(1) These General terms and Conditions of Purchase form part of all agreements concluded between Releezer Deutschland GmbH, Prinzenallee 7, 40549 Düsseldorf, represented by its Managing Director, Thomas Petzold, [email protected] (hereinafter referred to as SELLER) and the Customer.
(2) The SELLER sells high-quality branded products through its online shop, particularly in the fashion, leather goods, scents, accessories and jewellery segments (herein after referred to as goods). The SELLER provides its services exclusively on the basis of these General terms and Conditions of Purchase, which can be accessed at any time on this website and are e-mailed to the Customer in the event of an agreement being concluded.
(3) Should you have cause to complain, you can contact us at any time under the details stated in Paragraph 1.
Section 2 Conclusion of agreement(1) The presentation of the goods in the online shop does not yet constitute a binding offer by the SELLER.
(2) The Customer may select any item from the product range and place goods in the shopping cart by clicking on the shopping cart symbol. The Customer can empty the shopping cart again at any time by changing the number of products or closing the purchasing process by closing the browser. The changes can be implemented with a mouse, keyboard and/or touchscreen. By clicking on the “GO TO CHECKOUT” button, the Customer is transferred to a page where they can register as a new user or log in as an existing customer. A user name and password plus contact details are entered for this purpose. Once the registration has been successful and the delivery address has been confirmed, the Customer can select the dispatch type and afterwards receives information on the payment type. By clicking on the “GO” button, the Customer is forwarded to a page on which they are provided with an overview of the order after confirming the General Terms and Conditions of Purchase as well as the information on their right to withdraw and data protection. Should the Customer wish to change their order again at this point, they can get back to the shopping cart by clicking on “Cancel checkout and go back to shopping cart” link. If no further changes are to be made to the order, the Customer can complete the ordering process and submit a binding order by clicking on the “PLACE BINDING ORDER” button. The Customer receives confirmation of receipt of order as soon as the ordering process has been completed. The SELLER stores the order and the ordering data entered by the Customer in accordance with the Data Protection Policy attached. The Customer is also e-mailed their ordering data.
(3) The Customer is e-mailed a notification of receipt of order. This order confirmation also constitutes the acceptance of the purchase agreement by the SELLER.
Section 3 Data Protection PolicyPlease click here to access the SELLER’s Data Protection Policy.
Section 4 Terms and conditions of delivery and dispatch / shipping(1) Goods are dispatched to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s ordering process is crucial to the processing of the transaction.
(2) For logistics reasons, goods can currently only be delivered in Germany and Austria. Deliveries take 2 to 10 working days from the day after the receipt of payment by the SELLER.
(3) For details on the exact shipping costs, please refer to our dispatch information.
(4) In the event of the SELLER incurring additional shipping costs due to an incorrect delivery address or addressee being stated and/or failure to accept or collect a delivery, the Customer shall reimburse these costs, unless the circumstances fall outside the Customer’s scope of control.
Section 5 Payment conditions and prices(1) The purchase price is due immediately upon conclusion of the agreement. The Customer has the following payment options:
Card paymentWhen the Customer places an order, they can pay with a valid credit card (VISA or Mastercard) by entering their card information. The corresponding amount is blocked immediately on the Customer’s credit card but only debited once the goods have been dispatched from the SELLER’S warehouse. The SELLER reserves the right to check the expiry date of the card, the available credit compared to the order value and the Customer’s address details. Based on the results of this check, the SELLER may also reject the order.
SOFORT transferWhen selecting the “SOFORT” payment type, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “SOFORT”). In order to make a payment through “SOFORT”, the Customer must have an online bank account using the PIN/TAN authentication method which has been approved for use with the “SOFORT” service, provide legitimate ID during the payment process and confirm the payment instruction to “SOFORT”. “SOFORT” performs the payment transaction immediately after and debits it to the Customer’s bank account. For further information on the “SOFORT” payment type, the Customer can go to https://www.klarna.com/sofort/. (2) All prices stated include statutory VAT but exclude shipping costs.
When selecting the “SOFORT” payment type, the payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter referred to as “SOFORT”). In order to make a payment through “SOFORT”, the Customer must have an online bank account using the PIN/TAN authentication method which has been approved for use with the “SOFORT” service, provide legitimate ID during the payment process and confirm the payment instruction to “SOFORT”. “SOFORT” performs the payment transaction immediately after and debits it to the Customer’s bank account. For further information on the “SOFORT” payment type, the Customer can go to https://www.klarna.com/sofort/. (2) All prices stated include statutory VAT but exclude shipping costs.
