Terms and conditions
GENERAL TERMS AND CONDITIONS (GTC)
for the online shop of
Margittes Fashion GmbH
Berliner Allee 32
40212 Düsseldorf
Germany
Represented by the Managing Director: Ender Can Avcioglu
Commercial Register: Düsseldorf District Court, HRB 105681
VAT ID No.: DE813270974
§ 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers via the online shop of Margittes Fashion GmbH.
(2) A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 German Civil Code – BGB).
(3) The presentation and sale of goods in this online shop are aimed exclusively at consumers with their habitual residence in the Federal Republic of Germany.
(4) The version of the GTC valid at the time of the order shall apply.
§ 2 Contractual Partner, Conclusion of Contract, Correction Options
(1) The purchase contract is concluded with Margittes Fashion GmbH.
(2) The products presented in the online shop do not constitute a legally binding offer but a non-binding invitation to place an order.
(3) Customers can initially place products in the shopping cart without obligation and can correct and review their entries at any time before submitting a binding order using the correction tools provided in the ordering process.
(4) By clicking the button “Order with obligation to pay,” the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
(5) The receipt of the order will be confirmed to the customer immediately by email. This automatic confirmation merely documents that the order has been received and does not constitute acceptance of the offer.
(6) The contract is only concluded upon an explicit order confirmation by email or by delivery of the goods.
(7) The contract is concluded in the German language.
(8) The contract text is stored by us after conclusion of the contract. The order data and these GTC are sent to the customer by email. In addition, the contract text can be accessed via the customer account, if one has been created.
(9) Information on the processing of personal data in connection with orders, the creation of a customer account, and the use of our online shop can be found in our privacy policy.
§ 3 Subject of the Contract, Delivery Area
(1) The subject of the contract is the sale of women's clothing and accessories.
(2) The seller also offers reduced goods / sale items. The same statutory rights apply to reduced goods as to regular goods, unless otherwise expressly and legally permitted.
(3) Product images in the online shop may differ slightly from the actual product color due to technical reasons (e.g., screen display, lighting conditions during photography). Such minor, customary deviations do not constitute a defect, provided usability is not impaired.
(4) Delivery is made exclusively within the Federal Republic of Germany.
§ 4 Prices and Shipping Costs
(1) All prices stated in the online shop are total prices in euros and include statutory VAT.
(2) Shipping costs are charged in addition to the product prices. The amount is clearly communicated during the ordering process before the order is placed. Shipping costs are a flat rate of EUR 9.00 per order.
(3) No further costs will be incurred unless explicitly stated otherwise.
§ 5 Payment Terms
(1) The only payment method available is credit card.
(2) The credit card will be charged during the ordering process or in accordance with the payment service provider.
(3) The customer must ensure that the payment details provided are correct and that sufficient funds are available.
(4) We reserve the right to reject orders in individual cases if there are justified indications of payment default or misuse risk.
§ 6 Delivery, Delivery Time, Partial Deliveries
(1) Delivery is made via UPS to the address specified by the customer.
(2) Unless otherwise stated, delivery time is 4 to 7 working days from contract conclusion or from payment authorization.
(3) If not all ordered products are in stock, we are entitled to make reasonable partial deliveries without additional shipping costs.
(4) If delivery fails due to reasons attributable to the customer, the customer shall bear the reasonable additional costs, unless the right of withdrawal is exercised.
(5) If a product is permanently unavailable, no contract is concluded. Payments made will be refunded immediately.
§ 7 Retention of Title
The goods remain our property until full payment has been made.
§ 8 Warranty (Liability for Defects)
The statutory provisions on liability for defects apply.
§ 9 Liability
(1) We are fully liable for damages resulting from injury to life, body, or health, for damages caused by intent or gross negligence, in the case of guarantees, and under the Product Liability Act.
(2) In the case of slight negligence regarding essential contractual obligations (cardinal obligations), liability is limited to foreseeable, typical damages.
(3) Otherwise, liability for slight negligence is excluded.
(4) These limitations also apply to our representatives and agents.
§ 10 Vouchers / Discount Campaigns
(1) Vouchers and discounts are valid only within the specified period and conditions.
(2) Cash payment is excluded.
(3) Only one voucher may be used per order unless stated otherwise.
(4) Retroactive application is excluded.
§ 11 Returns / Voluntary Returns Handling
(1) Statutory rights, especially the right of withdrawal, remain unaffected.
(2) Providing return labels or assistance is voluntary and does not affect legal rights.
(3) Customers are asked to return goods in original packaging where possible, but this is not mandatory.
§ 12 Alternative Dispute Resolution
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).
§ 13 Final Provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If individual provisions are invalid, the remainder remains valid.
RIGHT OF WITHDRAWAL
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day:
- you or a third party named by you (not the carrier) takes possession of the goods (single delivery),
- the last item is received (multiple items in one order),
- the last partial shipment is received (split deliveries).
To exercise your right, you must inform us (Margittes Fashion GmbH, Berliner Allee 32, 40212 Düsseldorf, Germany, support@margittes.de) by a clear statement (e.g., letter or email).
You may use the attached withdrawal form, but it is not mandatory.
To meet the deadline, it is sufficient to send the notification before the withdrawal period expires.
Effects of Withdrawal
If you withdraw, we will reimburse all payments including delivery costs (except extra costs for non-standard delivery) within 14 days from receipt of your withdrawal.
We will use the same payment method unless otherwise agreed.
We may withhold reimbursement until goods are returned or proof is provided.
You must return goods within 14 days after notifying withdrawal.
We bear return shipping costs.
You are only liable for loss in value if caused by unnecessary handling.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw)
To: Margittes Fashion GmbH, Berliner Allee 32, 40212 Düsseldorf, Germany, support@margittes.de
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Signature (only if on paper):
Date: ________________________________________
Reason for return (optional):
☐ Wrong size ordered
☐ Does not fit (too large / too small)
☐ Item damaged
☐ Wrong item delivered
☐ Item not liked
☐ Does not match description
☐ Other: ________________________________
(*) Delete as appropriate.