General terms and Conditions of use for styligion GmbH
applicable to online-orders at www.styligion.com
1.1 These General terms and Conditions shall apply exclusively and to all contracts and the general business relationship between styligion GmbH, of Frankfurter Str. 233, Triforum – Forum A, 63263 Neu-Isenburg (hereafter „styligion“) and their contractual partners (hereafter „customer“; styligion and the customer hereafter jointly and severally also the “party/parties”), in particular those arising from the use of the www.styligion.com online shops (hereafter “web shop”) or by using other means of distance communication.
1.2 styligion does not recognise the customer’s terms and conditions including such terms as apply to objects not mentioned in these terms and conditions, unless styligion has explicitly agreed to these in writing. These terms and conditions shall also apply when styligion makes the contractual delivery without reservation while being fully aware of the customer’s adverse or deviating conditions.
1.3 These terms and conditions apply equally to the consumer in the sense of Section § 13 of the Civil Code and to companies in the sense of Section 14 of the Civil Code, unless individual provisions were indicated as being applicable exclusively to one of the two groups. A consumer is deemed to be any natural person who enters into a legal transaction for a purpose that cannot be attributed to its commercial or its self-employed professional activity (Section 13 Civil Code). A contractor is deemed to be any natural or legal entity or legally responsible partnership which, when concluding a legal transaction, performs its commercial or free-lance professional activity (Section 14 of the of the Civil Code).
2. Online-registration; realisation of the contract
2.1 For the use of all the website’s services, in particular the option to order, it is necessary that the customer opens an online account under his name and by providing all other necessary data. The customer is responsible for providing true and complete data. The customer undertakes to treat his personal access data confidentially and to prevent access to unauthorised third parties. He must personally ensure that misuse of his online account by unauthorised third parties is prevented. To open an online account, the customer sends the registration by clicking the “Register” or the “New at Styligion” button. If the customer wants to close his online account, he simply transmits a request for deletion to firstname.lastname@example.org.
2.2 Only persons of legal age and legally competent persons are able to place orders with styligion and open an online-account. When opening an online-account and sending off the order to styligion the customer confirms to be of legal age and legally competent.
2.3 By clicking the buttons ”BUY NOW“ in the web shop the customer transmits a legally binding order to styligion and therefore makes an offer in the legal sense. The purchase agreement comes about on the shipping of the ordered goods by styligion or a third party thus authorized by styligion. styligion ships the goods after the order and receipt of payment normally within 3 business days (Mo-Fr, except Sa/Su/national public holidays) and informs the customer accordingly by email. Until the shipping of the ordered goods, styligion has the right to cause the conclusion of a contract with the customer by shipping the goods, or to reject the conclusion of a contract. For the latter, styligion must notify the customer accordingly. In the case of a rejection, payments possibly made by the customer will be refunded immediately.
2.4 Prior to the transmission of his order, the customer has an option to review and possibly change the submitted data (surname, first name, invoice address, delivery address, date of birth, email address, payment details) and the ordered goods in the shopping trolley as well as any other parts of the purchase agreement on the “ORDER SUMMARY” page.
2.5 After receipt of the order, styligion will send an email to the customer confirming receipt of the order and showing all details of the order. This confirmation of the order does not constitute an acceptance in terms of the sale of goods law, but simply informs the customer of the receipt of the order at styligion and the details of the purchase agreement.
2.6 The delivery of the ordered goods will be made after styligion’s account has been credited with the whole purchase amount (inclusive of possible taxes and delivery costs). Unless the payment is received by styligion within 7 calendar days after the order was placed, styligion has the right to withdraw from the contract and is not obliged to make delivery.
2.7 Bestsellers, which can not be delivered immediately, may be pre-ordered from styligion by the customer. Such goods may be subject to a 3 months delivery period. styligion will inform the customer of the expected delivery date. After placing the order and paying for the bestseller, the customer may withdraw his offer to purchase until the delivery date and/or until the goods are shipped and will then immediately be refunded.
