GTC Consumer Customers

The following General Terms & Conditions apply to you as a consumer customer when you shop and buy in the Friesland – exzellente Konsumgüter / Domino Modevertrieb GmbH Onlineshop:

  1. Scope

    Our General Terms & Conditions apply to all consumers that have entered into a purchase agreement with the Friesland – exzellente Konsumgüter / Domino Modevertrieb GmbH concerning products offered on the internet page of Friesland – exzellente Konsumgüter / Domino Modevertrieb GmbH. A consumer is defined as a party that concludes a contract for reasons that cannot be imputed to commercial nor self-employed professional activities.

    1. Our offers concerning the range of goods are noncommittal and subject to change without notice.
    2. The order of the goods by the customer is considered a binding contract proposal. Upon receipt of the order, the customer shall receive an automated e-Mail confirming the receipt of the order placed, as well as the order details (Confirmation of Receipt). This confirmation of receipt does not constitute acceptance of contract. As far as the order is not altered, we are entitled to accept this contract proposal within two (2) weeks after receipt by us. The acceptance is made by delivering the merchandise to the customer.
  2. Right of Revocation

    Right of Revocation

    Right of Withdrawal

    You may declare the revocation of your contractual statement in text form (e.g. letter, fax, e-Mail) or, if the goods have been returned before the revocation period, by returning the merchandise within a period of two (2) weeks. The revocation period shall begin after receipt of these instructions in text form, however not before receipt of goods by the customer (in the case of repeated delivery of similar goods, not before receipt of the first short delivery) and also not prior to the fulfillment of our duty to supply information according to §312c Sec. 2 BGB in connection with § 1, Sec 1, 2 and 4 of the BGB-InfoV* and also not before fulfillment of our duties according to §312e, Sec. 1, Item 1 BGB in connection with §3 BGB-InfoV. The revocation period shall be deemed observed if the goods are returned or notice of revocation is given within this period (* BGB-Informationspflichten-Verordnung = German Civil Code Freedom of Information Law (FOIL))

    The revocation should be sent to:
    Friesland – exzellente Konsumgüter / Domino Modevertrieb GmbH
    Marlowring 21
    D-22525 Hamburg

    Consequences of Revocation

    In case of a valid revocation, all mutually received services as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Incidentally, you can avoid the obligation for depreciation by not using the item as your property and by avoiding everything that could affect its value. Items eligible for shipping as a parcel are to be returned to us at your own risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period begins for you with the posting of your declaration of revocation or the item(s), the period begins for us with the receipt thereof.

    End of Revocation Instruction

  3. Pricing and Shipment

    All prices noted are EUR-prices and include VAT.
    The in addition to the purchase price occurring Delivery and Shipping Costs, see shipping costs, are to be paid by the buyer.

  4. Payment

    1. Payment is always the option of the customer by advance payment, cash on delivery or PayPal.
    2. In the event of payment delay - subject to the assertion of further delay damages – we are entitled to demand late interest at a rate of five (5) percentage points above the base lending rate.
    3. The customer is only entitled to set-offs in the case of undisputed or legally established claims.
  5. Delivery

    1. Delivery takes place at the customer’s risk.
    2. We are entitled, to a reasonable extent, to make partial deliveries/short shipments.
    3. In the event that an ordered item is not deliverable, we will inform the customer without delay that the merchandise is not available and refund any payments already undertaken for this merchandise.
    4. Should we not be able to comply with a scheduled delivery date, the buyer must set a reasonable period of grace that in no case may fall below two weeks.
  6. Reservation of Proprietary Rights

    We reserve the ownership of the delivered goods until full payment of the purchase price for the goods has been rendered.

  7. Guarantee

    1. In the event of defectiveness of the delivered merchandise, the buyer is entitled to statutory rights.
    2. The manufacturer is liable for those given manufacturer guarantees exceeding the statutory rights.
    3. The special regulations found in No. 9 “Liability for Damages” apply for buyers’ claims for damage.
  8. Liability for Damages

    1. Claims for damages by the buyer due to apparent material defects of the delivered goods are excluded if the customer has not given notice within a period of two (2) weeks after delivery of goods.
    2. Our liability for damages, irrespective of legal ground (in particular in the cases of delay, defects or other breaches of duty) is limited to the contract coherent, foreseeable damages. For slight negligence we are only liable for breach of contractual obligations, whose fulfillment of the purpose of the contract is of special importance (cardinal obligations). Moreover, a liability for damages of any kind, irrespective of whatever basis for claim, including the liability for culpa in contrahendo, is excluded. The limitations of liability shall also apply to the legal representatives, officers and other agents.
    3. The above limitation shall not apply to our liability for wilful misconduct or gross negligence, for guaranteed characteristic of state, for injury to life, limb or health or according to the product liability law.
  9. Data Privacy

    We use your master data exclusively for processing your order. We store and process all customer data according to the relevant guidelines of the German Data Protection Act (Bundesdatenschutzgesetz/BDSG) and the German Tele Services Data Protection Act (Teledienstdatenschutzgesetzt/TDDSG).

    You have the right to information, amendment, suspension and deletion of your stored data, free of charge at any time. Please contact or send us your request by regular mail or by fax.

    Without your explicit and revocable consent, we do not forward your information to any third parties. The sole exception is in reference to our services partners involved in processing and handling your order (e.g. the company commissioned with delivering your order and the credit institute involved in processing your payment), in which case we only forward the minimum of information required to process your order.

  10. Miscellaneous

    1. This Agreement and the entire legal relationship between the parties are subject to the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    2. Place of fulfillment, for all services arising from the contractual relationship with us, is the legal domicile of the Friesland – exzellente Konsumgüter / Domino Modevertrieb GmbH.
    3. Should any provision within this agreement be ineffective or contain a void, the remaining provisions shall remain unaffected.

Stand: Januar 2011