GENERAL TERMS AND CONDITIONS INTERNATIONAL JOOP! ONLINE-SHOP
1. SCOPE OF APPLICATION, DEFINITIONS
1.1. For the business relationship between Lenox AG, Sonnenwiesenstrasse 21,
CH-8280 Kreuzlingen („ we“ or „us“) and the customer in connection with the International JOOP! Online Shop under the respective country URL („Online-Shop“) the following General Terms and Conditions shall apply exclusively in the version valid at the time of the respective order.
1.2. Deviating or supplementary terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing in the individual case. Individual agreements in individual cases shall in any case take precedence.
1.3. The Online Shop is aimed exclusively at customers who have their usual place of residence, a delivery address and a billing address in Latvia, Lithuania, the Netherlands and Belgium and are consumers, i.e. natural persons who conclude a legal transaction for a purpose that can be attributed neither to commercial nor independent professional activity. The Online Shop is not aimed at minors.
2. CONCLUSION OF CONTRACT, PRODUCT PRESENTATION
2.1. The presentation of the assortment in the Online Shop does not represent a legally binding offer, but an invitation to the customer to make his own offer to conclude a purchase contract. We would like to point out that the color of the products may differ from the presentation in the Online Shop.
2.2. Your order is placed by inserting the selected products into the JOOP! shopping cart and submitting the order by clicking the "Buy now" or similar button. By sending the order, you make a binding offer to conclude a purchase contract regarding the products in the JOOP! shopping cart. Before sending the order form, you can check your selection and information and correct input errors.
2.3. You will then receive an acknowledgement of receipt by e-mail confirming that we have received your order („Acknowledgement of Receipt“). This Acknowledgement of Receipt merely documents that we have received your order and does not constitute acceptance of your contractual offer.
2.4. The contract shall only be concluded when we have sent you either a separate declaration of acceptance by e-mail („purchase confirmation“) or a shipping confirmation of the goods ordered by you within five days after the order. No contract is concluded for ordered products that are not listed in the purchase confirmation or shipping notification. This may also apply to products that are offered in the Online Shop but are not available, for example, when we receive your order.
2.5. Your contractual partner is Lenox AG.
3. PRICES, PAYMENT, SET-OFF, RIGHT OF RETENTION AND RESERVATION OF TITLE
3.1. All prices stated in our Online Shop are Euro amounts and are inclusive of the applicable statutory value added tax. Decisive for the prices of the products are the prices stated at the time of the order.
3.2. The shipping costs to be borne by you are indicated in the JOOP! shopping cart before sending your order. General information about shipping costs can be found here.
3.3. Payment for orders in the Online Shop can only be made by credit card, by PayPal or by prepayment (as advance transfer). In case of payment by credit card we accept Visa and Mastercard.
3.4. In the case of payment by credit card, we shall collect the payment amount from the credit card upon dispatch of the goods.
3.5. In case of payment in advance (as advance bank transfer) or by SOFORT bank transfer the delivery of the ordered goods will only take place after the full invoice amount has been credited to the account communicated by us. This payment must be made within 7 working days after sending the purchase confirmation. The purchase confirmation is conditional in this respect, i.e. the purchase contract and the obligation to deliver shall lapse if payment is not received in due time. Amounts received late are a further offer to conclude the contract and can be accepted by us as described in section 2.4. If there is no acceptance, the amount will be refunded immediately and the order is invalid.
3.6. You shall only have a right to offset claims if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us.
3.7. You may only exercise a right of retention if your claims against us and our claims against you result from the same contractual relationship.
3.8. The title ownership of delivered goods remains with us until full payment has been made.
4.1. Unless otherwise agreed, the goods will be shipped to the delivery address specified in the order by means of the shipping method selected by you. Partial deliveries are permissible within the scope of what is reasonable for you. In the case of partial deliveries, we will point this out in the shipping confirmation.
4.2. Shipping is carried out by DHL standard shipping. Unless otherwise specified, the receipt of the goods by the customer is approximately 2-4 days after placing an order.
4.3. Disruptions for which we are not responsible at our company or at any companies commissioned by us (e.g. logistics companies for processing the contract) as well as force majeure may further delay the delivery. We will inform you immediately about such delays in delivery as soon as they become known to us. We will provide you with a new delivery deadline that is reasonable under the circumstances. If the goods are still not available after the expiry of this period due to circumstances for which we are not responsible, we may withdraw from the contract in whole or in part. If you cannot reasonably be expected to accept the goods as a result of the delay, you may withdraw from the contract. We ask you in this respect for notification at least in text form (such as e-mail). Any payment already made will be refunded immediately. Your possible further legal rights remain unaffected in any case.
