ESCADA.com Standard Terms and Conditions
1. Scope of Application, Contracting Parties, Definitions
(1) These Standard Terms and Conditions (STCs) apply to any and all contracts concluded between you, as customer, and us, as the operator of the ESCADA E-Store. In the course of the ordering process, you recognize and acknowledge the version of the STCs that apply at the time the order is placed.
(2) The operator of the ESCADA E-Store and your contracting partner is: ESCADA Online GmbH, Einsteinring 14-18, D-85609 Aschheim/Munich, Munich Commercial Register no. HRB 201357. Please contact us if you have any questions, requests or complaints: Phone: +49 (0) 89 9982-9110, Fax: +49-(0)-89-9944-1111, Email: [email protected]
(3) The STCs govern the details of the contractual relationship and also contain important and legally binding consumer information. Through links on the ESCADA E-Store website, you may, at the time you place your order, download the STCs, store them on your computer and/or print them out. We will also, however, separately send you via a durable medium (e.g. via email, PDF attachment or printout) the STCs that apply to your order no later than when the product is delivered.
(4) Our product presentation in the ESCADA E-Store is directed only at consumers who have their ordinary residence (invoice address) in one of the following countries or who can specify a delivery address in that same country: Belgium, Germany, Estonia, Finland, France, Great Britain, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, Austria, Portugal, Slovakia, Slovenia, Spain. You can find more detailed information in the FAQ Section of our ESCADA E-Store.
(5) According to the statutory definition, a consumer is any natural person who enters into legally binding transactions for purposes that, for the most part, cannot be attributed to such person’s trade or independent professional work.
2. Contract Formation, Delivery Conditions, Customer Account
(1) Our product presentation in the ESCADA E-Store does not constitute a binding offer of sale. As the customer, you initiate the offer to enter into a purchase agreement when you click the “Buy Now” button after completely filling out the order page. Before doing so, you can view or modify your order at any time by clicking the “Shopping Bag” button. Before submitting your order, you can also re-check and change your instructions regarding delivery and payment methods. You will be bound by your order for a period of 7 days; i.e., the contract will become legally binding if we accept your order within that period of time.
(2) After sending the order, you will receive an automated email confirming our receipt of your order (order confirmation), which will not yet, however, constitute our acceptance of the contract. We will communicate our acceptance separately by email as soon as the product leaves our warehouse (shipping confirmation = contract confirmation). The shipping confirmation contains a shipping number with a tracking link through which you can follow the status of your order at any time via your personal customer account (myESCADA).
(3) If the order contains multiple items, then your contract will be formed only with respect to those items that are listed in our shipping confirmation as being deliverable immediately or at a later time.
(4) The foregoing will apply even if, based on the type of payment you selected, you pay (or direct the payment of) the purchase price before the contract is formed. If, in that case, the contract is still not formed for whatever reason, then we will notify you thereof via email (if there is a partial acceptance of the contract, then via shipping confirmation for the deliverable articles) and shall promptly refund the advance payment.
(5) The foregoing provisions do not affect your statutory right to cancel the contract (see Section 6).
(6) The contract will be formed in the language selected among the language options in our ESCADA E-Store. The text of the contract (consisting of the order, STCs and shipping confirmation) will be stored by us in accordance with the data protection rules and will be sent to you via email. You may also view your orders through your personal customer account (myESCADA) and, depending on availability, make use of other functionalities of our service package (such as manage your data, track shipments, wish list, style guide) without any obligation on your part. We have the right at any time to change, expand, reduce or discontinue functionalities offered in the customer area, as well as to disable certain customer accounts temporarily or permanently, particularly in cases of suspected fraud.
(7) If you wish to set up a personal myESCADA customer account and register as a customer, your personal data and a password selected by you will be retrieved and processed by us in accordance with the statutory provisions (see details in our data protection declaration). Your customer area is only accessible via your confidential password. Declarations made or actions taken after any login using the password supplied under your name can be attributed to you even if you have no knowledge of them. In particular, you will be attributed with declarations made or actions taken if you, intentionally or negligently, give third parties (including family members) access to your password or your customer area. In order to avoid fraud, therefore, you are obliged to keep the password confidential, maintain it in a place that is inaccessible to third parties, and log out of the customer area after every session. In the event you suspect fraud, particularly if you receive confirmation of an order that you did not authorize, please contact us immediately and change your password. In the event of a dispute, our burden of proof will be eased in accordance with the principles of prima facie evidence.
