General Terms and Conditions of the Strellson Online Shop Germany

1. Scope, Terms and Definitions

1.1.      The following general terms and conditions (“GTCs”) in the version valid at the time of the respective order apply exclusively to the business relationship between Lenox AG, Sonnenwiesenstrasse 21, CH-8280 Kreuzlingen (“we” and “us”) and the customer in connection with the Strellson Online Shop Germany under the URL www.strellson.com (“Online Shop”).

1.2.      Deviating or supplementary conditions of the customer are not recognized, unless we expressly agree to their validity in individual cases in writing. Individual agreements in individual cases in each case take precedence.

1.3.      The online shop is exclusively intended for customers who have their habitual residence, a delivery address, and a billing address in Germany and are consumers in the sense of the legal provisions (Section 13 BGB [German Civil Code]), i.e. natural persons who conclude a legal transaction for a purpose that can be attributed neither to a commercial nor to a self-employed professional activity. The online shop is not intended for minors.

 

2. Contract Conclusion, Product Presentation 

2.1.      The presentation of the assortment in the online shop does not constitute a legally binding offer, but an invitation to the customer to submit his/her own offer to conclude a purchase contract. Please note that the colors of the products may differ from those in the online shop.

2.2.      Your order is made by adding the selected products to the Strellson shopping cart and sending the order by pressing the “BUY NOW” button. By sending you submit a binding offer to conclude the purchase contract for the products in the Strellson shopping cart. Before sending the order form, you can review your selection and details and correct any input errors.

2.3. You will then receive an acknowledgment of receipt by e-mail, confirming to you that we received the order (“acknowledgment of receipt”). This receipt only documents that we received your order and does not constitute acceptance of your contract offer.

2.4. The contract is only concluded if we send you a separate declaration of acceptance by e-mail within five days of the order (“purchase confirmation”) or a shipping confirmation of the goods you ordered. No contract is concluded for ordered products that are not listed in the purchase confirmation or shipping notification. This may also concern products that are offered in the online shop, but, for example, are not available when your order is received. 

2.5. Your contractual partner is Lenox AG.

 

3. Prices, Payment, Set-off, Right of Retention and Retention of Title

3.1. All prices that are indicated in our online shop are in euros and include the applicable statutory value added tax. Decisive for the prices of the products are the prices indicated at the time of the order.

3.2. The shipping costs to be borne by you are indicated in the Strellson shopping cart before you send your order. You can find general information about shipping costs here

3.3.      Payment for orders in the online shop can be made only by SOFORT transfer, wire transfer, credit card, PayPal, or prepayment (as advance transfer). In case of payment by credit card we accept Visa and MasterCard. The order option and the payment methods offered may depend on the result of a credit check. 

3.4.      The payment of the purchase price is due immediately after conclusion of the contract. If payment is not received within 14 days after the due date, this will constitute a default. When paying by credit card, we will charge the payment amount to the credit card when we send the goods. 

3.5.      When paying by cash in advance (advance transfer) or by SOFORT transfer, the ordered goods are shipped only after the full invoice amount has been credited to the account provided by us. This payment must be made within 7 working days after the purchase confirmation is sent. The purchase confirmation is conditional in this respect, meaning that the purchase contract and the obligation to deliver no longer apply if the payment is not received on time. Amounts that are received with delay are another offer to conclude the contract and can be accepted by us as described in para. 2.4. In the event of non-acceptance, the amount will be refunded immediately and the order voided.

3.6.      You are only entitled to set-off if your counterclaims are legally established by a court or undisputed or have been recognized by us.

3.7.      You can exercise a right of retention only if your claims against us and our claims against you result from the same contractual relationship.

 

3.8.      We reserve the right of ownership of the delivered goods until complete payment.

 

4. Shipping

4.1.      Unless agreed otherwise, the goods will be shipped to the delivery address specified in the order using the shipping method chosen by you. Partial deliveries are permitted within the scope of what is reasonable for you. For partial deliveries, we refer to this in the shipping confirmation. 

