General Terms and Conditions (GTC) for german Online Shops of Simplicity trade GmbH
The following terms and conditions are presented in German and can be downloaded. Optionally, these can be requested in digital or written form from www.opus-fashion.com and www.someday-fashion.com or from the email addresses firstname.lastname@example.org and email@example.com. They are also being sent with every order.
§ 1 Applicability
The following terms and conditions apply exclusively to contracts between private customers and Simplicity trade GmbH, Heinrich-Hertz-Straße 2, 59302 Oelde, Germany, represented by its managing director Stefan Leewe, through the german Online Shop (hereinafter referred to as "Online Shop") (https://de.opus-fashion.com or https://de.someday-fashion.com).
§ 2 Product selection
The customer has the option to select and order products through communication methods customarily used in the market via the websites www.opus-fashion.com and www.someday-fashion.com. The customer will be provided with a separate description of each product on said websites. The customer can select the product listing the website to learn more about the product. The customer then has the option to select products and place them into a virtual shopping basket.
§ 3 Contract conclusion
The Online Shop internet catalogue only represents a prospectus; by presenting products on the websites, the Online Shop invites customers to submit orders. If the customer has made a product selection, to complete the purchase the customer will receive a summary of the products with the total price including VAT. Before submitting the order the Online Shop allows customers to check the order for accuracy, especially as to price and quantity, and to make corrections if necessary. The customer submits his order by clicking the "Buy Now" button. The Online Shop will immediately confirm the receipt of the order by email. The Online Shop reserves the right to reject the conclusion of the contract; this decision is at Online Shop's discretion. In such a case the Online Shop will inform the customer immediately. The customer must also have a delivery address within the Federal Republic of Germany. The customer is bound to his order no longer than 5 days after receipt of the order. The Online Shop accepts the customer's order by sending the shipping confirmation email.
Once the contract is created, the customer may also read and download the terms and conditions thereof. The text of the contract will be stored by the Online Shop. A copy of said text can be obtained by the customer by sending a request to firstname.lastname@example.org or email@example.com.
The Online Shop does not sell products to minors, including items specifically designed for the use of minors. The Online Shop only sells to adults.
The minimum order value when redeeming a voucher is 40,00 EUR.
§ 4 Prices
Prices are given in EUROS and include the legally valid value added tax. The value added tax rate and portion will be shown on the invoice.
§ 5 Delivery
The Online Shop will deliver to the order address specified by the customer. Delivery can only take place within the Federal Republic of Germany. Delivery to post office boxes is excluded. Delivery will proceed via DHL. The delivery time will be between 1-3 business days after conclusion of the contract. If the customer determines that the goods have been damaged during transport, the Online Shop would ask to be informed immediately, if possible. The Online Shop hereby informs you that informing us is not a prerequisite for exercising the statutory right of withdrawal or assertion of claims for defects.
§ 6 Payment conditions
The customer can pay the purchase price by invoice, credit card (Visa, MasterCard, American Express), SOFORT Transfer, SEPA direct debit or Paypal.
The deadline for the advance information of the SEPA direct debit is shortened to one day. The customer's account will be debited after the due date of the invoice. No payment fees will be charged for these payment methods.
A customer resident in Germany can also pay by cash on delivery. For this service, the shipping company charges a COD charge, of which the customer has to pay pro rata 2.00 €. This amount is shown separately in the order process and on the invoice and is part of the invoiced amount. The total invoice amount is to be paid upon delivery of the consignment to the deliverer.
If a coupon is redeemed when placing an order, only a single coupon would be accepted for each order. Only one voucher may be redeemed per order. Principally, cash payment of e-Shop coupons is likewise ruled out. The Online Shop checks and assesses details concerning the customer’s use of any data given by credit agencies at the same time and it may reject a certain mode of payment if there is a legitimate reason for it. For credit checks and solvency control, data exchange takes place in particular with:
Infoscore Consumer Data GmbH
The Online Shop has commissioned a reliable payment service provider, BS PAYONE GmbH, to process the payments (SEPA direct debit, SOFORT Transfer, PayPal, credit card). For this purpose, BS PAYONE GmbH needs certain, i.a. personal information of the customer, which we collect from you and transmit to BS PAYONE GmbH. These are the name and address, account number/IBAN and bank code/BIC or credit card number (including security number and validity period), invoice amount and currency, and the transaction number. BS PAYONE GmbH may use this information for the purpose of payment processing and pass it on to the Online Shop. It is obliged to treat the information in accordance with German and European data protection laws.
