Terms of service
Table of Contents
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What These Terms Cover
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How the Contract is Made
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Your Right to Cancel
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Prices and Payment
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Shipping and Delivery
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Ownership of Goods
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Warranty
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Special Rules for Repairs
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Special Rules for Custom Orders
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Using Promotional Vouchers
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Using Gift Vouchers
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Applicable Law
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Place of Legal Disputes
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Dispute Resolution
1) What These Terms Cover
1.1 These General Terms and Conditions ("GTC") apply to all agreements between WALD Fashion GmbH ("Seller") and a buyer ("Client") for products or services in the Seller's online shop. The Client's terms apply only if the Seller explicitly agrees in provable text form.
1.2 These GTC also apply to buying vouchers unless specifically agreed otherwise.
1.3 For delivering vouchers, these GTC also apply unless agreed otherwise.
1.4 These GTC also apply when buying tickets, but not for the actual event. The organizer's terms and laws will apply for the event itself. If the Seller is not the organizer, the Seller is not responsible for the event's performance.
1.5 A "consumer" is anyone making a purchase not related to business or self-employment.
1.6 A "trader" is someone making a purchase for their business or professional activities.
2) How the Contract is Made
2.1 The product descriptions in the Seller's online shop are not offers but are invitations for the Client to make an offer.
2.2 The Client makes an offer by submitting the online order form. This happens after adding items to the cart, completing the process, and clicking the button to finalize the order.
2.3 The Seller can accept the Client's offer within five days by sending an order confirmation by email.
2.4 The Seller will store the contract after it is made and will send it to the Client in text form (e.g., email or letter). The Client can also access the order through their online account.
2.5 Before submitting the order, the Client can correct any mistakes on the screen. They can use the browser zoom function or change data using the keyboard or mouse.
2.6 The contract can only be completed in English.
2.7 Orders are processed mainly via email. The Client must provide an accurate email address and ensure they can receive emails, including checking their spam filter.
3) Your Right to Cancel
3.1 Consumers have the right to cancel.
3.2 Detailed information on cancellation rights is available in the Seller's instructions on cancellation.
3.3 The right to cancel does not apply to consumers outside of the European Union at the time of contract who have both their residence and delivery address outside the EU.
3.4 Cancellation rights do not apply for contracts related to leisure activities that specify a date or time period, such as event tickets.
4) Prices and Payment
4.1 Unless otherwise stated, prices include sales tax. Delivery costs are shown separately.
4.2 Payments can be made using the options listed in the online shop.
4.3 For deliveries outside the European Union, extra charges like bank transfer fees or customs duties may apply and must be paid by the Client.
4.4 Payments through "Shopify Payments" are processed by Shopify International Limited. Other payment terms may apply depending on the specific payment method. More information is available at https://www.shopify.com/payments.
5) Shipping and Delivery
5.1 If shipping is offered, the goods are delivered to the address provided by the Client. The address given during order processing will be used.
5.2 If the goods are returned because delivery was not possible, the Client must pay for the failed delivery unless the Client was unable to receive the package due to reasons beyond their control.
5.3 If the Client chooses to pick up the goods, they will be notified by email when the goods are ready for collection. No shipping costs apply in this case.
5.4 Vouchers are sent by email.
5.5 Tickets are also sent by email.
5.6 If the Seller cannot get the goods because of supplier issues, the Seller can cancel the contract. This only applies if the Seller is not responsible and made reasonable efforts to get the goods. The Client will be informed immediately, and any payments will be refunded.
6) Ownership of Goods
The Seller keeps ownership of the goods until the full payment is made.
7) Warranty
7.1 The statutory rules for defects apply unless otherwise stated below.
7.2 If the Client is a trader:
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The Seller can choose how to fix defects.
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There is no warranty period if a replacement is made.
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There is no warranty for the goods.
7.3 These limitations do not apply:
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To claims for damages.
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If the defect was hidden on purpose.
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For goods used in a building that caused defects.
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If the Seller must provide updates for digital products.
7.4 The statutory periods for recourse claims by traders remain unaffected.
7.5 Business clients must inspect the goods and report any defects. If they fail to do so, the goods are considered accepted.
7.6 Consumers must report obvious transport damages to the delivery agent and inform the Seller. Failure to do so does not affect statutory claims.
8) Special Rules for Repairs
8.1 Repairs are done at the Seller's place of business.
8.2 The Seller can use qualified staff or third parties to perform repairs.
8.3 The Client must provide all necessary information about the defect, unless the contract states that the Seller is responsible for finding this information.
8.4 The Client must send the item to be repaired at their own cost and risk. The Seller recommends using transport insurance and suitable packaging.
8.5 The return shipment is at the Client's expense, and the risk passes to the Client once handed to the transport company. The Seller can arrange transport insurance if requested.
8.6 These rules do not limit the Client's statutory rights for purchasing goods.
8.7 The Seller is liable for defects in the repair service.
9) Special Rules for Custom Orders
9.1 If the Seller processes goods based on the Client's specifications, the Client must provide all necessary content (e.g., text or images) and guarantee they have the right to use it.
9.2 The Client must compensate the Seller for any third-party claims arising from violations of their rights due to the provided content. This includes legal defense costs, unless the Client is not responsible for the violation.
9.3 The Seller can refuse orders if the content provided by the Client is illegal or inappropriate.
10) Using Promotional Vouchers
10.1 Promotional vouchers are issued for free and can only be used in the Seller's online shop during the specified time.
10.2 Some products may be excluded from voucher campaigns.
10.3 Only consumers can use promotional vouchers.
10.4 Only one promotional voucher can be used per order.
10.5 The value of the goods must meet or exceed the value of the voucher. No remaining balance will be refunded.
10.6 If the voucher value is not enough, the Client can pay the difference using other available payment methods.
10.7 Promotional vouchers cannot be exchanged for cash.
10.8 If goods purchased with a promotional voucher are returned, the voucher value will not be refunded.
10.9 Promotional vouchers are transferable. The Seller will honor the voucher if the person redeeming it is entitled to use it.
11) Using Gift Vouchers
11.1 Gift vouchers can be bought in the Seller's online shop and redeemed there.
11.2 Gift vouchers and remaining balances can be used until the end of the third year after purchase.
11.3 Gift vouchers must be redeemed before completing an order.
11.4 Only one gift voucher can be used per order.
11.5 Multiple vouchers can be used in a single order.
11.6 If the voucher value is not enough, the Client can pay the difference using other available payment methods.
11.7 Gift vouchers cannot be exchanged for cash.
11.8 Gift vouchers are transferable. The Seller will honor the voucher if the person redeeming it is entitled to use it.
12) Applicable Law
12.1 The law of Germany applies, excluding international purchase laws. For consumers, this choice only applies if it does not remove mandatory consumer protections in their country.
12.2 For cancellation rights, German law does not apply to consumers who do not live in the EU and have their delivery address outside the EU.
13) Place of Legal Disputes
If the Client is a business, legal disputes are handled in the Seller's local court in Germany. If the Client is outside Germany, the Seller can still choose to bring the case to the Client's local court.
14) Dispute Resolution
14.1 The EU Commission provides a link to the online dispute resolution platform: https://ec.europa.eu/consumers/odr. This platform helps solve disputes between consumers and traders.
14.2 The Seller is not obligated to participate in a dispute resolution process through an alternative resolution entity, which is an independent organization that helps settle disputes outside of court.