4.2.      Shipping is made via DHL standard shipping. Unless stated otherwise, the goods are received by the customer about 1–3 days after placing an order.

 

4.3.      Disruptions outside our control, experienced by us or by any companies we contract (e.g. logistics companies to handle the contract) as well as force majeure may further delay the delivery. We will inform you about such delays in delivery as soon as we become aware of them. We will give you a reasonable new delivery time according to the respective circumstances. If the goods continue to be unavailable after the expiration of this deadline for reasons outside our control, we may wholly or partially withdraw from the contract. If, due to the delay, the acceptance of the goods is unreasonable to you, you may withdraw from the contract. We kindly ask you to notify us at least in writing (for example, by e-mail). Any payment already made will be reimbursed immediately. Any other legal rights you have remain unaffected in any case.

 

5. Redeeming Sale Coupons

5.1.      Sale coupons are coupons that we issue for promotional purposes and with a specific validity period. You cannot purchase them.

5.2.      Please note that sale coupons are subject to the conditions below and the terms and conditions indicated on the coupons in each case. 

5.3.      To redeem the coupons, it is necessary to create a customer account. 

5.4.      If the sale coupon specifies a minimum purchase or order value, the coupon value is a discount on the actual, final purchase price. The condition for granting the discount is therefore that the respective value is actually reached in the respective purchase. Cancellations and other returns made by the customer and accepted by us are taken into account, so that the value of the returned goods is deducted from the original order value. If the required minimum order value is no longer reached in this way, a value of the coupon already credited will be offset against any amount to be refunded and deducted from it.

5.5.      Sale coupons are valid only in the specified period and can be redeemed only once in the scope of an order process. Sale coupons cannot be combined with each other (not even in case of different sale coupons). 

5.6.      Sale coupons can be redeemed only after the creation of a customer account, before completing the order process. Subsequent redemption or set-off is not possible. The value of the coupon can be neither paid out in cash, nor subject to interest. Any remaining credit will not be refunded.

5.7.      If the order amount exceeds the value of a sale coupon, the difference can be paid using the offered payment methods. 

 

5.8.      If sale coupons are issued without a counter-performance in promotional events, they will not be refunded in the event of (even partial) returns of the goods in accordance with para. 6.

 

6. Consumers’ Legal Right of Withdrawal,
Costs of Return if Right of Withdrawal is Exercised,
Our Strellson Return Right

You will find the information about the legal right of withdrawal for consumers below, in para. 6.1. Please note the provision of para. 6.2 as well.

In addition to and completely independently of this legal right of withdrawal, we grant you a contractual right of return for the products purchased in the online store, as a special service. This right is valid for 30 days after you receive the goods and otherwise corresponds to the legal right of withdrawal described above. Therefore, the provisions of para. 6.1 and the agreement in para. 6.2 apply accordingly to this additional contractual right of return.  As a result, you have more time to make the return, 30 days after you receive the goods.
 

6.1. Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days, without providing any reasons. The withdrawal deadline is fourteen days from the day on which you or a third party designated by you, which is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you have to inform us (Strellson Online Shop c/o PVS Logistikzentrum Werner-Haas-Str. 5, 574172 Neckarsulm, tel. 030 – 991 919 961, e-mail: service.de@strellson.com) in a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from this contract. You can use this model withdrawal form for this purpose, but it is not mandatory. You can fill out this model withdrawal form or another clear declaration and send to us. To ensure that the withdrawal deadline is met, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal deadline.

