§ 1 Area of Application1. Any and all deliveries and services of and by mobile fashion - Jürgen Socha ( hereinafter called mobile fashion ) including all contracts with mobile fashion shall be performed exclusively on the basis of the Terms and Conditions set forth below in the currently valid version. mobile fashion does not recognize any provisions of the Customer which conflict with or deviate from these Terms and Conditions, unless mobile fashion has expressly agreed to their validity in writing.
2. By reading these terms and conditions the Customer agrees to accept the legal Terms and Conditions of mobile fashion when placing an order.
3. The Terms and Conditions of mobile fashion apply also to future business relationships and contracts of similar type.
4. Supplementary agreements and amendments to the Terms and Conditions of mobile fashion must be in writing to be valid in law (e.g. letter, facsimile, e-mail). Non-written modifications of the Terms of Conditions are null and void unless mobile fashion has expressly agreed to their validity in writing.
§ 2 Product Range, Conclusion of contract, Supply
1. Offers of mobile fashion shown in the online shop are not binding; mobile fashion reserves the right to undertake changes at any time.
2. The contract between the Customer and mobile fashion is established once the completed order form is sent by clicking the corresponding “BUY” button (binding order) and through the acceptance of mobile fashion. mobile fashion accepts the binding order of the Customer by confirming the order in writing or through delivery of the product. After placing his order the Customer will receive a confirmation of receipt of the order to his email address. This confirmation will be sent automatically and does not mean that the product is available. A binding and valid contract requires either mobile fashion written confirmation or the delivery of the product, the first of these alternatives to take place forming the relevant event.
3. Products for purchase are only the products confirmed or delivered by mobile fashion. Any drawings, pictures or images displayed in the online store and the catalogues are not binding unless availability is confirmed in written or delivered by mobile fashion.
4. Please note that while mobile fashion has tried to accurately display the colours of products, the actual colours the Customer sees will depend on Customer’s monitor and may not be accurate.
5. All orders will be delivered as soon as possible. Average delivery period from the time receiving the order to delivery is at least 2-3 business days in Germany. Outside of Germany deliveries will be made in approx. 5-7 business days. Business days are Monday to Friday excluding public holidays.
6. Correct and punctual deliveries by mobile fashions suppliers shall be reserved. mobile fashion reserves the right to withdraw from a contract if supplier(s) have not delivered correctly or timely. This right of withdrawal shall only apply if mobile fashion is not at fault for this non-delivery by the supplier. Customer shall not be entitled to damages that arise from this non-faultive non-delivery.7. Customer shall not be entitled to damages that arise from non-delivery in the event of industrial actions, in particular strike and lockout, force majeure or other unforeseeable obstacles, which are beyond mobile fashion control. mobile fashion shall immediately inform the customer of non-availability of the products. Any payment made to mobile fashion shall be reimbursed immediately.8. Partial delivery is permitted, provided this is acceptable to the customer. In case of partial delivery mobile fashion will charge postage and packing charge only once.9. If the Customer is a consumer with the meaning of § 13 BGB (Bürgerliches Gesetzbuch – German Civil Code), the risk of accidental loss of or of accidental damage to the products shall pass over to the Customer at the latest with the picking up of the goods by the Customer. Otherwise the risk shall pass over to the Customer with dispatch to the carrier, irrespective of whether it is a partial or complete delivery or whether mobile fashion has accepted other duties, such as the bearing of costs of dispatch or home delivery.
§ 3 Prices
1. All prices are retail prices and apply in accordance to the Internet pages.
2. All prices shown are listed in EURO inclusive of German VAT of currently 19 %. Shipping costs however, will be calculated as extra charge.
§ 4 Shipping Rates & Payment
1. Shipping costs will be calculated depending on the destination of the package. The shipping costs are further more clearly indicated through the order process, step No. 3. The order can still be cancelled at this stage.
2. shipping within Germany is free.
3. mobile fashion accepts payments by pre payment, PayPal and bank draft ( only for Germany ).
5. All products remain the ownership of mobile fashion until full payment is made. The Customer shall not be entitled to process and sell the products. Any integration of the product shall be performed on behalf mobile fashion. In the case of implementation with third-party goods by the Customer, mobile fashion shall acquire co-ownership of the new object to the level of the invoice value of the supplied product. The new object created from integration shall also be regarded as a supplied product for the purposes of these terms and conditions.
§ 5 Information on revocation right
For consumers the following revocation right applies:
The Customer is entitled to cancel the contract with no explanation necessary within two (2) weeks of order either in writing (e.g. letter, facsimile, E-mail) or via complete return of all merchandise in case merchandise has been received before the end of the two weeks cancellation period. The time limit begins upon receipt of these instructions in written but not before you have received the merchandise or the first part of your part-order and also not before we have complied with our information duties according to § 312c sec. 2 BGB in conjunction with § 1 sec. 1, 2 and 4 BGB-InfoV as well as according to § 312e sec. 1 sentence 1 BGB, § 3 BGB-InfoV.Written cancellation or return of the merchandise has to be sent out within the time limit to make it valid. Returns should be addressed to:
D 58455 Witten
fon. +49 2302 1788978
fax. +49 2302 1786615
In the case of a valid cancellation, the Customer is responsible for returning the merchandise and mobile fashion is responsible for refunding the purchase price. In case the customer returns only part of the merchandise or returns the merchandise in a worsened condition the Customer must indemnify mobile fashion. If the customer has already paid the purchase price, mobile fashion is entitled to deduct depreciation from the reimbursement. Indemnification is not to be made, if the deterioration of the product is exclusively attributed to its being tested, for instance, as would have been likely in the shop. In all other respects the Customer can avoid the obligation of value replacement, if he does not use the thing like an owner and refrains from doing anything, which impairs its value.
