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Terms

ESCADA.com Standard Terms and Conditions

 

1. Scope of Application, Contracting Parties, Definitions

2. Contract Formation, Order Processing, Customer Account

3. Prices, Shipping, Costs

4. Payment Methods and Retention of Title

5. Delivery and Transfer of Risk

6. Cancellation Rights

7. Customer Rights in the Event of Defects

8. Liability for Damages

9. Choice of Law, Dispute Settlement and Judicial Forum

 

1. Scope of Application, Contracting Parties, Definitions

(1) These Standard Terms and Conditions (STCs) apply to any and all contracts that are concluded between you, as customer, and us, as the operator of the ESCADA E-Store (www.escada.com). 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 and complaints: Telephone: 00800 00 372232, Fax: +49 (0)89 9944-1111, E-Mail: [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 conclude the contract, download the STCs, store them on your computer and/or print them out. We will also separately send you (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 and who can also provide 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 select the country of your billing and delivery address as well as your preferred language by selecting the respective country in our E-Store. There are no additional delivery restrictions. Additional information is available on the “Delivery Information” page 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 either to their trade or to their independent professional work.

 

2. Contract Formation, Order Processing, 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 having entered items in the shopping basket and completely filled out the order page. Prior to you purchase, you can at any time review or modify your order by clicking the Shopping Basket button. Before submitting your order, you can also re-check and change your instructions on regarding delivery and payment terms. You will be bound by your order for a period of 7 days: the contract will become legally binding if we accept your order within that period of time.

(2) After sending the purchase order, you will receive an automated email confirming our receipt of your purchase order (order confirmation), which will not yet, however, constitute acceptance of the contract. We will communicate our acceptance of the contract separately by email as soon as the product leaves our warehouse (shipping confirmation = contract confirmation). The shipping confirmation will contain a shipment number with a tracking link through which you can follow the status of your order at any time through your personal customer account.

(3) If your order contains multiple items, the contract will be created only for those products that are listed in our shipping confirmation. Your statutory rights to cancel remain unaffected in such case as well.

(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 will promptly refund the advance payment.

(5) The contract will be concluded 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 can also view your current purchase orders through your personal customer account (“My Account”) and, depending on availability, make use without obligation of other functionalities of our service package (such as manage your data, preferences, wish list). We have the right at any time to change, expand, reduce or discontinue functionalities offered in the personal customer account as well as to disable certain customer accounts temporarily or permanently, particularly in cases of suspected fraud.

(6) If you wish to set up a personal 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 of us processed (see details in section XII.2 of our Data Protection Statement). Your personal customer account is only accessible via your confidential password. Declarations made or actions taken after login with 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 personal customer account. In order to prevent 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 your personal customer account 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 mitigated by the principle of prima facie evidence.

 

3. Prices, Shipping, Costs

(1) The prices listed in our ESCADA E-Store include the statutory value added tax and all other price components (gross price). Prices do not include the costs of the selected payment method and delivery in Euros and/or the respective designated currency. As a rule, we calculate the price based on the applicable VAT rate in the respective main delivery destination (selectable billing address(es)). After entry of the delivery address, the amount will be recalculated, if applicable, as required by law which, however, will have no effect on the gross price and the amount of your payment obligation.

(2) We only deliver to delivery addresses within the delivery area specified in section 1, paragraph (4). For information on shipping methods available in the various countries of delivery, including delivery times and shipping costs, please refer to on the Delivery Information page of our E-store. Shipping with UPS Standard is free of charge. All actual costs and the VAT included in the price will be displayed in the ESCADA E-Store immediately before placing your order.

 

4. Payment Methods and Retention of Title

(1) For payment of the purchase price, we generally offer the following payment methods throughout the delivery area: credit card (e.g. Visa, MasterCard, American Express), PayPal and SEPA direct debit. Depending on your domicile (residence/billing address), additional payment methods such as Klarna, instant transfer and/or Carte Bancaire may be used. In some cases, you may also utilize a coupon to make full or partial payment by entering the relevant coupon code.

(2) Most payment methods require that the customer be registered with the respective payment services provider in accordance with its conditions so that, for example, an identity and/or credit check may be required. If the selected payment method is not available in a particular case, you will be redirected to the order process so that you can make another selection. We reserve the right to charge levy costs for individual payment methods as permitted by law. In general, your respective payment account will be debited upon submission of the order. For payments by credit card payment or direct debit, your account will be charged only upon shipment of the goods. More information is available on the Payment Methods page of our ESCADA E-store as well as our Data Protection Statement (section XII.3).

(3) To the extent that we offer purchase on account as a payment option in cooperation with Klarna AB (publ), Sveavägen 46, S-111 34 Stockholm, the payment period will be 14 days from dispatch of the goods or receipt of the corresponding invoice. Payment is made directly to Klarna; we remain responsible for all other matters (customer inquiries, cancellation, complaints, etc.). Please note that in the event of late payment, Klarna may be entitled to impose late fees even if you return the goods to us within the 30-day period. We therefore recommend that when making a purchase on account, you return goods within the payment period or request a  Payment Extension from Klarna.