Section 6 Retention of titleThe SELLER retains the ownership of the goods until they have been paid in full.
Section 7 Cancellation policy Cancellation rightYou have the right to cancel this agreement without stating any reasons within 14 days from the date on which you, or a third party named by you who is not the forwarder of the goods, has taken, or takes, possession of the goods.
In order to exercise your cancellation right, you must send an explicit notification of your decision to cancel this agreement to Releezer Deutschland GmbH, Prinzenallee 7, 40549 Düsseldorf, Germany, [email protected], phone: +49 (0) 211 781 735-10, fax: +49 (0) 211 781 735-11 (e.g. by posting a letter or sending a fax or e-mail). You can use the cancellation form template, but this is not compulsory.
To assert your cancellation right it is sufficient for you to send the notification of your decision to exercise your cancellation right before the expiry of the cancellation period.
Consequences of cancellationIf you cancel this agreement, we must return all payments received from you, including delivery costs (with the exception of the additional costs resulting from you selecting a type of delivery that differs from the more cost-effective standard delivery offered by us), immediately and no later than within 14 days from the date on which we received your notification of cancellation of this agreement. We shall return payment to you through the same payment option used for your original transaction, unless explicitly agreed otherwise with you. We shall never charge any fees for such repayments. We may refuse to return payment until the goods have been returned to us or until you have provided us with proof that you have returned the goods, depending whichever date comes first.
You shall return the goods to us by mail or in person immediately and in any case no later than 14 days from the date on which you notify us of the cancellation of this agreement. This 14-day period has been complied with if you send off the goods prior to its expiry date. You shall carry the direct costs for returning the goods.
You only have to pay for any loss of value of the goods if this is caused by your handling of the goods that is unnecessary for testing the properties, characteristics and functions of the goods.
Cancellation form template(Please complete this form and return it to us should you wish to cancel the agreement)
(*) Delete all that do not apply
Section 8 Warranty / limitation of liability(1) The Customer has a statutory warranty right. The warranty is governed by the legal provisions, unless otherwise stated in the following limitations of liability with regard to compensation for damages.
(2) The SELLER shall only assume liability for damages caused by acts of malicious intent or gross negligence committed by the SELLER, with the exception of injury to life, limb and health and violations of material contractual obligations (handover and transfer of rights and obligations of the goods). This also applies to indirect subsequent damages, such as in particular lost profits.
(3) The SELLER shall also assume liability for the slightly negligent violation of material obligations, which jeopardises the fulfilment of the contractual purpose, or for the violation of obligations whose fulfilment are crucial for the proper fulfilment of the agreement and in the compliance with which the Customer can regularly trust. In such case, however, the SELLER shall only assume liability for the discernible damage that can by typically expected for the type of agreement. The SELLER shall not assume any liability for the slightly negligent violation of obligations other than those stated in the sentences above. The above limitations of liability shall not apply in the case of injury to life, limb and health, defects after the assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under product liability law is not affected.
(4) Insofar as the liability of the SELLER is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Section 9 Governing law, place of jurisdiction and contractual language(1) All disputes arising in connection with the initiation, fulfilment or processing of the contractual relationship between the SELLER and Customer are exclusively governed by German law, unless mandatory consumer protection regulations of the country in which the Customer has their regular place of residence take precedence. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
(2) The place of jurisdiction and place of fulfilment is the head office of the SELLER if the Customer is a business person, legal entity under public law or special trust under public law.
(3) The contractual language is German.
Section 10 Severability clauseShould individual provisions of these General Terms and Conditions of Purchase be ineffective, in whole or part thereof, this shall not affect the remaining provisions of these General Terms and Conditions of Purchase.
Section 11 Information on arbitration(1) The European Commission provides a platform for out-of-court arbitration (Online Dispute Resolution platform), which can be accessed at http://ec.europa.eu/odr
(2) The SELLER endeavours at all times to amicably resolve any differences arising from the contractual relationship. However, the SELLER shall not participate in any proceedings before an officially recognised consumer arbitration service. Legal action may be taken at any time.
General Terms and Conditions of Purchase version: 10/04/2019