Merchandise will be sent back at our risk. Goods that cannot be sent will be picked up. If the Customer is returning items which have a value of 40,00 Euro or less and were delivered in an acceptable condition, the Customer is responsible for the shipping costs. Otherwise returning is free of charge. Obligation for payment refunds must be fulfilled within 30 days after sending the cancellation statement. For you, the revocation deadline begins with the dispatch of your revocation notice or of the dispatch of the goods, for us it begins with their receipt.
End of revocation policy.
§ 6 Exclusion of setoff and rights of retention
1. The Customer only has the right to set-off if his counterclaims are recognised by declaratory judgment or are undisputed.
2. The Customer may only exercise a right of retention, should his counterclaim be based on the same (single) order in question and has been adjudicated by non-appealable judgement, is not in dispute or has been acknowledged by mobile fashion.
§ 7 GUARANTEE TERMS
1. mobile fashion guarantees its products against possible defects in materials and workmanship and offers a standard warranty of 2 years. This warranty does not affect the Customers statutory rights.
2. Where such defects occur, the Customer can request supplementary performance (“Nacherfüllung”) either through repair or through replacement of the item in question. mobile fashion however reserves the right to reject the chosen supplementary performance by the Customer in case the performance would involvemobile fashion in unreasonable effort.
3. If the supplementary performance is unsuccessful, the Customer shall be entitled to cancel the contract or reduce the remuneration. The performance is considered to be unsuccessful if the product cannot be repaired after three (3) or more attempts.
4. The warranty is limited up the value of the mobile fashion product in question. In case the product is not available anymore due to the 2-year warranty, mobile fashion reserves the right to supply an equivalent product of equivalent value and quality.
5. The warranty is only valid when the product is used for the purpose it was intended under normal conditions. The warranty does not cover any damage caused by normal wear & tear, neglect, misuse, abrasion, exposure to extreme temperatures, acids or solvents; nor does it cover damage caused by third parties during transportation (such as airline travel). The warranty is not valid in case care instructions given by mobile fashion have not been applied or in case Sushi products are modified by the Customer.
6. All returns are subject to inspection and approval by mobile fashion before any repair or replacement is authorized.
7. Any claims for damages and reimbursement of expenses the Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. The above shall not apply in the case of mandatory liability, e.g. under the German Product Liability Act ("Produkthaftungsgesetz"), in the case of intent, gross negligence, injury of live, body or health, or in case of breach of an essential term of contract ("wesentliche Vertragspflichten"). However, claims for damages and reimbursement arising from an essential breach of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of live, body or health. The above provision does not imply a change in the burden of proof to the detriment of the Customer.
8. All goods must be returned in perfect condition along with a copy of the initial mobile fashion invoice/delivery note.
§ 8 Damages in transit
Any external evidence of loss or damage must be noted on the freight bill or receipt and signed by the carrier's agent. In case of internal damages the Customer shall cease to unpack the box once discovered the damage and inform the carrier to declare the damage on the freight bill or receipt.
§ 9 Data Security & Privacy
1. mobile fashion data protection procedures are in conformity with the Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the Telemedia Act (Telemediengesetz – TMG).
2. The Customer hereby agrees that mobile fashion may process, store and evaluate the Customer data, which it receives in connection with the business relationship. mobile fashion will only use the Customer data for the processing of the Customer order. Usage of Customer data will be kept to a minimum at any time. Under no circumstances will Sushi pass on this information to third parties.
3. The Customer shall be informed about and be given the opportunity to correct, block and delete his/her personal data at any time. In these cases Customer shall contact the mobile fashion online store via e-mail, per facsimile or letter.
§ 10 Copyright and Trademarks
This Website, its design, content and software and everything on it, is the property of mobile fashion. The mobile fashion trademark and other trademarks that appear on this Website are the property of their respective owners. It is forbidden to copy, revise, translate, store or otherwise use the contents of this Website without our written consent.
§ 11 Court of Law
If the Customer is a merchant, an official legal body or a special fund under public law, venue for all disputes arising directly or indirectly out of the contract shall be the place of business of mobile fashion. This shall also apply in case the Customer is not domiciled within Germany.
§ 12 Statuary Provisions
Should one or more of the provisions in these Terms and Conditions become invalid, this shall not affect the validity of the Standard Terms and Conditions as a whole. The invalid provision shall be replaced with a relevant statutory provision.
§ 13 Limited Liability
1. Any claims for damages and reimbursement of expenses the Customer may have, based on whatever legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. mobile fashion is not liable for any damages that did not occur in direct connection with delivery.
2. Claims for damages and reimbursement arising from an essential breach of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, unless caused by intent or gross negligence or based on liability for injury of live, body or health. mobile fashion's established liability limitations extend to its workers, representatives and supporters.
3. The above shall not apply in the case of injury of live, body or health.
4. The above shall further more not apply in the case of mandatory liability, e.g. under the German Product Liability Act ("Produkthaftungsgesetz").
5. Modification and misprint reserve.
Last modified May 2017