Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Commaklar GmbH & Co. KG) via the www.fckng-fashion.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser's ‘back' function) or cancel the purchase transaction.
By clicking the "Place order in conjunction with a liability to pay" button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract that has been concluded between you and us is subject to the agreed-upon duration. If the contract is not cancelled by one of the parties in text form (e.g. via e-mail) 3 weeks before the expiration of the contract (insofar as the respective offer is not associated with another time frame), it gets extended by the agreed-upon base duration. However, if the base duration is more than a year, the contract only gets extended by a period of one year.
(2) This has no bearing on the right to cancel the contract without notice for an important reason.
§ 4 Special agreements related to the offered payment methods
(1) Payment via Klarna Checkout
We offer the following payment options in cooperation with Klarna. Payment is always made to Klarna:
- Klarna invoice: Payable within 14 days of the invoice date. The invoice is issued upon dispatch of the goods and sent by email. Find the payment conditions here (https://cdn.klarna.com/1.0/shared/content/legal/terms/(.....)/de_de/invoice?fee=0).
- Klarna credit sale agreement: With Klarna's finance service, you can flexibly pay for your purchase in monthly instalments of at least 1/24 of the total amount (however, at least EUR 6.95). Find more information on the Klarna credit sale agreement, including general terms and conditions and the European standard information for consumer credit here (https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account).
- instant transfer
- credit card (Visa/Mastercard)
Your personal details will be handed by Klarna in accordance with the valid data protection provisions and the respective information in Klarna's data protection provisions (https://cdn.klarna.com/1.0/shared/content/policy/data/de_de/data_protection.pdf).
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
§ 7 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
§ 8 Protection of minors
(1) For the sale of goods, that are subject to the regulations of child welfare protection law, we only deal with contractual relationships with customers who have reached the legally prescribed minimum age.
Any age restrictions are referred to in the respective item descriptions.
(2) By submitting your order, you assure that you have reached the legally prescribed minimum age and that your details as regards your name and your address are correct. You are under obligation to ensure that only you or other persons authorised by you to accept the delivery, who have reached the legally prescribed minimum age, can take delivery of the goods.
(3) As long as we are under obligation by the legal provisions to carry out an age verification, we instruct the logistics service provider commissioned with the delivery to hand over the delivery only to persons who have reached the legally prescribed minimum age, and in case of doubt, to request for the identity card of the person accepting the product for the purpose of age verification.
(4) As far as we show, beyond the legally prescribed minimum age in the respective item description, that you must have completed 18 years of age to be able to purchase the item, the aforementioned sections 1-3 are applicable providing that instead of the legally prescribed minimum age, the legal age must be reached.
§ 9 Delivery Conditions for any good delivered by our Partner DR.HÖHL'S GmbH & Co.
If delivery or collection of the ordered goods by the contracted shipping service provider (UPS) is not possible, the goods will be returned to the sender (DR. HÖHL'S GmbH & Co. KG) with additional costs by the shipping service provider to the shipping address after delivery attempts and the timely announced deposit at a UPS access point in the vicinity. The customer is in default of acceptance due to the non-acceptance of the goods during the initial shipment, so that he owes the shipper (DR. HÖHL'S GmbH & Co. KG) compensation for the additional expenses that the shipper had to incur for the unsuccessful offer as well as for the storage and preservation of the owed item. This includes the costs for a second shipment. The customer is entitled to a second shipment as soon as the additional expenses have been paid. These include the costs of sending the item to the customer (already paid at the time of purchase), the costs of returning the item to the sender, and the renewed costs for the second shipment to the customer. The deadline for this is 5 working days.
Both sides can withdraw from the contract, after observing a period of 10 days in writing. The costs incurred for the respective outward and return shipment are borne by the customer and are retained by the store operator. If the goods are undamaged and suitable for resale, the pure value of the goods (less all costs incurred for any shipping) will be returned to the customer within 14 days after receipt of the goods using the payment methods used in advance. If another payment method is desired, fees may be incurred here, which are borne by the customer. As soon as the contract has been duly terminated by the store operator, he may offer the goods for sale in his store again.
If the delivery in the context of the second delivery again does not succeed, the store operator resigns immediately from the contract. If the goods are returned undamaged and suitable for resale, the value of the goods will be returned to the customer within 14 days of receipt of the goods using the payment methods used in advance (less any costs incurred for any shipping). If a different payment method is desired, fees may be incurred here, which the customer bears. As soon as the contract on the part of the store operator is duly dissolved, he may offer the goods for sale again in his store.
§ 10 Specials & Offers
Specials and offers are also subject to GTC
Black Friday Special is valid from 11/25/22 (00:01 am) - 11/25/22 (11:59 pm). Furthermore, all offers are only available while stocks last.
II. Customer information
1. Identity of the seller
Commaklar GmbH & Co. KG
Telephone: +49 (0) 1714468367
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing to enter into dispute resolution proceedings before the consumer arbitration board.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
7. Statutory warranty right
Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section "Contract term / Termination of subscription contracts" in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service.).
last update: 24.02.2022