5. REDEEMING CAMPAIGN VOUCHERS
5.1. Promotional vouchers are vouchers that we issue on promotional occasions with a specific period of validity. These cannot be purchased by you.
5.2. Please note that the following conditions apply to promotional vouchers, as well as the conditions stated on the promotional vouchers in each case.
5.3. The creation of a customer account is required for the redemption of promotional vouchers.
5.4. Insofar as the promotional voucher provides for a minimum purchase or minimum order value, the voucher is worth a discount on the actual, final purchase price. The prerequisite for granting the discount is therefore that the respective value is actually reached with the respective purchase. Cancellations and other returns made by the customer and accepted by us will be taken into account, so the value of the returned goods will be deducted from the original order value. If the minimum order value is not reached, the value of the voucher will be deducted from the amount to be refunded.
5.5. Promotion vouchers are only valid in the respective specified period and can only be redeemed once as part of an order process. Promotion vouchers cannot be combined (also not with different promotion vouchers).
5.6. Promotion vouchers can only be redeemed after creating a customer account before completing the order process. Subsequent redemption or offsetting is not possible. The value of the voucher will neither be paid out in cash nor will interest be paid on it. Any remaining credit will not be refunded.
5.7. If the order amount exceeds the value of a promotional voucher, the difference can be paid using the offered payment methods.
5.8. If promotion vouchers are issued without consideration in promotions, they shall not be refunded in the event of (also partial) goods returns pursuant to clause 6.
6. STATUTORY RIGHT OF WITHDRAWAL FOR CONSUMERS, RETURN COSTS WHEN EXERCISING THE RIGHT OF WITHDRAWAL, OUR JOOP! RETURN POLICY
Below - in clause 6.1 - you will find the instruction on the statutory right of withdrawal for consumers. Please also note the provision in clause 6.2.
In addition to and completely independent of this statutory right of withdrawal, we grant you a contractual right of return of the products purchased in the Online Shop as a special service. This exists for 30 days from receipt of the goods by you and corresponds in all other respects to the described statutory right of withdrawal. Therefore, the description in section 6.1 and the agreement in section 6.2 apply accordingly to this additional, contractual right of return. You have here - with 30 days from receipt of the goods by you - more time to return.
6.1. CANCELLATION POLICY
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (JOOP! Online Shop C/O PVS Logistikzentrum Werner-Haas-Str. 5, 74172 Neckarsulm, Tel. No. 00800-30044300, e-mail: firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form for this purpose, but it is not mandatory. You can fill out and submit the model withdrawal form or another clear declaration. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
6.2. CONSEQUENCES OF REVOCATION
If you withdraw from the contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us (JOOP! Online Shop C/O PVS Logistikzentrum Werner-Haas-Str. 5, 74172 Neckarsulm, Germany) without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We will bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for the inspection of the condition, properties and functioning of the goods.
6.3. EXCLUSION OF THE RIGHT OF REVOCATION
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
End of the cancellation policy
7.1. We shall be liable for defects in accordance with the applicable statutory provisions.
7.2. We do not usually give guarantees. A guarantee with regard to the goods delivered by us therefore only exists if this has been expressly given, e.g. in the confirmation of purchase for the respective item.
7.3. Customary or unavoidable material-related deviations in quality, color, size, design and workmanship of the goods are generally insignificant. Warranty claims do not usually arise in this respect. However, you are at liberty to prove that such deviations are significant.
8.1. We shall be liable for damages - irrespective of the legal grounds and including liability for legal representatives or vicarious agents - in the event of intent and gross negligence.
8.2. We shall only be liable for simple negligence:
a) for damages resulting from injury to life, body or health,
b for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage.
8.3. The limitations of liability resulting from the above shall not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods.
9. DATA PROTECTION
The following provisions of this Section 9 shall only apply if corresponding consents have been granted.
9.1. credit assessment
I agree that as part of the ordering process, a so-called credit check may be carried out. As part of the credit check, all available data will be checked and determined which payment methods can be offered for an order and also whether an order can be carried out. If necessary, all previous orders in my customer account will also be checked.I agree to transmit the personal data required for a credit check (first and last name, address, etc.) to infor-ma Solutions GmbH, Rheinstraße 99, 76532 Baden-Baden. This company uses this data for the purpose of address verification or identity checks against other companies as well as for corresponding scoring appli-cations. Scoring calculates, based on mathematical-statistical methods, probability values for a certain fu-ture behavior and uses the corresponding data for this purpose.
