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GENERAL TERMS AND CONDITIONS

General terms and conditions of business

  • 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter referred to as: GTC) apply to all contracts concluded via our online shop between us, the

GREY Fashion UG (limited liability), Pappelallee 78/79, 10437 Berlin

and you as our customer. The general terms and conditions apply regardless of whether you are a consumer, entrepreneur or businessman.

(2) All agreements made between you and us in connection with the contract of sale result in particular from these conditions of sale, our written order confirmation and our declaration of acceptance.

(3) The version of the General Terms and Conditions valid at the time the contract is concluded shall be decisive.

(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.

  • 2 Conclusion of contract

(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a sales contract.

(2) By submitting an order via the online shop by clicking the button "order subject to payment", you submit a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if applicable according to § 3, remains unaffected.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of receipt.

(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.

(5) We can only consider orders for deliveries abroad from a minimum order value. You can find the minimum order value in the price information provided in our online shop.

(6) Should the delivery of the goods ordered by you not be possible, for example because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case a contract does not come into effect. We will inform you of this without delay and refund any consideration already received without delay.

  • 3 Delivery conditions and reservation of advance payment

(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period is approximately five (5) working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.

(3) In the case of orders from customers with residence or place of business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price together with shipping costs (reservation of advance payment). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and the shipping costs.

  • 4 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including the statutory value-added tax and do not include shipping costs.

(2) The shipping costs are indicated in our price information in our online shop. The price including sales tax and shipping costs is also displayed in the order form before you send the order.

(3) If we fulfil your order by partial deliveries in accordance with § 4 Para. 1, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration in accordance with § 3, you can demand the reimbursement of costs already paid for the shipment to you (shipping costs) under the legal requirements (see § 3 para. 3 for other consequences of revocation).

  • 5 Terms of payment and offsetting and right of retention

(1) The purchase price and the shipping costs are to be paid within two (2) weeks of receipt of our invoice at the latest.

(2) You may choose to transfer the purchase price and the shipping costs to our account specified in the online shop, to give us a direct debit authorization or to pay by EC-/Maestro- or credit card. In the event of a direct debit authorization or payment by EC/Maestro or credit card, we will debit your account at the earliest at the time specified in paragraph 1. A granted direct debit authorization is also valid for further orders until revoked.

(3) You shall not be entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you make complaints or counterclaims from the same purchase contract.

(4) As a purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

  • 6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

  • Section 7 Warranty

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. GERMAN CIVIL CODE. The limitation period for legal claims for defects is two years and begins with the delivery of the goods.

(2) Any seller's warranties given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to claims for material defects or defects of title within the meaning of paragraph 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the articles.

  • Section 8 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in case of intent and gross negligence in accordance with the statutory provisions for damages or compensation for futile expenditure.

(2) In other cases we shall be liable - unless otherwise provided for in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases our liability is excluded subject to the provision in paragraph 3.

(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

  • 9 Copyrights

We have copyright on all pictures, films and texts published in our online shop. A use of the pictures, films and texts is not permitted without our express consent.

  • 10 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.

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