3. Prices, Delivery Options, Incidental Costs
(1) The purchase prices listed in our ESCADA E-Store include the statutory value added tax and all other price components. These prices are shown in amounts to which the incidental costs as set forth below are added, and are shown either in Euros or in the currency specified in the respective ESCADA E-Store.
(2) We deliver only to the delivery addresses that are located within the territory set forth in Section 1 (4) above and pursuant to the following delivery options and flat-rate shipping charges per order. The shipping costs will also be disclosed to you (unless we have temporarily waived these charges) immediately before the placement of your order in the ESCADA E-Store.
We ship exclusively with DHL and UPS. Shipping with DHL*** and UPS Standard is free. UPS Express is available at 20,00 EUR:
|Belgium||-||1-2 days||1 day|
|Germany||1-2 days||1-2 days||1 day|
|Estonia||-||4-5 days||1 day|
|Finland||-||2-3 days||1 day|
|France||-||2-3 days||1 day|
|Great Britain||-||2-3 days||1 day|
|Ireland||-||3-4 days||1 day|
|Italy||-||2-3 days||1 day|
|Latvia||-||3-4 days||1 day|
|Lithuania||-||4-5 days||1 day|
|Luxembourg||-||1-2 days||1 day|
|Malta||-||3-4 days||1 day|
|Monaco||-||2-3 days||1 day|
|Netherlands||-||1-2 days||1 day|
|Austria||1-2 days||1-2 days||1 day|
|Portugal||-||3-4 days||1 day|
|Slovakia||-||2-3 days||1 day|
|Slovenia||-||2-3 days||1 day|
|Spain||-||2-4 days||1 day|
*Approx. working days from shipping confirmation.
**For orders placed before 3 pm Monday to Thursday or before 1 pm on Friday.
***Austria and Germany only.
(3) Based on the payment method you select (see Section 4), there may be additional costs, which could be charged to you by third parties and over which we have no control (e.g., credit card fees for use outside the country). We will be unable to reimburse you for those types of costs.
(1) There are several methods of payment that may be selected, as described more fully in the ESCADA E-Store: immediate payment transfer (except in Great Britain), credit cards (e.g., Visa, MasterCard, American Express), Purchase on Account (Germany and Austria) or electronic payment service (PayPal). In some cases, you may also utilize a coupon to make full or partial payment by entering the relevant coupon code.
When purchasing on the account, the amount invoiced should be transferred to the account of our external partners by the calendar day indicated on the bill (30 calendar days after the billing date). Purchase on Account does not apply to all offers and requires a successful credit check performed by Billpay GmbH https://www.billpay.de/endkunden/. Concluding the credit check of an order, if the customer is approved to purchase on the account, then the payment will be processed in cooperation with Billpay GmbH, to whom we transmit our claim of payment. In this situation, the customer can only make payments, with the effect of reducing debt, to Billpay GmbH. With payment on the account via Billpay, we remain responsible for general customer enquiries (e. g for goods, delivery time, and dispatch), returns, complaints, withdrawal statements and withdrawal submissions or crediting. The General Terms and Conditions https://www.billpay.de/allgemein/datenschutz/ of Billpay GmbH apply.
5. Limitation of ownership; Compensation; Right of retention
(1) For consumers, we reserve the ownership of underlying purchased item until the bill is fully paid. If you are an entrepreneur in the midst of trade or self-employed, a legal individual under public law or public sector fund, we retain the ownership of the purchased item until all outstanding claims from the business transactions with you have been settled. The relevant security rights can be transferred to third parties.
(2) A right of compensation is available for you, if your counterclaims are legally established, recognized or accepted by us. You also have a right of retention only if and when your counterclaim is based on the same contract.
(3) If the customer has any remaining default payments due to us, all existing receivables are due immediately.
