§ 1 General provisions, scope of General Terms and Conditions
1.1 All deliveries and services are exclusively provided based on the following General Terms and Conditions (hereinafter “GTC”) in its version valid at the time of the order. Adverse terms and conditions shall not apply unless said conditions were expressly accepted in writing.
1.2 Contractual partner for purchases made via NINE TO FIVE’s online shop is the owner (hereinafter “seller”):
1.3 Customers as defined by these GTC may be consumers as well as entrepreneurs (hereinafter “customer”). Consumers as defined by these GTC are natural persons entering contracts for a purpose that is neither commercial nor can be attributed to the person’s professional occupation. Entrepreneurs as defined by these GTC are natural or legal persons or business partnerships acting in their commercial or independent professional capacity upon conclusion of the contract.
1.4 German shall be sole language of negotiations and contracts. The terms and conditions mentioned hereinafter are also the sole binding conditions for all foreign business transactions.
§ 2 Conclusion of contract
2.1 The products offered in our online shop constitute an offer to conclude a sales contract with us. Orders can be placed through our online shop. The contract is concluded upon our acceptance of your order, which we will declare by transmitting a separate order confirmation, or at the latest upon delivery of the products ordered.
2.2 If you have found a product you like you can take a non-binding closer look by clicking on the product’s name or picture. If you want to put the product into your shopping cart, click the button [Into the shopping cart].
2.3 Our offers are subject to change and non-binding. Therefore, the information displayed on our websites does not constitute a legally binding offer. You can order by phone, through our website (online) or by email. If the order is placed through our website, you will submit a binding offer to conclude a sales contract by clicking the „buy now“ button. We are entitled to accept the offer within 14 calendar days by sending a contract confirmation (by mail or email) or by carrying out the order. The offer shall be considered as rejected, if we don’t accept it within 14 calendar days. A sales contract shall not be concluded for products that were not listed in the order confirmation.
§ 3 Storage of contract text
We store your order and the data provided by you. We will send you an order confirmation by email, stating all data concerning your order. Furthermore, you have the opportunity to print your order as well as the GTC before submitting your order.
§ 4 Revocation instructions
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons.
The revocation period of 14 days commences on the day you or a third party specified by you – who is not the forwarder – took possession of the goods.
In order to exercise your right of revocation, you have to inform us:
Consequences of revocation
You have to send back or return the goods at once, at the latest within 14 days after the day you informed us about revoking this contract. The deadline shall be observed, if you send back the goods before the end of the 14 day period. You will bear the immediate costs for the return of the goods. You will only have to bear the costs for a possible loss in value of the goods, if this loss is due to improper handling of the goods when checking quality, properties and performance.
§ 5 Prices
All prices are stated in Euro including VAT. Costs for shipping and packaging have to be added to these prices as stated below ( § 6 ).
§ 6 Shipping costs
6.1 We ship within Germany within 2-3 days and from 100 € free of charge. Within Europe we have separate shipping charges.
6.2 For deliveries within the EU, we will charge a flat rate of 14 € - this includes: Belgium, Bulgaria, Denmark (excluding Faroe Islands and Greenland), Finland (excluding Aland Islands), France (excluding overseas territories and departments), Greece (except Mount Athos), Great Britain (excluding Channel Islands), Ireland, Italy (excluding Livigno and Campione d’Italia), Croatia, Latvia, Lithuania, Luxemburg, Malta, Monaco, the Netherlands (excluding areas outside of Europe), Austria, Poland, Portugal, Rumania, Sweden, Slovakia, Spain (excluding Canary Islands, Ceuta and Melilla), Czech Republic, Hungary.
6.3 Outside the EU, we will charge a shipment flat of 29 € for the following countries: Andorra, Iceland, Norway, Switzerland, Turkey.
6.4 Import charges (customs duties) might arise for shipments outside the European Union. We will not bear customs duties that might arise.
6.5 We ship via DHL or another forwarder of our choice.
§ 7 Delivery times
7.1 Our products are normally ready for dispatch within 1-3 days after receipt and confirmation of your order.
7.2 Partial deliveries resp. services are permitted, provided that any conflicting interests are not unacceptably affected hereby. Should a partial delivery become necessary, we will of course bear the additional shipping costs – without extra charge for you.
7.3 In cases of force majeure, the delivery time may reasonably be extended. Force majeure shall include: unforeseeable difficulties in procuring materials, riots, strike, lockout, industrial disruption, fire, natural disasters, shipping problems, changes in the legal provisions, official measures or regulations or the occurrence of any other unforeseeable events beyond our control, which – viewed objectively – we have not culpably caused. If any of the above-mentioned incidents occurs, we shall inform you immediately. If this impediment to performance – as outlined in the incidents above – prevails for more than four weeks, you shall be entitled to withdraw from the contract. No further claims – especially the right to claim damages – exist in such a case. This limit of liability does not apply in cases of intent, gross negligence, assurances or breaches of significant contractual obligations caused by negligence, or if mandatory liability exists for legal reasons due to foreseeable damages.
