AGB & WIEDERRUFSRECHT
§ 1. GENERAL
(1) These General Terms and Conditions (hereinafter: "GTC") of
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Telephone: +49(0) 7242/933 10 91
Email: info@rootless.fashion
Managing Director: Thorsten Weingärtner
Tax number:DE353174888
(hereinafter: “ROOTLESS FASHION & ACCESSORIES”) as contractual partners apply to all orders in the online shop at https://www.rootless.fashion (hereinafter: “online shop”). The customer has the option to view, print out and save the terms and conditions in a reproducible form as part of the ordering process. The applicable version of the GTC can also be accessed at https://www.rootless.fashion/agb.
(2) All agreements made between ROOTLESS FASHION & ACCESSORIES and customers in connection with an order are contained in the purchase contract concluded by both parties, the General Terms and Conditions and the order confirmation of ROOTLESS FASHION & ACCESSORIES (cf. § 3 Para. (2) of this GTC) finally laid down. By placing an order, the customer agrees to the validity of the general terms and conditions valid at the time of the order. Any of the customer's own terms and conditions that contradict these terms and conditions will not become part of the contract. The text of the contract is saved by ROOTLESS FASHION & ACCESSORIES, but for security reasons it can no longer be accessed by the customer after completing an order process. However, the customer is free to print out the relevant website during the ordering process using the print function of his browser. Registered customers with a user account can also view, change and save personal data such as contact details within their user account ("your account"), and view the status of orders.
(3) Contract language is German.
§ 2 OFFER
(1) The range of goods from ROOTLESS FASHION & ACCESSORIES at http://www.rootless.fashion is aimed exclusively at persons with unlimited legal capacity and legal entities. Persons with no or limited legal capacity are only authorized to use the range of goods offered with the cooperation and consent of their legal representative.
(2) Images in the online shop are for product presentation only and do not represent a legally binding offer from ROOTLESS FASHION & ACCESSORIES; Changes and errors are reserved in this respect.
§ 3 CONCLUSION OF CONTRACT
(1) The ordering process is initiated by the customer placing the products presented in the online shop in the virtual "shopping cart" and then going to the virtual "checkout". By clicking the "Buy" button during the ordering process, the customer initiates the completion of an order and makes a legally binding offer to ROOTLESS FASHION & ACCESSORIES to conclude a purchase contract for the products in the shopping cart. The data entered can be changed by the customer at any time up to the end of the ordering process using the control and correction functions (“Edit” and “Remove” buttons) integrated into the ordering process.
(2) The receipt of orders from the customer will be confirmed immediately (hereinafter: "order confirmation"). The order confirmation as such does not represent a legally effective declaration of acceptance by ROOTLESS FASHION & ACCESSORIES, but merely informs the customer that the order has been properly transmitted to ROOTLESS FASHION & ACCESSORIES; an order confirmation can nevertheless be combined with a declaration of acceptance of the contract (cf. Section 3 (3) of these General Terms and Conditions).
(3) The acceptance of an order and thus the conclusion of a contract only takes place through (i) an express declaration of acceptance of the contract (hereinafter: "order confirmation"), (ii) by means of delivery of the goods and notification of the shipment (hereinafter: "dispatch confirmation") or ( iii) in the event of a request for payment (e.g. advance payment, immediate transfer). In the event that several of the aforementioned alternatives (i) to (iii) exist, the contract comes into effect at the point in time at which one of the aforementioned alternatives occurs first. ROOTLESS FASHION & ACCESSORIES has a period of three working days after receipt of an order to accept a contract offer.
§ 4 STATUTORY RIGHT OF WITHDRAWAL
(1) The statutory right of withdrawal applies, about which ROOTLESS FASHION & ACCESSORIES instructs below in accordance with the statutory provisions. A contractual granting of rights that goes beyond the law is not associated with this. In particular, commercial resellers are not entitled to the statutory right of withdrawal.
right of withdrawal
You have the right to withdraw from this contract within sixty days without giving a reason.
