dagmarfischer mode General Terms and Conditions

between

DAGMARFISCHER MODE GmbH

- hereinafter referred to as “dagmarfischer mode” -

and

the client named in Art. 2 of the contract - hereinafter referred to as “customer” -

the following contractual terms & conditions for purchase contracts that have been entered through the dagmarfischermode.de platform shall apply. The following terms and conditions are set down in the German language and the customer may download them into their storage memory for later printout. The contract text will be stored by dagmarfischer mode. You may request the text via the website dagmarfischermode.de or by sending an e-mail to sales@dagmarfischermode.de in digital form or in writing. The contract language is German.

The European Commission provides a website for the out-of-court resolution of disputes (ODR website), which can be found here: http://ec.europa.eu/odr.

 

1 Scope, definitions

(1) The business relationship between dagmarfischer mode and the customer (hereinafter referred to as “customer”) shall be governed exclusively by the following terms and conditions in their last amended version at the time of ordering. Any deviating conditions on the part of the customer shall not be recognized, unless dagmarfischer mode explicitly agrees to their applicability.

(2)The customer is a consumer to the extent that the purpose of the ordered goods and services is not related to their professional or self-employed activity. A company, on the other hand, refers to any individual or legal entity or partnership with legal capacity, that at the time of contract conclusion acts in their capacity as a professional or self-employed person.

 

2 Contract conclusion

(1)The customer may choose items from the dagmarfischer mode range, including but not limited to clothing and textiles and select them through the “add to basket” button in a so-called cart. The customer may see a detailed product description on the respective website. The items in the web shop are prototypes. There is possibility that the products may show slight deviations in color or design. By clicking on the “purchase” button, the customer makes a binding offer to buy the goods in the cart. Prior to submitting the order, the customer may review and correct the order for correctness, particularly regarding price and quantity and make adjustments if necessary (i.e. by using the back button or cancelling the order and changing the entries made). The purchase request may only be submitted and transmitted if the customer consents to these contractual terms by clicking the “accept terms and conditions” button and thus has included them in their request.

(2) dagmarfischer mode will then issue the customer an automatic order confirmation via email which includes the order of the customer and which can be printed out by the customer using the “print” function. The automatic order confirmation merely documents that the order has been received by dagmarfischer mode and does not constitute acceptance of the request. The contract shall only come in effect after issuing the declaration of acceptance which will be sent via separate e-mail (order confirmation). dagmarfischer mode can accept the customer’s offer within five working days starting on the day the order was sent by the customer according to Art. 2 (1). By way of acceptance within this period by submitting an order confirmation explicitly designated as such via e-mail or by sending the merchandise, the contract between dagmarfischer mode and the customer shall be deemed as entered.

 

3 Delivery, availability of goods

(1) Goods are to be shipped within two to three working days upon receipt of payment. If the selected items are not available at the time when the goods are ordered by the customer, dagmarfischer mode will inform the customer accordingly without undue delay.  Should the product no longer be available, dagmarfischer mode will also inform the customer accordingly. In this case, no contract will come into effect.

(2) If the product selected by the customer in their order is only temporarily unavailable, dagmarfischer mode shall also inform the customer accordingly without undue delay. Any delayed delivery of more than two weeks entitles the customer to withdraw from the contract. Additionally, dagmarfischer mode shall also be entitled to withdraw from the contract in this event. Any payments made by the customer will be immediately refunded.

 

4 Reservation of title

dagmarfischer mode retains title of ownership to the delivered merchandise until the purchase price has been paid in full.

 

5 Prices and shipment

(1) All prices listed on the dagmarfischer mode website include the applicable statutory VAT and are exclusive of shipping and packaging. The VAT rate and amount will be shown in the invoice. VAT is only charged on orders to destinations within the EU. Orders to destinations outside of the EU are not charged VAT.

(2) The customer may see the applicable shipping charges in the order form and on the website under the menu item “delivery & return” and they will be borne by the customer unless the customer exercises his right to withdraw.

(3) The merchandise will be shipped by mail. dagmarfischer mode assumes all risk of loss if the customer is a consumer. Shipments abroad may entail additional taxes and costs, especially customs. These shall be borne by the client. Customer may request more detailed information under: sales@dagmarfischermode.de. Invoices are due immediately. Payment shall be considered effectuated once dagmarfischer mode is able to dispose of the money. Right of retention may only be granted to the customer if their counterclaim is based upon the same contractual relationship.