7.4 The articles displayed in the shop are normally manufactured in limited quantity. It is therefore possible, that articles might no longer be available at the time of your order. Should we be unable to deliver an article, we have the right to withdraw from the contract.
§ 8 Terms of payment
8.1 Payment of the purchasing price is due upon conclusion of the contract. Should the due date of the payment be defined according to calendar, exceeding this date shall already constitute default. In case of default, we are entitled to demand interest in the amount of 5 percentage points above the respective base interest rates. We reserve the right to prove and claim higher damages due to default (section 288, subsections 3, 4 BGB (Bürgerliches Gesetzbuch, i. e. German Civil Code)).
8.2 We offer the following methods of payment:
8.3 All payments are due net to NINE TO FIVE Fashin UG (limited liablity). Payment shall only be considered as effected if we have free disposal of the sum. Any set-off against our claims shall be excluded, unless the contractual partner’s set-off demand is not contested by us, or has been legally confirmed or acknowledged by us in writing. You may only exercise a right of retention if the claims result from the same contract. Limitations and exclusions of liability shall not apply if such involve a counterclaim arising from a non-cash claim entitled to refuse performance or if rights are asserted regarding a claim for damages.
8.4 General discount provisions:
§ 9 Terms of delivery
9.1 We only ship within Germany, into EU member states and Switzerland.
9.2 If the customer is a consumer, we will bear the risk of dispatch regardless of the shipping method. If the customer is an entrepreneur, the customer will bear all risks of dispatch as soon as we have handed over the goods to our forwarder.
§ 10 Reservation of proprietary rights
The delivered goods shall remain our property until all obligations have been paid.
§ 11 Warranty and liability
Our warranty regulations are based on the German Civil Code (BGB). If the purchase constitutes a business transaction for both parties, the provisions of the German Commercial Code (HGB) shall remain unaffected.
§ 12 Customer services
Please contact us if you have any questions or reason for complaint. Please send your email to: [email protected]
§ 13 Intellectual property rights
The products and motives we sell and/or use are protected by copyright. Use resp. copying of these motives is only admissible with our written consent. By paying your obligations you will not acquire the right to use our intellectual property or copyrights. This especially includes all images, designs, logos and names as well as possible trade marks and intellectual property rights. If you make any modifications to the delivered goods or attach them to other materials thus violating the protective rights of third parties, we cannot be held liable.
§ 14 Data protection
We strictly observe data protection laws. In accordance with the provisions of the Federal Data Protection Act (i. e.: Bundesdatenschutzgesetz - BDSG), you agree to the storage, processing and utilization of your personal data transmitted when processing your order. We store your order and address data for the purpose of processing your order (also for forwarding the data to the companies we cooperate with regarding order processing and dispatch), for possible warranty claims and for product recommendations to our customers according to our data protection declaration and the current laws on data protection. In addition, the provisions of our data protection declaration (as can be seen on our website) apply.
§ 15 Right to object according to Federal Data Protection Act (BDSG)
As concerned party, according to the Federal Data Protection Act (BDSG) you have the right to object to the utilization or transfer of your data for advertising purposes (blocking indicator), provided you had given us your prior explicit consent. Furthermore, you have a right of access to and under certain conditions a right of rectification, blocking or erasure of your personal data stored in one of our files. For further information or explanations on data protection, please contact the company’s data protection official at NINE TO FIVE UG (limited liability), Oelkersallee 14a, D-22769 Hamburg by email: [email protected] If you want to exercise your right to object according to BDSG, please also contact the data protection official.
§ 16 Legal system, place of jurisdiction
16.1 German law applies, excluding the United Nations CISG (Convention on Contracts for the International Sale of Goods).
16.2 In case of customers closing the contract for a purpose that cannot be attributed to professional or commercial activities (consumers), this choice of law does not affect the mandatory provisions of the customer’s usual state of residence.
16.3 If the customer is a business person, a legal entity of the public law or a special fund under public law, the place of jurisdiction shall be the location of our headquarters in Hamburg.
§ 17 Miscellaneous
17.1 The language of the contract shall be German.
17.2 Should one or several provisions of these General Terms and Conditions of Sale be invalid the remaining clauses shall continue in full force and effect. Where any provisions are invalid, the content of the contract shall be subject to legal provisions.
As per February 2016