6. Delivery and Transfer of Risk
(1) Products will be delivered to the agreed address (for the delivery options and shipping costs, see Section 3 (2)) in accordance with the statutory provisions. We bear the risk of any loss or damage to the products during the transport to you, which will be covered by an appropriate insurance policy.
(2) The delivery periods we specify are calculated from the date of our shipping confirmation. If no delivery period or a different delivery period is specified for a particular item in the ESCADA E-Store, then the delivery period will be determined according to Section 3 (2).
(3) If all the items in an order cannot be delivered simultaneously, then we can make separate deliveries at our own expense within the agreed delivery periods or the delivery periods indicated in the shipping confirmation, if that is reasonable for you.
(4) If we are unable to deliver by the delivery date promised in our order confirmation due to reasons for which we are not responsible (unavailability of the item because of, e.g., a missed delivery by one of our suppliers or the occurrence of a force majeure event), then we shall promptly inform you accordingly and specify the new expected delivery date. If the new delivery date is unacceptable to you or if the products are either unavailable or not available by the new delivery date, then both parties will be entitled to rescind the contract with respect to such products; in such case, we shall promptly refund any consideration that has been paid. The parties' statutory rights will remain unaffected thereby.
(5) If the delivery of the products fails despite multiple attempts and based on reasons for which we are not responsible, then we may rescind the contract. Any payments that you may already have made will be refunded to you promptly. The parties' statutory rights will remain unaffected thereby.
(1) When entering into a distance-selling transaction, consumers have a statutory right to cancel the contract. As required by law, we hereby inform you of that right:
EXPLANATION OF YOUR RIGHT TO CANCEL
Right to Cancel
You have the right to cancel this contract within 30 days without providing any reason. The cancellation period equals 30 days from the day on which you or a third person appointed by you, who is not the carrier, took possession of the last full or partial shipment of your order.
In order to exercise your right to cancel, you must inform (ESCADA Online GmbH, Einsteinring 14-18, 85609 Aschheim/Munich, Email: [email protected], Fax: +49 (0)89 9944-1111, Phone: +49 (0)89 9982-9110) mittels einer eindeutigen Erklärung (z.B. ein mit der Post versandter Brief, Telefax oder E-Mail) of your decision to cancel this contract by an unequivocal statement (e.g., letter sent by mail, fax or email). You may use the attached cancellation form for this purpose, but use of the form is not required. You may also exercise your right to cancel by returning to us within the cancellation period the relevant products together with the return shipping label that was enclosed with your shipment; in such case, you need not provide a separate cancellation statement.
The cancellation deadline will be deemed satisfied if you dispatch your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Consequences of Cancellation
If you cancel this contract, we will promptly reimburse you all payments we received from you, including the costs of delivery (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery option offered by us), in any event no later than 30 days from the day on which we are informed about your decision to cancel this contract. We shall reimburse you using the same means of payment as you used for the initial transaction, unless you and we have expressly agreed otherwise; in any event, you will not incur any charges as a result of such reimbursement.
We can refuse to reimburse you until we have received the returned products or until you have provided proof that you return shipped the products, whichever is the earlier date.
You must return ship or deliver the products to us (ESCADA Online GmbH, Einsteinring 14-18, 85609 Aschheim/Munich) promptly and in no event later than 30 days from the day on which you inform us of your cancellation. The deadline will be deemed to have been met if you dispatch the products before the 30-day period has expired or, as described in our Online Shop, arrange with our customer service department to pick up the products from your premises. We will cover the costs of returning the products if you use the return labels enclosed with the shipment. Otherwise, you will bear the direct costs of returning the products.
You will be liable for any loss of value of the products only if the diminished value is attributable to the handling of the products in such a manner that was unnecessary to determine the quality, features and serviceability of the products.
