationship between the provider and the customer, where the customer purchases goods via the website: www.hechler-nickel.com (hereinafter ("website"), these general terms and conditions of the provider (hereinafter "GTC") apply exclusively in their version valid at the time of the order. Goods are sold via the website to consumers and entrepreneurs. Any deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
   2. Customer means a user of the Website who accesses it directly or indirectly. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly 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 their commercial or independent professional activity. The sale of goods through the website is not for the purpose of commercial resale to dealers.
2. Possibility of registration
   1. Orders through the website can be made as a registered or unregistered customer.

      If the customer already has a customer account, he can log in with his e-mail address and password. If the customer does not already have his own customer account, he will be offered to set one up during the ordering process. However, setting it up is not required to place an order.

   2. To set up the account, the customer must confirm his email address. The provider sends an email with a confirmation link that the customer must confirm. The customer can only access the customer account after confirming the link.
   3. The customer is obliged to provide exact and valid contact and address data (in particular with regard to his contact details: e-mail address, telephone number, etc.) when registering but also during the entire ordering process and to keep this up to date if necessary. In particular, the provider is not liable for orders that are not confirmed, not executed or incorrectly executed due to missing or inaccurate customer information.
3. Conclusion of contract; Voucher purchase and redemption conditions
   1. Conclusion of contract
      1. Goods and gift vouchers can be purchased directly via the provider's website.
      2. The presentation of the goods and gift vouchers on the website does not constitute a binding offer, but an invitation to the customer to place an order.
      3. The customer can select goods, especially clothing, shoes, accessories, etc., but also gift vouchers in different amounts (EUR 25, EUR 50, EUR 100, EUR 250, EUR 500, EUR 1000) from the range of the provider and these products via collect the "Add to cart" button in a so-called shopping cart.

         If the amount desired by the customer for the gift voucher is not specified, the customer has the option of having a combination created from the amounts available on the website. As part of the ordering process, he can leave a request in the checkout to combine the selected individual amounts into a total amount.

      4. The shopping cart can be viewed at any time using the "Shopping Cart" button. By clicking on the "Continue shopping" button, the customer can decide at any time whether he would like to continue his selection of goods or whether he would like to complete his order. To complete the selection of goods, the customer clicks on the "Checkout" button. The customer will then be asked to log into any existing customer account, to register for the first time or to enter their contact details in order to continue as a non-registered customer.

         The customer then selects the payment method from the payment methods offered and, if necessary, enters the required payment data. The customer then selects the desired shipping method if he does not want to use the provider's click and collect service.

         The customer can click on the “Continue” button to go to the “Check and order” page. Before sending the order, the customer can change and view all the data entered here at any time. It is possible to redeem existing gift vouchers by entering the voucher code. However, the customer's offer can only be submitted and transmitted if the customer has accepted the GTC by ticking the box and thereby included them in his offer. By clicking on the “Order with obligation to pay” button, he submits a binding offer to purchase the goods in the shopping cart (“Order”).

      5. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer.
      6. The contract is only concluded when the provider submits the declaration of acceptance, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by the provider on a durable medium (e-mail or paper printout) (contract confirmation). If the customer purchases a gift voucher, they will receive another e-mail with the gift voucher as an attachment to print out or forward. The e-mail will be sent after the payment has been registered.
      7. The customer can view the text of the contract, consisting of the order information and the general terms and conditions applicable at the time of the order, at any time in his customer account. These are stored there in compliance with data protection.
      8. If the customer uses payment methods within the framework of the payment service provider PayPal Checkout, the contract is concluded, in deviation from Section 3.1.6, after the customer has entered their payment data via the payment service provider’s website and forwarded the payment instructions to the provider.
      9. The final contract is in German.
   2. Redemption Conditions
      1. The voucher is transferable as a value voucher - can therefore also be given as a gift - and is not personalized as a gift voucher. The provider can make payments to the respective holder of the gift voucher with discharging effect. This does not apply if the provider has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization to represent the respective owner of the gift voucher. The gift voucher can be redeemed in connection with ordering goods via the provider's website or in the provider's shop. When ordering via the provider's website, the gift voucher can only be redeemed upon completion of the booking process by stating the voucher code. Subsequent offsetting is excluded. The redemption is always possible for all goods currently available on the website of the provider. The range of goods may vary.
      2. The gift voucher can be redeemed within the statutory limitation period (period of validity) of three years. The redemption period begins at the end of the year in which the voucher was purchased. Any remaining credit after redemption can also be redeemed within the above period of validity.
      3. Voucher credit is neither paid out in cash nor does it earn interest. If the price of the goods is lower than the value of the redeemed gift voucher, the voucher code used remains active with regard to the difference. The difference can be used for further orders of goods via the provider's website using the voucher code.
      4. If the customer passes the voucher on to a third party or gives it away, the conditions of participation regulated here remain in force and must be brought to the attention of the recipient. If deviating agreements on the modalities of redeeming the voucher are made when the voucher is passed on, these only have a legal effect between the person passing them on and the recipient.
4. Delivery
   1. Delivery times specified by the provider are calculated from the time of the order confirmation, provided the purchase price has been paid in advance (except for purchases on account). The delivery time for national shipping is approx. 1-3 working days. The delivery times for international shipping can be viewed via a linked overview directly next to the respective goods.
   2. Deliveries will be made to the address given by the customer when placing the order. For this reason, the delivery address given when placing the order in the web shop is decisive for the processing of the order. The customer can find the respective shipping method in the order overview before sending his order.
   3. If the delivery of the product fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs resulting from this.
   4. The following delivery restrictions apply: [ ].
5. Click and Collect Service
   1. In addition to the delivery, the customer can also pick up the ordered goods by using the Provider's Click and Collect service in the Provider's shop. To do this, the customer selects “Click and Collect” under “Payment & Shipping” when placing the order.
   2. The goods are reserved for 3 days in the seller's shop. The goods are paid for when they are picked up in the shop.
   3. If the customer does not pick up the goods within the pick-up window, the provider sets the customer a pick-up period of another 2 days. If this also expires without the customer picking up the goods, the provider is entitled to withdraw from the contract.
6. Retention of Title