 
6.2. Consequences of Withdrawal

If you withdraw from the contract, we have to refund all payments we received from you, including delivery charges (except additional costs resulting from the fact that you chose another type of delivery than the cheapest standard delivery offered by us) to you immediately and at the latest within fourteen days after the date on which we received the notification of your withdrawal from this contract. We use the same payment method for this refund that you originally used in the transaction, unless expressly agreed otherwise with you; you will never incur fees for this refund. We may refuse to pay the refund until we have received the goods or until you have provided proof to us that you sent back the goods, whichever occurs earlier. You have to return or transfer the goods to us immediately and in any case at the latest within fourteen days from the day on which you have informed us of the withdrawal (Strellson Online Shop C/O PVS Logistics Center Werner-Haas-Str. 5, 574172 Neckarsulm). The deadline is met if you send the goods before the expiration of the period of fourteen days. We bear the costs of return of the goods. You have to pay for any loss of value of the goods only if this loss of value is due to handling by you that is not necessary for verification of quality, characteristics and functioning of the goods.
 

6.3. Exclusion of the Right of Withdrawal

The right of withdrawal does not exist for goods that are custom-made for customers or clearly customized to the personal needs of customers or are not suitable for return due to their nature.

End of Withdrawal Policy

 

7. Warranty

7.1.      We are only liable for defects in accordance with the relevant legal regulations.

7.2.      We do not generally provide guarantees. There is a guarantee for the goods delivered by us only if it is expressly indicated, e.g. in the purchase confirmation for the respective article.

 

7.3.      Customary or unavoidable material-related deviations in quality, color, size, finish and design of the goods are generally unimportant. Therefore, generally warranty claims do not arise in these cases. However, you are free to demonstrate that such deviations are significant. 

 

8. Liability

8.1.      We are liable for damages, regardless of the legal reason and including liability for legal representatives or vicarious agents, in the event of intent and gross negligence.

8.2.      In the event of simple negligence, we are liable only:

a)         for damages resulting from injury to life, body or health,

b)         for damages resulting from breach of an essential contractual obligation (obligation the fulfillment of which enables the proper performance of the contract in the first place         and on the fulfillment of which the contracting party usually relies and may rely); in this case, our liability is limited, however, to the compensation for foreseeable, typically occurring damage.

 

8.3.      The above liability limitations do not apply if we maliciously concealed a defect or took on a guarantee for the quality of the goods. The same applies to your claims under the Product Liability Act.

 

9. Data Protection

The following provisions of this para. 9 apply only if the corresponding consent was granted.

9.1. Credit Check

I give my consent to the processing of a so-called credit check as part of the order process. As part of the credit check, all available data will be checked to determine what payment methods can be offered for an order and, also, whether an order can be made. In this process, all previous orders in my customer account may be checked as well.

 

I give my consent to my personal data needed for a credit check (first and last name, address, etc.) to be sent to infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden-Baden. This company will use these data for the purposes of address verification and/or identity checks with other companies, as well as for corresponding scoring applications. The score is the calculation of probabilities of a specific future behavior, using mathematical/statistical methods, and the corresponding data are used for this purpose.

Along with data sent in the scope of the order, data from external service providers is also needed. I give my consent to obtain credit-related information from this service provider concerning my previous payment history, information for assessment of payment default risk on the basis of mathematical/statistical methods, using address data (score) and data for the verification of my address (deliverability check). 

9.2. Data Use for Measures to Prevent Misuse and Fraud

I give my consent, even if an order process is aborted, to the collection, processing and use: 1) of my data for contract processing (e.g. object of purchase, shopping cart, name, mailing address, e-mail address, delivery address, payment method and bank information) and 2) of my device and usage data in connection with my website visits of this website (e.g. country settings, device information, data about the start, end and scope of the visited pages and click paths), together with 3) a cookie (i.e. a small text file stored locally in the cache of the web browser) and/or a user ID generated from non-personal data of my devices used to visit the websites (e.g. screen resolution and operating system version), which can be used to identify my devices with a certain probability in further visits, which is done by us for the purposes of automated verification of whether this or a future order or an attempted order contains evidence of misuse of the website or attempted fraud.

I declare that I have the right to give this consent for all the devices used to visit this website and that I will inform all third parties to whom I leave the devices used in the process about this consent and ensure that they also agree to the measures described above or, otherwise, do not visit this website using my devices.