The cancellation period is sixty days from the day
- on which you or a third party named by you who is not the carrier took possession of the goods, provided you ordered one or more goods as part of a single order and these are delivered in one go;
- on which you or a third party named by you who is not the carrier took possession of the goods, provided that you ordered one or more goods as part of a single order and these are delivered separately;
In order to exercise your right of withdrawal, it is sufficient that you tell us
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Telephone: +49(0) 7242 / 933 10 91
Email: info@rootless.fashion
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form for this, but it 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
The following applies to EU countries, Great Britain and Switzerland:
If you revoke this contract, we will refund all payments that we have received from you, minus the delivery costs, immediately and at the latest within fourteen days from the day on which we received the returned goods. (We keep the domestic delivery costs as a processing fee for our consulting service and to cover the costs actually incurred.) In the case of a complete return, we also reimburse the costs for the outward shipment. With the enclosed return label, the return shipping is free of charge for you.
For the repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed; 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.
The bundle price only applies if all products in the bundle are purchased. If individual products from a bundle are returned, we reserve the right to assess the price of the remaining products at the price valid on the day of purchase.
The deadline is met if you send the goods before the period of fourteen days has expired to:
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Germany
We bear the costs of returning the goods from EU countries, Great Britain and Switzerland. For every ROOTLESS FASHION & ACCESSORIES package that is sent within the EU, you can easily and quickly process the return or exchange via our. If you want to register your return, please use your order number including the hashtag (#12345 for example). On the following pages you will be guided step by step to your return label.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functionality of the goods.
The following applies to returns from abroad:
For all deliveries outside of the EU countries, Great Britain and Switzerland, you bear the direct costs of returning the goods.
Please send the goods back to us at your own expense with tracking number including the return slip to:
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Germany
After receipt of the goods, we will refund the full purchase price, including shipping costs. (Only applies to a return of the entire order.)
The bundle price only applies if all products in the bundle are purchased. If individual products from a bundle are returned, we reserve the right to assess the price of the remaining products at the price valid on the day of purchase.
End of revocation
(2) Reproduction of the statutory model cancellation form
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
On:
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Email: info@rootless.fashion
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
------------------------------------------------- ---------------
Signature of consumer(s) (only if notified on paper) Date
(*) Delete where not applicable.
(3) ROOTLESS FASHION & ACCESSORIES makes the following non-binding recommendations for handling goods during the cancellation period and for returning goods in the event of a cancellation, whereby ROOTLESS FASHION & ACCESSORIES expressly points out that these are pure recommendations in this respect are not prerequisites for an effective exercise of the statutory right of withdrawal: In the event of a return, the customer is asked not to send the goods back to ROOTLESS FASHION & ACCESSORIES as a postage paid parcel, rather than postage paid. ROOTLESS FASHION & ACCESSORIES sends the customer a parcel label together with the delivery of the goods as part of an automated process.
The customer is asked to avoid damaging and contaminating the goods during the course of the cancellation period and to return the goods to ROOTLESS FASHION & ACCESSORIES in the original packaging with all accessories and packaging components if possible. If the original packaging is no longer available, we ask that suitable packaging be used to avoid transport damage.
§ 5 GOODS PRICES, SHIPPING COSTS AND ACCEPTED PAYMENT METHODS
(1) All prices include statutory value added tax and plus any shipping costs and other costs that arise from the selected payment method. The prices of the day of the order apply to goods ordered via the online shop. The prices are explicitly stated during the ordering process. The customer will also be informed about the amount of the shipping costs and the costs arising from the selected payment method during the ordering process.
(2) Shipping Costs
After the contract has been successfully concluded, it can take up to 48 hours for your package to be dispatched.
Weekends and public holidays are excluded.
COUNTRY
SHIPPING
ESTIMATED DELIVERY TIME
zone 0
free from 100€ purchase value
Germany
5€
3-5 workdays
Zone 1
EU
5€ (free from 100€ purchase value)
5-8 business days
zone 2
European abroad
5€ (free from 100€ purchase value)
5-8 business days
Switzerland, United States
€19.95
6-9 workdays
Russia
€19.95
28 business days
zone 3
€15.00
6-9 workdays
For different countries please contact our support.
Please note that deliveries outside the EU may incur customs fees.
(3) ROOTLESS FASHION & ACCESSORIES accepts payment by "credit card" (Master, Visa and Amex), "PayPal" and "Sofort-Überweisung"; ROOTLESS FASHION & ACCESSORIES reserves the right to exclude individual payment methods.