§ 7 Delay in receipt or payment
If the customer does not accept the goods at the agreed place of delivery, or does not collect the goods within an appropriate period from a DHL packstation, the Online Shop is then entitled to withdraw from the contract upon fruitless lapse of a grace period of 14 days. In this case, the Online Shop is entitled to claim 12 per cent of the gross purchase price as flat damages in lieu of performance, unless the customer proves that significantly less or no damage has occurred. The Online Shop reserves the right to allege damage caused on a larger scale.
§ 8 Reservation of title
The article delivered remains property of the Online Shop until the complete payment has been made.
§ 9 Warranty and dispute settlement
The online shop is liable for defects of the goods in accordance with the statutory provisions, in particular §§ 434 ff. BGB and the mandatory rules on the sale of consumer goods. A guarantee is only available to the customer if the online shop has submitted to this separately. As far as possible, the customer must use the original packaging and the return note contained therein for any return. The online shop expressly points out that the assertion of claims for defects and / or claims for damages as well as the exercise of the right of withdrawal is not dependent on this. The EU Commission has provided an internet platform for the online settlement of disputes (so-called "OS platform"). The OS platform serves as a point of contact for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform can be reached at the following link: http://ec.europa.eu/consumers/odr.
Simplicity trade GmbH is unwilling and not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
§ 10 Copy right law and trademark
The website is property of the Online Shop and is operated by it. All content on the website inclusive of the texts, graphs, photos, still images, moving images, sounds, illustrations and software (hereinafter "CONTENT") is property of the Online Shop and/or its subsidiary companies, licence holders and/or content providers. All elements of the website including the general design and content are protected by the copyright law and other laws. Unless otherwise stated on the website, any copying, adaptation, translation, storage or processing of the content, in particular the dissemination of any image and/or text material on third party platforms, e.g. eBay, is expressly prohibited. All brand labels, service marks, and brand names used herein are - unless otherwise specified - brand labels or registered trademarks of the Online Shop. Without previous written approval of the Online Shop, the customer is not authorised to use the brand name in any similar way or to copy, reproduce, republish, upload, send, transfer, distribute or change it.
§ 11 Conditions of participation E-scooter competition
The organizer of the competition is Simplicity trade GmbH, Heinrich-Hertz-Strasse 2, 59302 Oelde, represented by its CEO Stefan Leewe, ibid.
Only persons who have their residence in Germany and are over the age of 18 are eligible to participate. Employees of Simplicity trade GmbH or affiliated companies are excluded from participation.
3. Participation period
The competition will run from the 01.04.19. until 15.07.2019. Registration deadline is therefore the 15.07.2019 - later registrations will not be considered.
4. Modalities of participation
Only participants who answer the question correctly and sign up for the someday newsletter will be eligible to win this competition. Participation takes place via the form provided for this purpose on our website, or via the forms laid out in selected stores. The participant can unsubscribe from the subscription at any time via a link in the newsletter.
A total of 50 electric scooters of the make "Niu", model "M +" will be drawn throughout the company. Every winner receives one of these electric scooters. A cash payment is not possible.
6. Selection and notification of the winner
The winners will be drawn monthly. Simplicity trade GmbH will randomly select the winners from all participants who answered the winning question correctly and signed up for the newsletter during the participation period. The draw and notification will take place on the first day of the month following the participation period. If this day falls on a weekend or a public holiday, the draw shifts to the next working day. The winner will be notified via the e-mail address provided at the time of registration.
7. Shipping the prize
So that we can deliver the prize, each winner is required to provide us his/her name and address after notification of having won. The data will only be passed on to a third party, in this case our contractual partner Evectro Motors, for the purpose of sending the prize. If the winner has not submitted his data to us until 31.08.2019, the prize will be forfeited. The participant is responsible for the correctness of the given data.
The costs for sending the prize are borne by Simplicity trade GmbH. Follow-up costs for Insurance, registration, energy consumption, and repairs are the sole responsibility of the winner.
8. Legal process
The legal process is excluded. The liability of Simplicity trade GmbH for material and legal defects of prizes is excluded.
§ 12 Final provisions
The law of the Federal Republic of Germany shall apply exclusively with the exception of the UN Sales Convention (CISG).
The contract language is German.
If one or more of the clauses constituting these conditions is or becomes ineffective, the remaining clauses remain effective. The Online Shop and the customer will replace the ineffective condition with another that is economically most appropriate for the contract parties.
Version number of the General Terms and Conditions: 2019.001, Dated: 28.03.2019