3. Instructions and information regarding the right of withdrawal of consumers permanently residing inside the EU
3.1 If the customer is a consumer in terms of Section 13 of the Civil Code (for definition see Clause 1.3 of these terms and conditions) and if the contract was concluded exclusively by means of distance communication in terms of Section 312 c subsection 2 of the Civil Code, more specifically per mail, sales catalogue, fax, email, telephone or via an online shop, the customer, subject to the provision of Clause 3.6 of these terms and conditions, has a right of withdrawal in terms of Section 312 g subsection 1 of the Civil Code in terms of the provisions following hereafter.
3.2 styligion instructs the customer regarding his right of withdrawal as follows, stating the following withdrawal policy:
Right of Withdrawal
You have the right, within two weeks and without giving reasons, to withdraw this contract. The withdrawal period runs for two weeks from the date at which you or a third party indicated by you (who is not the carrier) has/have taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, Styligion GmbH, of Frankfurter Str. 233, Triforum – Forum A, 63263 Neu-Isenburg, Email: email@example.com, of your decision to withdraw this contract through an explicit declaration (for instance a letter sent by mail or email). You may but are not obliged to use the attached sample withdrawal form.
The withdrawal period is considered to have been adhered to if your notification regarding you wanting to make use of your right of withdrawal was sent off before the expiry of the withdrawal period.
Consequences of the withdrawal
When you withdraw this contract we must refund all payments received by you including the delivery costs (with the exception of the additional cost which arise from you having chosen a delivery form different to the most economical one offered by us); the refund will take place immediately and within not more than two weeks from the date on which your notification regarding your withdrawal of the contract has been received by us. For the refund we will use the same payment method which you used for the original transaction unless something different was expressly agreed with you; you will not be charged any fees because of this refund in either case. We may refuse the refund until we have received the goods from you or until you prove that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us, Styligion GmbH, Frankfurter Str. 233, Triforum – Forum A, 63263 Neu-Isenburg, without delay and in any event by not later than two weeks from the date on which you inform us of the withdrawal of this contract. The withdrawal period is considered to have been adhered to if you return the goods prior to the expiry of the time limit of two weeks.
You pay for the direct cost involved in the return of the goods.
You will only be held liable for any deterioration of the goods if such deterioration is caused by the handling of the goods to an extent not necessary for the inspection of the condition, properties and functions of the goods.
End of the withdrawal policy
3.3 At the end of these terms and conditions, styligion makes the sample withdrawal form described above as being ”attached“ available to the customer as Enclosure 1. In the event that the customer wants to withdraw the contract, the form needs to be printed out and completed and returned to styligion as described above.
3.4 styligion has the right to retain the costs for the return consignment (amount is variable, maximum € 7,50) when refunding the purchase amount.
3.5 The said right of withdrawal does not apply to customers who are companies in terms of Section 14 of the Civil Code (as defined in Clause 1.3 of these terms and conditions). This shall not affect the company’s warranty rights in terms of these terms and conditions.
3.6 The said right of withdrawal does not apply to customers, who are consumers in terms of Section 13 of the Civil Code (as defined in Clause 1.3 of these terms and conditions) and who have their usual place of business or place of residence in a state neither forming part of the European Union (EU) nor the European Economic Area (EEA). For more details see 11.3 of these terms and conditions.
4. Quotation of price; delivery; risk; delivery costs; packing costs
4.1 All catalogue prices are normally quoted inclusive of possible VAT and in EURO. styligion reserves the right to change prices (because of possible incorrect indication) until the acceptance of the offer which the customer has transmitted by posting his order.
4.2 The minimum amount pro order is € 25,00 gross cost of goods. styligion has the right to refuse delivery for orders below this value.
4.3 styligion usually delivers the ordered goods within 2 – 4 working days (Mo-Fr, except Sa/Su/ national public holidays) after receipt of the order. Delivery times and charges depend on the choice of the place of delivery and the shipping method. For more detail see Clauses 4.7 – 4.9 of these terms and conditions. In view of the exclusive prepayment option, the terms of delivery start from the date styligion receives payment. For more details see Clause 6.2 of these terms and conditions. styligion has the right to make part deliveries if this is an advantage for the fast handling of the contract and reasonable for the customer. Possible additional shipping costs are for styligion’s account.
