Terms and Conditions
§ 1 SCOPE OF APPLICATION
1. These General Terms and Conditions (hereinafter: “Terms and Conditions”) regulate the legal relationship between MSL-Fashion and its customers with regard to the delivery of goods from MSL-Fashion, which are available on the Internet via the website www.msl-fashion.com MSL Fashion are presented (hereinafter referred to as "delivery of goods").
2. Unless otherwise agreed in writing, these terms and conditions apply exclusively; conflicting provisions or provisions of the customer that deviate from these terms and conditions will not be recognized.
§ 2 REGISTRATION AND PRIVACY
1. The conclusion of contracts for the delivery of goods from MSL Fashion requires that the customer registers on the MSL Fashion website with the personal data required there and declares his consent to the validity of the present terms and conditions. Only persons with unrestricted legal capacity are entitled to register. There is no claim to admission. With the registration, the customer selects a personal user name and password according to the registration form on the MSL Fashion website. The password must be kept secret by the customer and may not be disclosed to third parties.
2. Apart from the above obligations mentioned in § 2 No. 1, there is no obligation associated with the registration of the customer on the MSL Fashion website and the registration is free of charge for the customer. The customer can have his registration deleted at any time. Changes can be entered online using the registration forms contained on the MSL Fashion website.
3. The personal data entered by the customer as part of the registration in accordance with § 2 No. 1 and 2 are used by MSL Fashion exclusively for the purpose of processing the contracts concluded between MSL Fashion and the customer for the delivery of goods and in accordance with the provisions of the German data protection law used. Any further use for purposes of advertising, market research or for the needs-based design of the range of services offered by MSL Fashion requires the express consent of the customer. The customer has the option of giving this consent before placing an order for goods, but it can be revoked by him at any time. For the rest, reference is made to the data protection declaration (data protection) attached to these General Terms and Conditions.
§ 3 GOODS PRESENTATION, ORDERS AND CONCLUSION OF CONTRACT
1. The presentation of goods on the MSL Fashion website does not constitute a binding offer for the delivery of goods by MSL Fashion.
2. Contracts for the delivery of goods between the customer and MSL Fashion come about through the customer's e-mail order via the input mask contained on the website www.msl-fashion.com and subsequent confirmation of acceptance on the part of MSL Fashion. The confirmation of acceptance is sent by e-mail from MSL Fashion to the e-mail address provided by the customer during registration.
§ 4 TERMS OF DELIVERY
1. Unless expressly agreed otherwise with the customer, all deliveries are made at the customer's risk and expense; the risk passes to the customer when the goods are handed over to the shipping company commissioned by MSL-Fashion. The shipping costs are available on the MSL Fashion website with the prices of the delivered goods and are shown separately by MSL Fashion on the invoice for your delivery.
2. The delivery dates specified by MSL-Fashion on their website are non-binding, unless expressly agreed otherwise. Adherence to deadlines for deliveries requires the timely receipt of all information to be provided by the customer and compliance with the agreed payment terms and other obligations by the customer. If these requirements are not met, the delivery period will be extended without prejudice, further claims by MSL-Fashion are appropriate.
§ 5 PRICES AND TERMS OF PAYMENT
1. The prices for the delivery of goods shown on the MSL Fashion website are final prices including VAT.
2. The purchase price for the delivery of goods from MSL Fashion is due immediately upon acceptance of the order by MSL Fashion. Payment must be made by PayPal, bank transfer, etc. at the customer's option.
§ 6 RESERVATION OF TITLE
The goods delivered by MSL-Fashion to the customer remain the property of MSL-Fashion until all of MSL-Fashion's claims against the customer from the sale have been fulfilled.
§ 7 DEFECTS CLAIMS
1. MSL Fashion gives no guarantees as to the quality of the goods it has delivered to the customer. In particular, the product or goods descriptions reproduced on the MSL Fashion website do not have the character of a guarantee.
2. In the event of defects, the customer's claims for supplementary performance, reduction in price and withdrawal from the contract are based on the statutory provisions. Compensation for damages can only be demanded under the conditions of Section 8 below.
ARTICLE 8 LIMITATION OF LIABILITY
1. Subject to the following § 8 Nos. 2 and 3, claims for damages by the customer, regardless of the legal basis, as well as his claims for compensation are futile expenses in terms of amount
a) limited to an amount equal to the agreed price in relation to delivered goods causing the damage;
b) otherwise excluded.
2. The limitation of liability according to § 8 No. 1 does not apply if the cause of the damage is based on a grossly negligent or intentional breach of duty or on an at least negligent breach of essential contractual obligations; in the event of a negligent breach of essential contractual obligations, however, the amount of liability is limited to the typically foreseeable damage.
3. The limitation of liability according to § 8 No. 1 also does not apply to damage resulting from injury to life, limb or health, in the event of liability under the Product Liability Act or insofar as MSL Fashion has fraudulently concealed a defect or, as an exception, has assumed a guarantee.
§ 9 REVOCATION
1. The customer has the option, if he is not pursuing a commercial or self-employed professional activity when placing the order, to revoke the order, purchase contracts or goods deliveries in accordance with the statutory provisions.
Right of cancellation
You have the right to withdraw from 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 took possession of the goods.
In order to exercise your right of withdrawal, you must inform us (MSL-Fashion, email@example.com) of your decision to withdraw from this contract by means of a clear statement [e.g. a letter sent by post or an e-mail). . You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For the repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned 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 inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation-
2. The right of cancellation does not apply to long-distance contracts
a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed, b) for the delivery of audio or Video recordings or software if you have unsealed the data carriers supplied.
ARTICLE 10 FINAL PROVISION
1. The law of the Federal Republic of Germany applies to these terms and conditions and the contracts concluded between MSL Fashion and the customer, excluding the UN Convention on the International Sale of Goods.
2. If the customer does not have a general place of jurisdiction in Germany, Celle is the exclusive place of jurisdiction for all disputes between the customer and MSL Fashion.
3. Deviations from these terms and conditions must be in writing. This also applies to changes to this written form clause.
4. Should one or more provisions of these terms and conditions be or become invalid, the validity of the remaining terms and conditions shall not be affected.