 

The usage data concerning my website visits will be taken from a database, in which they are saved under a pseudonymous identifier for the purposes of advertising, market research and customized design of these websites. For details, please see the relevant conditions of the data privacy policy. Informa solutions GmbH is contracted as a contract data processor to prevent misuse and fraud. 

9.3. Data Transfer to the Device Transaction Pool for Use by Member Companies

 

I also give my consent to the sending of the data referred to in para. 9.2, 1), 2) and 3) above to the Device Transaction Pool (DTP) to be stored there. The purpose of the DTP is to protect DTP member companies from misuse and bad debt due to fraud, which may result during the provision of commercial, paid-for telecommunication services or telemedia services to contracting partners that are unwilling or unable to pay, especially as a result of fraud. The transmitted data are stored, processed and used for these purposes only. If a member company makes a request to the DTP, only the results of the investigation in connection with the request will be sent to this member company. Positive data may also be used, i.e. devices that are used, for example, for payment often and on-time, are assessed positively. Data concerning the results are not stored by the individual member companies beyond the specific case of individual usage. The DTP is operated by infoscore Tracking Solutions (ITS), Kaistraße 7, 40221 Dusseldorf, as the contract data processor of the member companies. 

9.4. Preference Center

I give my consent to my information in the Preference Center being collected, processed, and used for the purposes of personal consultation in the scope of customer service and personalization of advertising, and combined with the tracking data for the newsletter, if I have given my consent to their collection separately. In this process, for example, the residential address is used to send invitations to specific store events. Age, gender, time of purchase and purchase history (articles, quantity, size, color, price, contract number, exchange, return, place of purchase) are analyzed to enable personalized product recommendations. The personalized product recommendations are made by e-mail, SMS/MMS, if you have given your consent separately, through advertising, in the store or in print advertising. 

 

9.5 Newsletter

 

a) I give my consent to the use of my e-mail address by Strellson AG and by companies affiliated with Strellson AG (Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl) to send me advertising and information by e-mail in connection with products, offers and services of the group of companies, such as newsletters, event invitations, promotional communications, product sales.

I can withdraw this consent at any time by e-mailing unsubscribe@strellson.com.

 

b) I give my consent to the collection, processing and use of tracking data from the newsletter for the purposes of personal consultation in the scope of customer service and personalization of advertising by Strellson AG, as well as by companies affiliated with Strellson AG (Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl). Information about the newsletter (newsletter name, newsletter category, time of dispatch, opening time) and when I clicked on which link in the newsletter is collected.

I can withdraw this consent at any time by e-mailing unsubscribe@strellson.com.

 

9.6. Withdrawal

I can withdraw the consent in par. 9.2 to 9.5 above at any time in free form with effect for the future, for example by e-mailing unsubscribe@strellson.com. After that, it may not be possible to use the website anymore, at the provider’s discretion. 

9.7. In addition, our privacy policy containing special additional information about your rights is available here

 

10. Final Provisions

10.1. Should individual provisions of these GTCs be or become invalid, the validity of the remaining provisions shall not be affected. The corresponding relevant legal provisions shall apply instead of the invalid provision. This applies accordingly to the closing of any loopholes in these GTCs.

10.2. All contracts with us are subject exclusively to the laws of the Federal Republic of Germany, to the exclusion of the German conflict-of-laws regulations and all international and supranational legal regulations, and particularly the UN Sales Convention.

10.3. The contract is concluded in German, even if these GTCs are provided in other languages, in particular in English, in addition to the German version. The GTCs and the text of the contract are not saved separately by us when the contract is concluded. 

10.4. Under the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

the European Commission provides a platform for online dispute resolution in the area of consumer affairs. There is no obligation to participate in a dispute settlement procedure before a consumer arbitration board and we do not participate in such procedures.

11. Service

We value your satisfaction. Therefore, we make an effort to address your concerns as quickly as possible and will contact you after receiving the documents or your comment or complaint. For service inquiries or complaints, please contact us by calling 030 – 991 919 962, e-mailing service.de@strellson.com, or by sending regular mail to the address provided in par. 6.1.

 

Version: May 24, 2018