General Terms & Conditions
Contractual conditions in the context of purchase contracts via the platform https://www.falamoda.com
Sprock Ventures UG (haftungsbeschränkt)
Mobile.: +49 179 7003735
Registered in the commercial register of the district court in Berlin-Charlottenburg under HRB 196415 B.
Represented by Simon Sprock.
VAT ID: DE318489832
– hereinafter “provider” –
the users of this platform referred to in § 3 of these Terms and Conditions – hereinafter referred to as “Customer / Customer”.
§ 1 Scope
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version, valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.
Through this contract, the sale of new and used goods from the category Fashion products is regulated through the online shop of the provider. Because of the details of the respective offer, reference is made to the product description of the offer page.
§ 3 Conclusion of contract
(1) The customer can select products from the assortment of the supplier and collect them via the button “Add to cart” in a so-called shopping cart. Via the button “Buy Now” he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time during the process.
(2) In the following, the provider sends the customer an automatic confirmation of receipt with the subject “Your order at falamoda” by e-mail, in which the customer’s order is listed again and the customer can print this confirmation, using the function “Print”. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded by submitting the declaration of acceptance by the provider, with a separate e-mail (order confirmation) with the subject “Your falamoda Order receipt” is sent. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, terms & condition and order confirmation) will be sent to the customer by us on a durable medium (e-mail, PDF in e-mail, or paper printout). The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: German, English or Spanish.
§ 4 Delivery, availability of goods, payment methods
(1) Delivery times specified by us are calculated from the time of our order confirmation (compare § 3 (2) of these GTC), provided that the purchase price is paid in advance.
(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately as well. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. Incidentally, in this case, the provider is entitled to withdraw from the contract. In doing so, he will immediately reimburse any payments already made by the customer.
(3) The following delivery restrictions apply: The supplier only delivers to customers who have their habitual residence (billing address) in one of the following countries and who can provide a delivery address in the same country: Austria, Belgium, Denmark, Finland, France, Germany, Republic of Ireland , Italy, Luxembourg, Netherlands, Norway, Spain, Sweden, United Kingdom.
(4) The customer can make the payment by Direct Bank Transfer, Online Payment (Paypal or Credit Card), PayPal Checkout. Paypal is in this case a fiduciary / payment service provider.
Using a fiduciary / payment service provider allows the provider and customer to process the payment between each other. The fiduciary service / payment service provider forwards the payment of the customer to the provider. Further information can be found on the website of the respective fiduciary service / payment service provider.
(5) The payment of the purchase price is payable immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by default of the appointment..
The customer is obliged to pay or transfer the amount shown to the account indicated on the invoice within 14 days after receiving the invoice. Payment is due without deductions from the date of invoice. After expiry of the term of payment, which is thus determined by the calendar, the customer shall be in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
§ 5 Retention of title
Until the full payment of the purchase price, the delivered goods remain the property of the provider.
§ 6 Prices and shipping costs
(1) All prices, which are indicated on the website of the provider, are inclusive of the in each case valid legal value added tax.
(2) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer, as far as the customer does not exercise any right of withdrawal.
(3) In case of a cancellation, the customer has to bear the direct costs of the return.
§ 7 Warranty for defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months.
§ 8 Liability
(1) Customer claims for compensation are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Withdrawal service
For customers who are entrepreneurs, the rules on distance contracts are not applicable. Therefore, these customers do not have a corresponding right of withdrawal due to distance contract. The provider does not concede such a synonymous. Further information can be found in the cancellation policy.
§ 10 Data protection
§ 11 Final provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal ineffectiveness of individual points in its remaining parts. In place of the ineffective points, if available, the statutory provisions. However, as far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective (Severability Clause).
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.