Terms of Condition
General Terms and Conditions
Table of Contents
- Scope of usage, Closure of Contract
- Pricing and Payment
- Conditions of Shipping & Deliveries, customized products
- Reservation of Proprietary Right, Guarantee
- Law Applicable, Alternative dispute resolution (ADR)
1) Scope of usage, Closure of Contract
1a The Terms and Conditions (here after referred as “GT&C”) of our company enywear GbR (here after named as “Seller”) should apply to all contracts finalized between a customer or a trader (referred as “Customer”) and the Seller relating to all products and services offered in enywear’s online shop. The customer’s own conditions are herewith rejected, unless other conditions have been agreed upon.
1b A client following to our GT&C are all natural persons concluding a legal process for a purpose attributed neither to a foremost commercial nor a self-employed occupational activity. A trader after our GT&C is a natural or legal person with the right to act in the name of a company or self employed occupation with the objective to conclude a legal contract.
1c The product files in our enywear online shop are not binding proposals on the side of enywear GbR, but do serve the reason of placing a binding offer by the Customer. The Customer could place his offer with the help of the online shop order form which is presented in the enywear GbR web shop.
1d Using our online shop order form and placing products in the virtual shopping cart, finalizing the ordering process by clicking the buy button, the customer submits a legal contract with binding quality. The same is applicable for services.
1e Within 5 days Enywear GbR could accept the customers proposal by sending a purchase confirmation via email or fax which confirms the order on the customer side. Or enywear GbR is delivering the ordered products to the customer, then the received products are finalizing the purchase. Or enywear GbR demands a payment by the customer after the order was placed.
In the case of more than one before named option apply, the contract is closed in the moment when one of the named possibilities happens first. In the case that enywear GbR is not accepting the customers offer withing the period of 5 days, the offer is seen as rejected and the customer is no more tied to his offer.
1f After sending an offer on enywears online platform the contract is kept by enywear and confirmed to the buyer in writing by email, letter or fax. Enywear should not change the text of the contract afterwards. In case of an existing customer account in enywears online shop before the order is sent, the data of the order is kept on enywears website and the customer can view the data free of charge by accessing the user account with the specific login data.
1g The ordered products or services are binded by the customers offer. Before sending off the order he or she should thoroughly check all information and change mistakes immediately. The customer may use larger screen view to secure correct data. It is the customers responsibility to secure right information and make needed changes before submitting the order.
1h enywear orders are processed automatically using the customers email address. This email address must be correct and the customer is in charge of exact data for the exchange of information. This includes as well any SPAM or other preset filtering options used in the email account. The customer must take care for the correct receival of emails by enywear shop to assure a correct order process.
1i The contract is only available in English and German. The contract can be concluded in these 2 languages.
2) Pricing and Payment
2a All prices on enywear website are total prices which include legitimate sales taxation if not stated different. Other costs like shipping costs are shown extra, if applicable.
2b Credit card payment by Stripe: In case of using the credit card payment the full amount of the bill is directly due when the contract is closed. The payment process is carried out by “Stripe Payments Europe Ltd.”who has the right to neglect the credit card if the check results in no positive result. (Full company name and address: Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland)
2d KLARNA payment services which offers Klarna Invoice and Installment Purchase are fully processed by: Klarna AB (publ) Sveavägen 46,111 34 Stockholm, Sweden. More information about the payment process and Klarna’s terms & conditions can be found on https://www.klarna.com.
2e enywear web shop offers different payment options that the buyer can choose from.
3) Conditions of Shipping & Deliveries, customized Products
3a The shipment of products is distributed to the address given by the customer and named as “shipping address”, unless otherwise agreed. With the start of the shipping & delivery process the customers ship-to address is binding. In the case of using payment method Paypal the decisive address is the one stated in customers Paypal account.
3b If the delivery of the products by the transporting company is not possible because of the customer, the costs of returned shipment are carried by the buyer. This will not be applied if the customer uses the right to cancel on time or if the delivery did not happen because of events beyond the customers control, unless enywear GbR did inform the customer about the shipment within enough time before.
3c The products can not be collected at the company’s headquarter (Grimma) but can be collected at the shop in Munich (Eva Simon Design, Pestalozzistr.3, 80469 Munich, Germany).
3d Enywear GbR has the right to cancel the contract in case of misleading or wrong information. This is only applicable if enywear GbR is not in charge of the non-supply and if enywear GbR had maintained a specific hedging transaction with its supplier. Enywear GbR should take all reasonable action to receive the products. If the products happen to be non or partial available the customer should be informed immediately and granted right of retention.
3e If the customer requires goods with special deviations the customer should provide all needed content to perform the processing such as text, pictures, graphic design in standard format. All Data must be provided and specified by the supplier and rights of use should be given to the supplier. The customer is only in charge of the payment and acquisition of the needed rights of given content. The customer confirms the usage rights of the data given to enywear GbR. The customer takes care that no other party rights are infringed by this action like copy right, personal right or trademark. Enywear GbR takes care for the process and delivery of customized goods according to the terms stated in the contract.
3f In case third party rights are violated by using customers data the customer is responsible to secure that enywear GbR is not covered by any claims of third parties. The customer should take the costs needed for any action needed i.e. legal defense. This should also cover costs of court and lawyer. In the event that the customer is not in charge of the infringement, this is not applicable. In case of claims by 3rd parties the customer should be obliged to give all needed information instantly, truthful and including all related documents so that enywear GbR can take care for the defense.
3g Enywear GbR has the right to not process such orders if the given content may be legally violating or otherwise not meeting the companys ethics. This will be applicable if the content is racial, discriminating or otherwise offending.
4) Reservation of Proprietary Right, Guarantee
4a In the event of providing upfront delivery, enywear GbR is protected by full ownership of the delivered products and services until the full purchase amount is paid.
4b If the purchased good is broken the seller should follow the relevant legislation.
4c The customer should inform enywear GbR about all evident transport damages and inform the shipping company. In the case of failure to comply with the topic, this should not change customers right to claim any defect.
4d Different handling for used goods: Defects can only be claimed until 1 year (12 months) after delivery of such products. Defects which happen in the first year after delivery of products can be claimed within period of limitation.
The shortening of statute of limitations is not applicable if enywear GbR has with the intent to defraud covered any defect or for requests for defects and refund of expenditure on the customer side.
5) Law of the Federal Republic of Germany, Alternative dispute resolution (ADR)
5a The applicable law is the one of the Federal Republic of Germany to cover all legal actions between enywear GbR and the customer, with the exclusion of the law concerning the international purchase of movable goods. The choice of law for the customer can only be applied so that the given protection is not automatically the law of the country in which the customer has her living residency.
5b The legal right to cancel, there the choice of law is not given if at the time of contract closure the customer lives outside the EU and its members and if the residency and delivery address are outside the EU.
5c Enywear GbR can voluntarily decide to handle issues by using ADR. The EU-ADR provides a starting point for out-of-court solutions and issues due to web-shopping. More information on the ADR handling can be found here https://ec.europa.eu/consumers/odr.
Customers have the right to cancel the contract. More details on this topic can be found in enywear’s information on revocation.