4.4 There may be a few cases, despite styligion’s bona fide attempts, where the goods may not or only be partly available or where the goods cannot be shipped or can temporarily not be delivered. styligion may refuse the promised performance if, because of the procurement period or effort unreasonable pressure arises, or if the delivery of goods to styligion in spite of a proper, congruent hedging transaction fails to occur correctly or timeously; or if styligion has informed the customer accordingly and styligion is not to blame. If styligion is permanently prevented from the performance, the customer will be refunded in return for its already made performance. In all other cases, the delivery period will automatically extend by the period needed for the procurement. styligion does not accept the procurement risk.
4.5 Goods are only sold in common household quantities. styligion reserves the right to reject or to comply only partially with orders exceeding a certain quantity. styligion shall refund any payments made in excess immediately.
4.6 The risk of accidental loss or deterioration of the goods will pass to the customer or a third party assumed to be authorised to do on the hand-over of the article of sale. If there is a delay in the hand-over or the shipping for reasons the customer is responsible for, the risk will pass to the customer on the date styligion informs the customer that the article is ready for shipping. Insurance is taken out only at the request and expense of the customer.
4.7 Delivery aboard will be effected by styligion from Frankfurt, free German border, duty unpaid, to customers worldwide (except North Korea, Syria, Sudan, Cuba and Iraq).
4.8 The shipping costs of deliveries within Germany are, at a gross value of:
4.8.1 up to € 159,99 per order by standard shipping (2-3 working days) € 7,50
4.8.2 up to € 159,99 per order by express shipping (1 working day) € 18,00
4.8.3 from € 160,00 per order by standard shipping (2-3 working days) € 0,00
4.8.3 from € 160,00 per order by express shipping (1 working day) € 6,90
4.9 The shipping costs of deliveries outside Germany, but within the EU, are, at a gross value of:
4.9.1 up to € 159,99 per order by standard shipping (3-9 working days) € 7,50
4.9.2 up to € 159,99 per order by express shipping (2 Werkt9age) € 18,00
4.9.3 from € 160,00 per order by standard shipping (3-9 working days) € 0,00
4.9.3 from € 160,00 per order by express shipping (2 working days) € 6,90
4.10 The shipping costs of deliveries to non-EU countries are, at a gross value of:
4.10.1 up to € 159,99 per order by standard shipping (6-12 working days) € 7,50
4.10.2 up to € 159,99 per order by express shipping (2-5 working days) € 18,00
4.10.3 from € 160,00 per order by standard shipping (6-12 working days) € 0,00
4.10.3 from € 160,00 per order by express shipping (2-5 working days) € 6,90
4.11 For deliveries to Russia, express shipping is not possible. Standard shipping to Russia takes approx. 3 weeks.
4.12 styligion will pay for possible packing costs.
5. Return of goods
5.1 Returns are easy for customers. Note must be taken of the following provisions:
5.2 The customer must address the return package as follows: Styligion GmbH, Frankfurter Str. 233, Triforum – Forum A, 63263 Neu-Isenburg, Germany. At styligion’s request, the customer must give proof of the order date.
5.3 A customer whose place of business or place of residence is in a state being part of the EU, will receive an email with a return label from styligion and/or or the transport service provider, which he must use to return the article/s per DHL to the address mentioned in Clause 5.1 of these terms and conditions.
5.4 A customer whose place of business or place of residence is in a non-EU state, will receive several documents per email from styligion for his returns, which he must complete and attach clearly visible to the outside of the parcel to be returned. In this case, the transport service provider will collect the return parcel from the customer. The customer must assist the transport service provider to obtain all information necessary for the return.
5.5 The customer has the right to return good that were not reduced within 2 weeks after receipt of the goods by him. To exercise the right of return the timeous dispatch of the goods is sufficient. The customer must pay the costs for the return. If the customer opts for styligion’s partner company DHL, the return costs are as follows:
5.5.1 Return costs from within the EU to styligion max. € 1,00
5.5.2 Return costs from outside the EU to styligion max. € 2,00
5.6 The customer may return “SALE“ goods within 2 weeks after receipt of the goods by him. To exercise the right of return the timeous dispatch of the goods is sufficient. The customer must pay the costs for the return as follows:
5.6.1 Return costs from within the EU to styligion max. € 7,50
5.6.2 Return costs from outside the EU to styligion max. € 9,50
5.7 styligion has the right to retain the costs of the return when refunding the purchase amount to the customer. The customer agrees to this when placing the order.