In addition to the data transmitted in the context of the order, data from external service providers will also be required. I agree that creditworthiness-relevant information on my previous payment behavior, information for the assessment of the risk of non-payment based on mathematical-statistical methods using address data (scoring) as well as data for the verification of my address (check for deliverability) are obtained from this service provider.
9.2. Data use for abuse and fraud prevention measures
I agree that, even if an order is cancelled, 1) my data for the execution of the contract (e.g. object of purchase, shopping cart, name, postal address, e-mail address, delivery address, payment method and bank data) and 2) the device and usage data of my visits to the web pages of this website (e.g. country settings, device information, information about the beginning, end and extent of the visited web pages and click paths) together with 3) a cookie (ie. a small text file that is stored locally in the cache of the web browser) and/or a visitor ID, each of which is created from non-personal data of the end devices I used when visiting the websites (e.g. screen resolution and operating system version) and via which the end devices I used can be recognized with a certain degree of probability during further visits, are collected, processed and used by us for the purpose of automatically checking whether there are any indications of misuse of the website or an attempt at fraud during this or a future order or attempted order.
I assure that I may give this consent with regard to all end devices used by me when visiting this website, and that I will inform third parties to whom I give my end devices used for this purpose about this consent and ensure that they also agree to the measures described or otherwise do not visit this website with my end devices.
9.3. Data transmission to the Device Transaction Pool for use by member companies
I also consent to the data specified above under Section 9.2, 1), 2) and 3) being transmitted to the Device Transaction Pool (DTP) and stored there. The purpose of the DTP is, as an industry-specific warning service, to protect the member companies participating in the DTP from misuse and from bad debt losses due to fraud, which can arise in the provision of commercial, remunerated telecommunications services or telemedia services to contract partners who are unwilling or unable to pay, especially due to fraud. The transmitted data will only be stored, processed and used for these purposes. In the event of an inquiry by a member company at the DTP, only the results of the suspicion check on the inquiry will be transmitted to this member company. Positive data can also be used, i.e. end devices that are used, for example, to make frequent and punctual payments are evaluated positively. Data storage of results data at individual member companies beyond the specific case of an individual use does not take place. The DTP is operated by infoscore Tracking Solutions (ITS), Zollhof 8, 40221 Düsseldorf, Germany, as an order data processor for the member companies.
9.4. Preference Center
I consent to the collection, processing and use of my details in the Preference Center for the purposes of personal advice, customer service and the personalization of advertising, and to their being merged with the tracking data of the newsletter, insofar as I have separately consented to their collection. For example, the place of residence is used to send invitations to certain store events. The age, gender, time of purchase and purchase history (item, quantity, size, color, price, order number, exchange, return, place of purchase) are analyzed to enable personalized product recommendations. The personalized product recommendations are made by e-mail, SMS/MMS, if you have consented to this separately, via advertising placements, in the store or via print advertising.
a) I agree that my e-mail address may be used by Strellson AG and by Strellson AG's affiliated companies Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl to send me via e-mail advertising and information relating to products, offers and services of the group of companies, such as newsletters, event invitations, promotional communications, product promotions.
I can revoke this consent at any time by emailing email@example.com
b) I consent to the collection, processing and use of tracking data of the newsletter for the purpose of personal consultation, in the context of customer service as well as the personalization of advertising by Strellson AG as well as by the companies affiliated with Strellson AG Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl. Information about the newsletter (name of the newsletter, category of the newsletter, time of sending, time of opening) and when I clicked on which link within the newsletter is collected..
I can revoke this consent at any time by emailing firstname.lastname@example.org
I can revoke the above consents 9.2. to 9.5. at any time informally with effect for the future, for example by e-mail to email@example.com. Further use of the web offer may then no longer be possible at the discretion of the provider.
10. FINAL PROVISIONS
10.1. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, the relevant statutory provisions shall apply. This shall apply accordingly to the filling of any regulatory gaps in these GTC.
10.2. All contracts with us shall be governed exclusively by the laws of Switzerland to the exclusion of the conflict of laws rules and all international and supranational legal systems, in particular the UN Convention on Contracts for the International Sale of Goods. Where consumers have their usual place of residence in another country at the time of the respective conclusion of a contract (registration, acquisition of fee-based services), the application of mandatory statutory provisions of that country will remain unaffected by the choice of law made in the afore sentence.
We attach great importance to your satisfaction. We therefore endeavor to examine your request as quickly as possible and will contact you for this purpose after receipt of the documents or your input or complaint. For service inquiries or complaints, you can contact us by phone at- 00800-30044300, by e-mail at firstname.lastname@example.org or by mail at the address given in section 6.1.