§ 6 Maturity and order processing
(1) Claims invoiced to the customer by ROOTLESS FASHION & ACCESSORIES are generally due and subject to deviating provisions in these GTC upon conclusion of the contract and are payable without deduction.
(2) When paying by credit card, the terms of use of Stripe Inc. apply. Credit card data is not stored by us, but passed on to the payment service provider, Stripe Inc., and processed by Stripe. ROOTLESS FASHION & ACCESSORIES processes users' credit card charges via Stripe, Inc., 3180 18th Street, Suite 100, San Francisco, California, USA. For this purpose, the user's credit card details are passed on to the company. Data processing takes place in the USA and is subject to US law. The credit card data is stored in encrypted form at Stripe to make it easier for you to make a purchase. The Stripe Inc terms of use can be found here: https://stripe.com/de/terms
(3) When paying by "PayPal", the "PayPal Terms of Use" of PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg. The applicable terms of use, which users of PayPal in relation to PayPal (Europe) S.à.r.l. & Cie, S.C.A. have to agree are available in German at www.paypal.com. The dispatch takes place after payment confirmation by PayPal.
(4) The customer can also use the payment method “Sofort-Überweisung” of SOFORT GmbH, Fußbergstr. 1, 82131 Gauting. In principle, every Internet user can use Sofortüberweisung as a payment method if he has an activated online banking account with a PIN/TAN procedure. The customer must note that instant transfer is not yet available at a few banks. If the “instant transfer” service is used, ROOTLESS FASHION & ACCESSORIES receives the transfer credit immediately, which speeds up the order processing (shipping after credit). All the customer needs is an account number, sort code, PIN and TAN. Using the secure payment form from SOFORT GmbH, www.sofortueberweisung.de automatically and in real time places a transfer in the customer's online bank account. The purchase amount is immediately transferred to the ROOTLESS FASHION & ACCESSORIES bank account. This service is free for the customer, only the fees (transfer fee) of the customer's house bank may apply.
(5) Invoices, credit notes and, if applicable, reminders are sent to the customer exclusively in electronic form by email.
§ 7 Set-off and right of retention
(1) The customer is only entitled to offset claims if the counterclaim with which he wants to offset relates to claims for consideration from the same purchase contract, has been legally established, recognized by ROOTLESS FASHION & ACCESSORIES or is undisputed.
(2) The customer can only assert rights of retention if the counterclaim is based on the same purchase contract.
§ 8 Retention of title
Ordered goods remain the property of ROOTLESS FASHION & ACCESSORIES until full payment.
§ 9 Delivery
(1) Information about delivery times are expected delivery times. If the item is sent as a package, the delivery time is approx. 5 working days from payment, unless otherwise stated in the online shop.
(2) ROOTLESS FASHION & ACCESSORIES delivers ordered goods to the delivery address specified by the customer either itself or by commissioning a third party.
(3) ROOTLESS FASHION & ACCESSORIES will inform the customer immediately by e-mail about goods that are not in stock and the resulting delays in delivery. In those cases, ROOTLESS FASHION & ACCESSORIES is entitled to make partial deliveries, insofar as this is reasonable for the customer. The resulting additional shipping costs are at the expense of ROOTLESS FASHION & ACCESSORIES. The customer's statutory rights remain unaffected.
(4) If ROOTLESS FASHION & ACCESSORIES is not able to deliver the ordered goods through no fault of its own because the sub-supplier has not fulfilled its contractual obligations, or if the goods ordered by the customer are for a period of at least one month due to force majeure not available, ROOTLESS FASHION & ACCESSORIES can withdraw from the purchase contract. ROOTLESS FASHION & ACCESSORIES will inform the customer immediately in the event of corresponding delivery problems. In the event of withdrawal by ROOTLESS FASHION & ACCESSORIES, ROOTLESS FASHION & ACCESSORIES will immediately reimburse the customer for any payments already made. Further legal claims of the customer remain unaffected.
