© 2020 All rights reserved
These general terms and conditions apply to all orders that consumers (§ 13 BGB) place via the online shop “sochadesign.com”.
2. Contractual partner
The purchase contract is concluded with the company Mobilefashion – owner Jürgen Socha – Midgardweg 5 – 44805 Bochum. You can reach our customer service for questions, complaints and complaints on weekdays from 10 a.m. to 5 p.m. on the telephone number 0234 54649670 as well as by email at firstname.lastname@example.org
3. Offer and conclusion of contract
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog as an invitation to order. All offers are valid “while stocks last”, unless something else is noted for the products. Errors excepted.
3.2 By clicking the “Complete order” button, you are placing a binding order for the goods listed on the order page. The confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is concluded with our order confirmation or delivery of the goods.
3.3 Deviations in color, size and shape etc. are permissible, provided they are reasonable for the buyer. In the event of spelling and calculation errors, the seller is entitled to withdraw.
4. Cancellation policy
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of cancellation, you must send a clear declaration to us (Mobilefashion – Midgardweg 5 – 44805 Bochum – Tel. 0234 54649670 – email email@example.com) (e.g. a letter sent by post, fax or email ) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we have to repay all payments we have received from you, excluding delivery costs, immediately and at the latest within fourteen days from the day on which we received 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 something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct 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 handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
************************************************** ************************************************** ******************************************
Sample for the consumer withdrawal form:
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– To: Mobilefashion – Midgardweg 5 – 44805 Bochum – Tel. 0234 54649670 – email firstname.lastname@example.org
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods:
– Ordered on:
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
************************************************** ************************************************** **************************
5. Prices and shipping costs
The prices of our products are in euros per item including statutory VAT. The prices do not include transport, postage, cash on delivery or packaging costs and no insurance, customs or other additional charges.
Our prices are basically the prices stated in the shopping cart on our website at the time of ordering. Different prices, which may be displayed on pages that are loaded from intermediate storage (browser cache, proxies), are not current and invalid.
In addition to the prices quoted, we may charge shipping costs for the delivery. (within Germany free of charge, to other countries see shipping costs) The shipping costs are clearly indicated on the product pages, in the shopping cart system and on the order page.
The shipping costs specified in the shopping cart refer to the entire order. Please also note the information on shipping costs under “6.2 Partial delivery”.
6. Delivery and dispatch
6.1 Delivery times
The delivery times depend on the product and are specified on the detail page of the product depending on the color and size. The dates and deadlines specified by the seller are expected delivery times or standard delivery times while stocks last.
If delivery delays occur after an order has been placed or the product ordered is no longer available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately by email and in your order status and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish a comparable product to be delivered, we will immediately reimburse you for any consideration already paid.
The seller is not responsible for delays in delivery due to force majeure and due to events that make delivery significantly more difficult or impossible for the seller and delivery difficulties of the manufacturer. In the event of impossibility for which we are not responsible, we are entitled to withdraw from the contract. From this, the customer can not derive any claims for damages.
If you choose the payment method in advance or PayPal, shipping will only take place after receipt of payment.
6.2 Partial delivery
We ship all items together. A partial shipment is only made in exceptional cases after prior agreement with the customer. Additional shipping costs may apply, which are calculated based on the current shipping costs table depending on the value of the partial delivery.
7. Payment and retention of title
Payment can be made by invoice, prepayment, direct debit, or PayPal. Unless otherwise stated on the invoice, a discount is not permitted. After the result of a credit check (see point 9), we reserve the right to exclude certain types of payment, refuse to accept the customer’s offer or withdraw from the contract if the purchase price claim is at risk.
7.0 Delivery on account
Our payment conditions for a purchase on account: 14 days net
7.1 Advance transfer and payment via PayPal
If you choose the payment method prepayment or PayPal, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. Once payment has been received in full on our account, the goods will be dispatched immediately, depending on the specified delivery time.