6. Payment and payment methods
6.1 The customer has the right to pay for the goods and shipment either per PayPal or credit card (MasterCard, VISA, American Express). Customers ordinarily domiciled in Germany may also use the SEPA direct debiting system. styligion reserves the right to unilaterally restrict or extend the payment methods subject to the order value, shipping region and/or other factual criteria. When payment is made by credit card, styligion reserves the right to check the validly of the card, credit availability for debiting and the address details. If there are any factual reasons against the acceptance of credit card payment, styligion reserves the right to reject payment by credit card.
6.2 Goods will be delivered only against advance payment. The amount will be debited with the invoice amount to the customer’s account chosen for the payment immediately on shipment of the order and simultaneously with the email confirming the order. The customer will be in default unless the amount owed is paid to styligion within 10 days after receipt of the invoice or similar statement. In the event of default, styligion will charge default interest.
7. Reservation of ownership
7.1 Until full payment of the purchase price inclusive of incidental costs has been received, the goods will remain the property of styligion. If the customer is a company in terms of Section 14 of the Civil Code (as defined in Clause 1.3 of these terms and conditions), the goods remain the property of styligion until all other obligations arising from this business contract between the parties will have been fulfilled.
7.2 The customer may offset counterclaims only with claims that are undisputed or were determined to be legally valid. Reservation of ownership may only be asserted if they are based on the same business contract.
8. Warranty and liability
8.1 styligion will ensure that the article of sale at the transfer of risk is in the condition agreed on. An agreement on the legal and factual nature is determined exclusively by the concrete, written agreements on the properties, characteristics and performance characteristics of the delivered goods. Reasonable modifications constitute neither a breach of the agreement on the legal and factual nature nor a warranty reason. Reasonable modifications are: slight deviations of the delivered good from the descriptions and information in the written and electronic documents regarding material consistency, colour, weight, dimension, design or similar properties. These may arise from off-the-shelf fluctuations and technical production processes. The presentation of the colours in the web shop may be subject to the settings of the communication medium used and may deviate. Such a deviation does not constitute a warranty reason.
8.2 Normal wear and tear or possible wear-out of the goods do not justify a warranty claim. The customer must take note of the laundry instructions on the labels of the goods. Damage caused by inappropriate cleaning will not be compensated by styligion.
8.3 If there is a defect covered by the seller’s warranty, the customer will have the right within the context of the statutory regulations, to first demand supplementary performance. Should this fail – and only in that event – the customer has the right to cancel the contract or to ask for a reduction of the purchase price.
8.4 styligion does not warranty that data communication via the internet according to the current state of the art is perfect and/or available anytime. styligion is not liable for the constant and uninterrupted availability of the online offers and the web shops.
8.5 Once the customer has received the goods, he must inspect them and immediately inform styligion of any obvious defects in the item or the packing. styligion must be informed in writing of any hidden defects immediately after they have been noticed.
8.6 The customer agrees to produce photographic evidence of the damage to the item and/or the packaging and to mail these to firstname.lastname@example.org.
8.7 With every notice of defects, styligion has the right to check and inspect the faulty delivered goods. The customer will give styligion the necessary time and opportunity. styligion may also request the customer to return the faulty delivered goods to styligion for inspection. Styligion will pay the costs for this.
8.8 Statutory deadlines apply to the expiry of warranty claims.
8.9 For all claims the parties may have against each other that are not claims for performance or serve to fulfil the contractual obligations, particularly for claims for damages or reimbursement of expenses, or from cancellation or reverse transaction after cancellation, irrespective of the question of fundamental breach of contract, the extent of the fault or basis of the claim, styligion will be liable only for losses caused wilfully or grossly negligently, but not for a slightly negligent breach of immaterial duties from the contractual obligation. The same shall apply to the liability for losses caused by employees, representatives or vicarious agents of styligion.
8.10 The company styligion will not be liable for losses caused by incomplete, delayed or omitted delivery if these losses were caused by fire, strikes, lock-out, force majeure or any other circumstances outside the control of styligion.