(2) Exceptions to your Right to Cancel
According to the statutory rules, the right to cancel does not apply, in particular to:
Contracts for the delivery of products, which have not been prefabricated and for the production of which an individual selection or specification by the consumer is required, or to contracts for the delivery of products which are clearly tailored to the personal needs of the consumer (e.g., for customized products); Contracts for the delivery of sealed products that are unsuitable for returns on grounds of health protection or hygiene if their seals have been removed after delivery. In particular, this can preclude the right to cancel a contract for the purchase of perfume. In any event, you can be obliged to make restitution up to the full amount of the purchase price if you already are familiar with the scent or we send you a sample and you nevertheless return the product to us after opening the outer packaging
(3) In accordance with the statutory rules, we inform you about the cancellation form as follows. You do not need to use this form, however:
(Please complete this form and return it to us if you wish to cancel the contract.)
To ESCADA Online GmbH, Einsteinring 14-18, 85609 Aschheim/Munich, Email: [email protected], Fax: +49-(0)89 9944-1111:
- I/we (*) hereby cancel the contract entered into by me/us (*) for the purchase of the following products (*)/ the provision of the following service (*)
- − Ordered on (*)/received on (*)
- − Name of the consumer(s)
- − Address of the consumer(s)
- Signature of the consumer(s) (only for hard-copy communications)
(*) Delete as appropriate
(4) In addition to the statutory provisions, the following applies:
- • You can also exercise your right of cancellation by returning to us within the cancellation period the relevant products using the return shipping label that was enclosed with your shipment; in such case, a separate statement will not be necessary.
- If you exercise your right of cancellation, the return shipment of the relevant products will be free of charge to you, provided that you use the return shipping label enclosed with the delivery. Otherwise, you will bear the direct costs of returning the products.
8. Customer Rights in the Event of Defects
(1) Your rights in the event there are defects in quality or title will be based on the statutory provisions, unless otherwise provided below.
(2) The product descriptions in our ESCADA E-Store and, in some cases, the product details and instructions, which are delivered together with the products, will be deemed agreements on the quality and characteristics (Beschaffenheit) of the products. Please take note of these descriptions, details and instructions before you decide whether to keep the products.
(3) We shall be liable for damages exclusively as provided in Section 8. Your statutory right of cancellation (see Section 6) remains unaffected thereby.
9. Liability for Damages
(1) We shall be liable for damages based on the statutory provisions, unless otherwise provided below.
(2) With respect to any breaches of duty, irrespective of the legal grounds, we will be responsible for intentional acts or omissions and for gross negligence. In cases of simple negligence (einfache Fahrlässigkeit), we will be liable only:
- • for damages attributable to loss of life, bodily injury or impairment of health, and
- • for damages attributable to our breach of a material contractual duty (i.e., a duty the performance of which is necessary for the due and proper implementation of the contract and the adherence to which the other contracting party routinely relies does or may routinely rely upon); in this case, however, our liability shall be limited to compensatory damages for the foreseeable loss expected to occur in a typical case.
(3) The aforementioned limits of liability shall also apply in cases of breaches of duty by persons for whose fault we bear responsibility by law. Your statutory rights under the Product Liability Act remain unaffected in all cases.
10. Choice of Law, Dispute Settlement and Judicial Forum
(1) These STCs and the contractual relationship are governed by the laws of the Federal Republic of Germany to the exclusion of any uniform laws, including the UN Conventions on Contracts for the International Sale of Goods. The statutory rules governing restriction of the choice of law remain unaffected. In particular, the designation of a choice of law may not result in depriving the consumer of the statutory protections to which such consumer would be entitled by the mandatory laws of the country of such consumer’s ordinary residence.
(2) We endeavor to resolve any and all disagreements arising out of contractual relationships with our customers by mutual agreement. However, we have no obligation and generally are not prepared to participate in a dispute settlement proceeding before a consumer arbitration body. We will decide whether to participate in such a proceeding on a case-by-case basis after a dispute arises. We will inform you of our decision in accordance with the statutory provisions, together with contact information for the appropriate consumer arbitration body if we are unable to resolve the dispute directly. Additionally, the European Commission provides an Online Dispute Resolution (ODR) platform, which you can find here: http://ec.europa.eu/consumers/odr/.
(3) The ordinary courts remain open for both parties. The statutory provisions on jurisdiction and venue shall apply.
Last revised: November 17, 2017