 

6 Payment terms

(1) Customer may pay via bank transfer, Giropay, Klarna (buy now pay later, monthly financing or pay now) or PayPal.

(2) Payment of the purchase price is due at the time of the contract conclusion. If the payment due date is based on the calendar, the customer shall already be in default if the deadline is missed. In this case, customer shall pay interest on the sum due at the rate of 5 percentage points above the base interest rate.

(3) In the event of a returned direct debit (due to insufficient funds in the current account, because the account no longer exists or unsubstantial objection by the account holder), dagmarfischer mode may charge the resulting fees to the customer. In the event of a returned direct debit, the customer entitles dagmarfischer mode to resubmit the direct debit for the payment obligation due another time.

(4) The customer’s obligation to pay interest on arrears and/or chargeback fee shall not exclude nobanana's enforcement of additional damage caused by delay.

 

7 Right of withdrawal for consumer contracts

Any contract entered between dagmarfischer mode and the customer through dagmarfischermode.de regarding the delivery if goods is referred to as a distance contract in terms of Art. 312 b, sec. 1 of the German Civil Code (BGB). Customers, who, according to Art. 13 BGB are referred to as consumers, are by law entitled to a right of withdrawal pursuant to Art. 312d, 355 BGB (consumer right to withdrawal from distance selling transactions). Pursuant to Art. 13 BGB, consumers are all individuals who enter into a transaction for a purpose which can neither be attributed to their commercial nor their self-employed freelance activity. More detailed information regarding the right of withdrawal as a consumer can be found in the separate cancellation instructions. Cancellation instructions in text form will be sent to the customer by e-mail. The customer may use the cancellation form should they wish to exercise their right of cancellation.

 

8 Warranty for material defects, guarantee

(1) dagmarfischer mode shall be liable for material defects pursuant to the applicable legal requirements, in particular Art. 434 ff. BGB. There is a 23-month warranty obligation with regard to companies for goods delivered by dagmarfischer mode.

(2) Any additional guarantee on the goods delivered by dagmarfischer mode shall only apply if this has been explicitly stated in the order confirmation regarding the respective item.

 

9 Liability

(1) Any customer claims for damages shall be excluded. The above shall apply with the exception of all customers claims for damages resulting from loss of life, bodily injury or health damages or the violation of essential contractual obligations (cardinal obligations) as well as the liability for other forms of damage which can be attributed to willful or grossly negligent breach of duty on the part of dagmarfischer mode, its legal representative or vicarious agents. Major contractual obligations are those whose performance makes the due performance of the contract possible.

(2) If they are responsible for breaching essential contractual obligations, dagmarfischer mode’ liability shall be limited to the foreseeable damage typical for the contract if caused by inadvertent negligence, unless the customer’s claims for damages result from loss of life, bodily injury or health. 

(3) The restrictions of sections 1 and 2 shall also apply in favor of dagmarfischer mode’ legal representatives and vicarious agents should claims be brought forward directly to them.

(4) The provisions in accordance with the product liability law shall remain unaffected.

 

10 Information on data processing

(1) dagmarfischer mode collects data of their customers during contract processing. dagmarfischer mode observes in particular the regulations of the German Federal Data Protection Act and the German Telemedia Act. Without prior consent of the customer, dagmarfischer mode shall only collect, process or use existing or usage date to the extent where this is necessary for implementation of the contractual relationship and for the use and settlement of telemedia services.

(2) dagmarfischer mode shall refrain from using customer data for promotional, market or opinion research purposes without the consent of the customer.

(3) The customer may at any time access the data stored by them using the menu button “my User account” in his profile and change or delete them if they were registered as a customer. With regard to the consent of the customer and additional information for data collection, processing and use, we further would like to point out to the privacy statement which may be accessed at any time on the dagmarfischer mode website using the “data protection” button.

 

11 Final provisions

(1) The contracts between dagmarfischer mode and the customer are based on the law of the Federal Republic of Germany and to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions applicable in the customer’s home country will remain unaffected hereof.

(2) The exclusive legal venue for all disputes arising of or within the context of this agreement between the customer and dagmarfischer mode, shall be dagmarfischer mode’ registered office, if the client is a commercial agent, a corporate body under public law or a separate fund under public law.

(3) The fact that some of the items in this contract may be legally ineffective does not exclude the remaining contract from remaining legally binding. The ineffective provisions shall be replaced by statutory provisions where available. Should this constitute unreasonable hardship for one of the parties, the  contact shall be rendered ineffective in its entirety.