§ 10 Warranty, Guarantees and Customer Service
(1) The statutory warranty regulations apply. If the delivered goods are defective, the customer is entitled to the statutory rights relating to defects, after which he is initially limited to the right to supplementary performance, within the scope of which he can choose between remedying the defect or delivery of a defect-free item. However, ROOTLESS FASHION & ACCESSORIES can refuse the selected type of supplementary performance if it involves disproportionate costs for it. If the type of supplementary performance to which the customer is entitled fails or is unreasonable for him, the customer is entitled to reduce the purchase price, to withdraw from the contract in the case of a not insignificant defect and/or to claim damages.
(2) If the customer or a third party commissioned by him tried to remedy the defect himself, but thereby increased it or caused further defects, liability for defects is excluded in this respect.
(3) Any additional guarantees granted by ROOTLESS FASHION & ACCESSORIES do not affect the customer's statutory warranty claims.
(4) ROOTLESS FASHION & ACCESSORIES customer service can be reached under the following contact details:
ROOTLESS FASHION & ACCESSORIES
Gewerbering 23
76287 Rheinstetten
Telephone: +49(0) 7242 / 933 10 91
Email: info@rootless.fashion
§ 11 Copyright and industrial property rights
(1) The content of the website at http://www.rootless.fashion, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter: "Content") is the (intellectual) property of ROOTLESS FASHION & ACCESSORIES, its licensees or content providers, unless third-party copyrights exist. Reproduction, editing, translation and other processing of the content, including the use of the content, in particular on platforms such as www.ebay.de, are not permitted.
(2) Listed trademarks and brand names are (intellectual) property of their respective owners.
Section 12 Liability
(1) ROOTLESS FASHION & ACCESSORIES is liable according to the statutory provisions, unless liability is excluded according to the following provisions.
(2) ROOTLESS FASHION & ACCESSORIES excludes liability for slightly negligent breaches of duty, unless damage to life, limb or health or guarantees are affected or claims under the Product Liability Act are affected. Furthermore, liability for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely, remains unaffected.
(3) The provisions of this § 12 also apply to breaches of duty by vicarious agents of ROOTLESS FASHION & ACCESSORIES.
§ 13 data protection
(1) ROOTLESS FASHION & ACCESSORIES will collect, process and store all personal data provided by the customer (e.g. title, name, address, e-mail address) exclusively in accordance with the provisions of German data protection law.
(2) ROOTLESS FASHION & ACCESSORIES uses the data provided by the customer to fulfill and process the order. The customer's data is passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, ROOTLESS FASHION & ACCESSORIES may pass on the customer's payment data to the house bank or payment service provider of ROOTLESS FASHION & ACCESSORIES. Once the contract has been completed and the purchase price has been paid in full, the customer's data will be blocked for further use and completely deleted after the tax and commercial storage obligations have expired.
(3) ROOTLESS FASHION & ACCESSORIES provides additional information on data protection at https://www.rootless.fashion.
§ 14 Final Provisions
(1) German law applies to the exclusion of the UN Sales Convention. If the customer is a consumer resident in the European Union, the law of the country in which the customer resides may also apply if mandatory consumer protection regulations are involved.
(2) Should a provision of these General Terms and Conditions be or become legally ineffective, this shall not affect the validity of the remaining provisions.
§ 15 Extrajudicial dispute resolution according to VSBG
From February 1, 2017, a new German regulation in the law on alternative dispute resolution in consumer matters (VSBG) will come into force. According to this, every consumer has the fundamental right vis-à-vis an entrepreneur to use an out-of-court arbitration board in the event of disputes about a consumer contract that cannot be resolved by mutual agreement. Whether the entrepreneur is obliged to participate in the out-of-court dispute resolution procedure is determined by law.
We hereby expressly declare in accordance with § 36 Paragraph 1 No. 1 VSBG that we are not obliged and therefore not willing to participate in an out-of-court dispute settlement procedure before a consumer arbitration board according to the VSBG.
Conditions for participation in competitions:
Only natural persons who are resident in Germany, Austria or Switzerland are entitled to participate in competitions.
Participants must be at least 18 years of age.
ROOTLESS FASHION & ACCESSORIES employees and affiliated companies as well as their relatives are excluded from participating in the competition.
Only those who meet the conditions of participation and, if they win, provide the sender information (name, address, telephone number, email address if applicable) truthfully and completely can participate.
Each participant takes part in the competition only once. The legal process is excluded