8.11 The customer undertakes to make appropriate arrangements to prevent damage or reductions.
8.12 Any possible limitations of liability mentioned above do not apply to damage to persons, to claims in terms of the product liability law, in the event of fraudulent concealment of a defect or fundamental breach of duty. In all cases – unless there are compelling legal reasons to the contrary – the liability for the predictable, typically occurring damage is limited.
8.13 Further statutory claims by styligion’s customers are not being waived on the basis of the above limitations of liability.
9. Promotion Codes
Customers who registered to receive styligion’s newsletter, may, from time to time, receive promotion or discount vouches in form of promotion codes which may be redeemable in the web shop during the ordering process. Such vouches will be issued by styligion in its discretion within the context of advertising campaigns subject to various terms and conditions (for instance with a certain validity period or certain redemption conditions).
10. Online-Registration; Data protection
10.2 styligion will only process personal data of customers for its own purposes and in terms of statutory regulations.
10.3 The personal data provided for the purpose of ordering goods (as for instance the surname, first names, email address, invoice address, delivery address, date of birth, payment details) will be used for the performance and processing of the contract. styligion will keep this data confidential and will not pass the data on to third parties who are not involved in the order, delivery and payment process. The customer expressly agrees to the data collection, processing and use of his personal data for his order.
10.4 Personal data beyond the use mentioned will be used by styligion for advertising campaigns and for continued customer care, i. e. to inform customers of products, promotions, offers and services that may be of special interest. This data will be used subject to statutory regulations.
10.5 Customers may at any time object to styligion using the personal data as described for advertising purposes. Objections must be addressed to:
Frankfurter Str. 233
Triforum – Forum A
10.6 On receipt of the objection, styligion will only use and process the data thus affected for implementing the order, but not for marketing purposes, will promptly desist from sending advertising materials including our catalogue and/or will not pass on the data for marketing purposes.
10.7 At their request all customer have the right to receive, free of charge, information on the personal date stored by styligion. Customers also have the right to have incorrect data corrected, blocked or deleted, unless styligion has the obligation or the right by law to store the data.
11. Language of contract; choice of law
11.1 The conclusion and processing of contract is in German, English or Italian, depending which language the customer chooses when using the web shop or which other language the customer chooses for the communication with styligion.
11.2 The law of the Federal Republic of Germany shall apply exclusively; CISG shall not apply.
11.3 The right of withdrawal in terms of Clause 3.1 of these terms and conditions does not apply to customers who are consumers in terms of Section 13 of the Civil Code (see Clause 1.3 of these terms and conditions) and who have their usual place of business or place of residence in a state neither forming part of the European Union (EU) nor the European Economic Area (EEA). This does not affect Clause 11.2 of these terms and conditions. Moreover, the relevant consumer protection law of the state in which the customer has his usual place of business or place of residence at the time of the contract conclusion with styligion shall apply to such a customer.
12. Other provisions
12.1 Neither party has the right to transfer its claims from the contractual relationship to third parties without the consent of the other party. This shall not apply to outstanding debts.
12.2 Amendments and additions to the contract and any side agreements between the parties require their consent and need to be in writing.
12.3 If any of the provisions of this contract is or becomes void, this shall have no effect on the validity of the remaining provisions. In this case, a void provision shall be replaced by a provision coming as legally close as possible to what the parties would have intended.
- 12. Amendments to these terms and conditions
styligion may unilaterally change these terms and conditions – if and insofar as they are effectively incorporated in the business relationship with the custome - in particular but not exclusively if such amendment is needed for the adjustment to changed statutory requirements or technical circumstances. In those cases the customer will receive a notification of the contents of the changed provisions. Unless the customer objects in writing to styligion to the incorporation of these new provisions into current contracts within 6 weeks after receipt of the notification of amendment, the amendments having been communicated will form part of the contract.
© styligion GmbH
Enclosure 1: Sample of withdrawal form
Sample withdrawal form
(If you wish to withdraw the contract please complete and return this form to:)
Frankfurter Str. 233
Triforum – Forum A
I/We herewith withdraw the contract concluded by me/us for the purchase of the following goods (*)/performance of the following service (*):
Ordered on(*)/received on (*): ___________________________
Name of the consumer/s: ___________________________
Address of the consumer/s: ___________________________
Signature of the consumer/s (only necessary with non-electronic notification)
(*) Delete where not applicable