In the case of transfers from non-European countries, all bank charges are to be borne by the customer.
7.2 direct debit
When paying by direct debit, the specified account must have sufficient funds. You may have to bear the costs that arise as a result of a reversal of the payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank details or due to an objection.
If there are any discrepancies regarding the amount collected, the invoice amount or the goods delivered, please contact our customer service immediately. We will then solve the problems without the need for an expensive chargeback.
In the event of default in payment, we will charge default interest of at least 5 percentage points above the applicable base rate in accordance with the German Discount Rate Transition Act, but at least 6% p.a.
If you pay by direct debit, your account will be debited when the goods are shipped.
We only offer the direct debit payment method with reservation. We may obtain credit information to safeguard our legitimate interests (see point 10).
7.3 Cash on delivery
We currently do not offer payment by cash on delivery
7.4 Retention of title
The goods remain the property of the Mobilefashion.com owner Jürgen Socha until full payment has been made.
The warranty is subject to legal regulations. In the case of all defects occurring during the statutory warranty period of two years from delivery, you have the statutory right to supplementary performance (at your option: removal of the defect or new delivery) and – if the legal requirements are met – the legal right to a reduction in price or withdrawal as well as to compensation. You must allow us a total of two attempts at rectification, if you have not previously given us a reasonable grace period, which has expired without result. If the type of supplementary performance you require is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance.
Excluded from the guarantee are damage that can be traced back to natural wear and tear, improper use and insufficient or incorrect care.
9. Data protection
The personal data, order and account information transmitted to us will only be used to process your order. All customer data is stored and processed by us in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
We will not pass on your personal data, including your home address and email address, to third parties without your express consent, which can be revoked at any time. This does not apply to our service partners who require the transmission of data for order processing (e.g. the shipping company commissioned with the delivery and the credit institute commissioned with the payment processing).
In order to safeguard our legitimate interests, we may obtain credit information when initiating a purchase (see point 10).
In all cases, the scope of the transmitted data is limited to the necessary minimum. It will not be passed on to other third parties.
You have the right to free information about your stored data and, if necessary, the right to correct, block or delete this data. If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data, please contact: email@example.com or send us your request by post or fax.
10. Credit check
The customer agrees that his data, which he makes available to us in the context of the purchase initiation and the processing of the purchase contract (personal data and account, credit or bank card details) to the SCHUFA Holding AG (“SCHUFA”) for the purpose of Credit check submitted. Regardless of this, we also transmit data to SCHUFA due to non-contractual behavior (e.g. amount due after termination, withdrawal, credit or bank card abuse). According to the Federal Data Protection Act, these reports may only be made if this is permissible after weighing up all the interests concerned.
SCHUFA stores and transmits the data for credit inquiries to its contractual partners in the EU. SCHUFA’s contractual partners are primarily credit institutions as well as credit card and leasing companies. In addition, SCHUFA also provides information to commercial, telecommunications and other companies that provide services and deliveries against credit. SCHUFA provides address data to identify debtors. When providing information, SCHUFA can also provide its contractual partners with a probability value calculated from its database for assessing the credit risk (score method). The data will only be made available if a legitimate interest in it has been credibly demonstrated.
The customer can obtain information about the data stored on the person of the customer at the company mentioned at the following address: SCHUFA HOLDING AG, Consumer Service Center Hanover, Postfach 56 40, 30056 Hanover. Further information about the SCHUFA information and score procedure is contained in a leaflet that can be viewed at www.schufa.de or that we can provide to customers on request.
11. Final provisions
If the customer is a merchant, Bochum is the sole place of jurisdiction for all disputes between the contracting parties. German law applies exclusively to the exclusion of the provisions of the UN sales law.
Should one of these provisions be ineffective, this shall not affect the effectiveness of the remaining provisions. In place of the invalid provision, the relevant statutory provisions apply.
Bochum, June 4th, 2020