   The delivered goods remain the property of the provider until full payment has been made. Non-payment may lead to a reclaim of the corresponding goods.

7. Prices and shipping costs
   1. All prices stated on the provider's website include the applicable statutory sales tax. The prices refer to the goods shown in each case according to the description, but not to the content, accessories or decoration.
   2. The shipping costs incurred for deliveries to EU and non-EU countries are shown separately in the order form. They are not included in the purchase price and must be borne by the customer unless the customer makes use of his right of withdrawal. The return from Germany is free.
   3. The goods are shipped via DHL. The customer can choose between different shipping methods during the ordering process. An overview of the shipping methods, shipping conditions and the respective prices can be found here.
   4. The provider bears the shipping risk if the customer is a consumer.
   5. In the event of a cancellation, the customer must bear the direct costs of the return shipment.
   6. In the case of international delivery, additional costs may arise in individual cases. Other taxes, e.g. in the case of an intra-community acquisition and/or duties such as customs duties. However, these payments are not made to the provider, but to the responsible tax or customs authority.
8. Payment Arrangements
   1. The provider uses the payment service provider PayPal Checkout. Various payment methods are available to the customer. After submitting the order, you will be forwarded to the website of the payment service provider. There the customer enters his payment data and confirms the payment order to the provider.
   2. The customer can pay by credit card, direct debit, payment on account, payment by PayPal installments, payment by PayPal, Pay Later, payment by Giropay, payment by SOFORT, PayPal, Alipay, advance payment/bank transfer or voucher:

      Details on the individual payment methods can be found here .

   3. In the case of an existing customer account, the customer can change the payment method stored there at any time.
   4. The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest of 5 percentage points above the base interest rate for the year.
   5. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
9. Warranty for Material Defects, Guarantee
   1. The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the seller is 12 months for entrepreneurs.
   2. There is only an additional guarantee for the goods delivered by the seller if this was expressly given in the order confirmation for the respective article.
10. Liability
    1. Customer claims for compensation are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
    2. In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer claims for damages resulting from injury to life, limb or health.
    3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
    4. The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
11. Cancellation policy
    1. When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, about which the provider will provide information based on the statutory template below. The exceptions to the right of withdrawal are regulated in paragraph 2. A model cancellation form can be found in paragraph 3.

       Right of withdrawal

       You have the right to revoke this contract within fourteen days without giving reasons.

       The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

       To exercise your right of withdrawal, you must inform us (Hechler & Nickel Fashion GmbH, Wilhelminenstr. 7b, 64283 Darmstadt, Germany, phone: +49 (0) 6151 - 6017746, fax: +49 (0) 6151 - 6060748, email: shop@hechler-nickel.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). 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 withdraw from this contract, we must return to you all payments that we have received from you, excluding delivery costs and additional costs such as service flat rates, immediately and at the latest within fourteen 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 return or hand over the goods to us immediately and in any event no later than fourteen 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.

    2. The right of withdrawal does not apply to contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
    3. The provider informs about the model cancellation form according to the legal regulation as follows:

       Sample withdrawal form

       (If you want to revoke the contract, please fill out this form and send it back.)

       On

       Hechler & Nickel Fashion GmbH

       Wilhelminenstr. 7b

       64283 Darmstadt

       Phone: +49 (0) 6151 - 6017746, Fax: +49 (0) 6151 - 6060748

       Email: shop@hechler-nickel.de

       I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

       Ordered on (*): _______________________________________________

       Received at (*): _______________________________________________

       Name of the consumer(s): _________________________________

       Address of consumer(s): __________________________________

       Date: __________________________________________________________

       __________________________________________________________________

       Signature of consumer(s)

       [If revocation is not sent by mail]

       (*) Please cross out what is applicable.

       END OF REVOCATION

12. Final Provisions
    1. The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.
    2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office.
    3. The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.