Terms & Conditions 2023
General Terms and Conditions
for the online store under the URL
https://customized-culture.com/
operated by
Customized Culture Fashion GmbH
c/o Maximilian Schladitz
Quickbornstraße 49
20253 Hamburg
e-mail: info@customized-culture.com
phone number: +4917649726123
- in the following: Provider -
1. scope of application
These General Terms and Conditions (GTC) shall apply after their inclusion to all contracts for the purchase of goods, services or other goods (hereinafter "goods") in the online store at the above URL in their version valid at the time of conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract, unless the provider expressly agrees to them.
2 Conclusion of contract
2.1 The offers in the online store represent a non-binding invitation by the provider to the online store visitors to submit an offer to purchase the goods offered in the store.
2.2 The goods(s) are ordered via the Provider's online order form. After selecting the desired product(s), entering all requested mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing the order, the customer makes a binding contractual offer to purchase the selected good(s). The contract is concluded by the provider accepting the customer's offer. Acceptance shall be effected by the Provider confirming the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation being received by the Customer or by the Provider delivering the ordered goods and these goods being received by the Customer or by the Provider requesting payment from the Customer (e.g. invoice or credit card payment in the order process) and the request for payment being received by the Customer; the point in time at which one of the alternatives mentioned in the first half-sentence occurs for the first time shall be decisive for the point in time at which the contract is concluded.
2.3 Prior to the binding submission of the order via the Provider's online order form, the Customer can check its entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.
2.4 The Provider shall save the text of the contract after the conclusion of the contract and transmit it to the Customer in text form (e.g. by e-mail). The Provider shall not make the text of the contract accessible beyond this.
2.5 The following languages are available for the conclusion of the contract: German, English
3 Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Details can be found in the cancellation policy, which is provided to each consumer at the latest immediately before the conclusion of the contract.
4 Payment, Default
4.1 The prices listed in the online store at the time of the order shall apply. All prices are inclusive of the statutory value added tax and plus any shipping costs listed. The customer will be informed about the available payment options in the online store of the provider.
4.2 If "SEPA direct debit" is agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the Customer shall be informed when to expect the agreed purchase price to be debited (pre-notification). The direct debit shall not be made before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer shall bear any chargeback fees incurred, provided that the customer is responsible for the failure of the direct debit.
4.3 If payment by credit or debit card has been agreed, the purchase price shall be due immediately after conclusion of the contract.
4.4 If payment via "PayPal" is agreed, the purchase price shall be due immediately after conclusion of the contract. The payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If "Sofortüberweisung" is agreed, the purchase price is due immediately after conclusion of the contract. The payment is processed via Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed, the purchase price is due immediately after conclusion of the contract. The payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. reservation of proprietary rights
The purchased goods remain the property of the provider until full payment of the purchase price.
6 Delivery and self-delivery reservation
6.1 Subject to deviating agreements, delivery shall be made within the delivery time specified in the online store to the delivery address specified by the customer. The applicable delivery times can be found in the online store.
6.2 In the case of freight forwarding deliveries, delivery shall be made "free curbside", unless otherwise agreed. This means delivery to the nearest public curbside to the specified delivery address.
6.3 Self-collection of the purchased goods is excluded.
6.4 If the Provider is unable to deliver the ordered goods because it was not supplied itself through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately about the impossibility of performance. Already rendered counter-performances of the contractual partner will be refunded to him immediately. Mandatory consumer law remains unaffected by this paragraph.
7 Warranty
The provisions of the statutory liability for defects shall apply.
8 Liability
8.1 The provider is liable without limitation:
for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
for damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
on the basis of a warranty promise, insofar as no other provision has been made in this respect;
on the basis of mandatory liability (e.g. under the Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
8.3 In all other respects, liability on the part of the Provider and the liability of its vicarious agents and legal representatives is excluded.
9. data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection provisions. For more details, please refer to the privacy policy of the provider.
10. final provisions
10.1 Applicable is the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with habitual residence in the EU is thereby deprived of mandatory legal provisions of the law of his country of residence.
10.2 If the Customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11 Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found under the heading of these GTC.