(4) We reserve title to the delivered products until the invoiced amount of a shipment has been paid in full (final and unconditional credit to our account).

 

5. Delivery and Transfer of Risk

(1) Products will be delivered to the agreed address as provided by law. We bear the risk of any loss or damage to the products during shipping to you, which are covered by an appropriate insurance policy.

(2) The delivery periods we indicate are calculated from the date of our shipping confirmation. If no delivery period or a different delivery period is specified for a particular item on the Delivery Information page of our ESCADA E-Store.

(3) If we are unable to deliver by the delivery date stated 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), we will 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 either party will be entitled to cancel 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.

(4) If the delivery of the products fails despite multiple attempts and based on reasons for which we are not responsible, then we may cancel the contract. Any payments that you may already have made will be refunded to you promptly. The parties' statutory rights will remain unaffected.

 

6. Cancellation Rights

(1) When entering into a distance-selling transaction, consumers have a statutory right of cancellation, about which we are required by law to inform you and do so as follows: Exceptions to the right of cancellation are governed by paragraph (2). Paragraph (3) contains a sample cancellation form. At ESCADA, the statutory cancellation period of 14 days is extended to 30 days. Other differences or clarifications favorable to you regarding your legal rights are contained in paragraph (4).


CANCELLATION POLICY

Cancellation
You have the right to cancel this contract within thirty days without providing any reason. The cancellation period equals thirty days from the date on which you, or a third person designated by you who is not the carrier, took possession of the last full or partial shipment of your order.

To exercise your right of cancellation, you must inform us (ESCADA Online GmbH, Einsteinring 14-18, 85609 Aschheim, E-Mail: [email protected], Fax: +49 (0)89 9944-1111, Telephone: 00800 00 372232) of your decision to cancel this contract by an unequivocal statement (e.g., by mailed letter, fax or email). You may use the sample cancellation form for this purpose, but use of the form is not required. 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. Additional ways to cancel can be found in paragraph 4.

Consequences of Cancellation

If you cancel this contract, we will promptly reimburse you for 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 thirty days from the date on which we are informed about your decision to cancel this contract. We will 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 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) promptly and in no event later than thirty days from the day on which you inform us of your cancellation. The deadline will be considered to have been met if you send the products before thirty days have elapsed.

You will bear the direct cost of returning the products, but not if you use the return label enclosed with the delivery.

You will be responsible for any loss of value of the products only if the diminished value is attributable to your handling of the products in such a manner that was unnecessary to determine the quality, features and serviceability of the products.

(2) Exclusion of the Right of Cancellation

The right to cancel can be excluded in certain cases. By law, the right to cancel does not apply, in particular, to:

  • Contracts for the delivery of products that 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. Specifically, 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 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) As required by law, we are informing you on the cancellation form as follows. However, you are not required to use this form:

Cancellation Form

(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, E-Mail: [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 customer(s)

-               Address of customer(s)

-               Signature of customer(s) (only for hard-copy communications)

-               Date

(*) Strike through as appropriate

(4) In addition to the statutory provisions, the following applies:

  • In all cases, you can also cancel before delivery.
  • To the extent that the right to cancel is not precluded by law, you can exercise your right to cancel with respect to some of the ordered products and retain the other products you received.
  • Where multiple deliveries are made of products purchased in a single order, the cancellation period begins to run upon the last delivery of the products. If only one product is delivered, the cancellation period begins to run when that product is delivered.
  • You may also exercise your right of cancellation by returning to us within the cancellation period the relevant products together with the return label that was enclosed with your shipment; in such case, a separate statement will not be necessary. If you are returning an item because it is defective or for similar reasons, we request that you make a note of this either on the return label or in another way.
  • If you exercise your right to cancel, then the return shipment of the products will be free of charge to you, provided that you use the return label that was enclosed with the delivery. Otherwise, you will bear the direct costs of returning the products.

 

7. 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 goods, will be deemed agreements on the quality and characteristics (Beschaffenheit) of the goods. Please take note of these descriptions, details and instructions before you decide whether to keep the goods.

(3) We shall be liable for damages exclusively as provided in no. 8. Your statutory right of cancellation (see § 6) remains unaffected thereby.

 

8. 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 - based on whatever legal grounds - we shall 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 resulting from loss of life, bodily injury or impairment of health, and
  • for damages resulting from the 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, liability shall be limited to compensating the foreseeable loss that typically occur.

(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.

 

9. Choice of Law, Dispute Settlement and Judicial Forum

(1) The laws of the Federal Republic of Germany apply to these STCs and the contractual relationship. The statutory rules governing restrictions of the choice of law remain unaffected. In particular, the choice of law may not result in depriving the consumer of the statutory protections to which such consumer would be entitled in the absence of such choice of law 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: July 2019