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Terms and conditions

General Terms and Conditions of the STRENESSE AG Online Store

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STRENESSE Terms and Conditions
 


1. Miscellaneous – Scope & Parties

1.1.  The following General Terms and Conditions – in the version applicable at the time an order is placed - govern the business relationship between STRENESSE AG, Eichendorffplatz 3, D-86720 Nördlingen (“Strenesse”) and the customer (“Customer”) and apply to all transactions at the STRENESSE AG Online Store (“Online Store”) at www.strenesse.com.

1.2.  Terms issued by the Customer, which oppose or deviate from these General Terms and Conditions shall not be recognized unless Strenesse has explicitly acknowledged them in writing.

1.3.  The Online Store is exclusively aimed at Costumers of legal age whose habitual place of residence, shipping as well as billing address are in Germany, Austria, Italy or in the Benelux countries, and at consumers within the meaning of legal regulations (§ 13 BGB). According to the statutory definition, a consumer is any natural person who concludes a legal transaction with an objective, which can be attributed neither to his or her commercial nor self-employed activity.

2. Product Presentation, Ordering Process, Conclusion of Contract

2.1.  Product Presentation

2.1.1.    The presentation of all products within the Online Store constitutes only an invitation to the Customer to make its own, but not legally binding offer to enter into a purchase agreement.

2.1.2.    Strenesse points out that the actual colour of products may differ from the presentation at the Online Store.

2.1.3.    Unless explicitly otherwise stated in the article description, all articles will be delivered without any displayed decoration or other items.

2.2.  Ordering Process

2.2.1.    The Customer may choose from the product range of the Online Store, add the selected products to its shopping bag, and go through the ordering process.

2.2.2.    Before finally submitting the order, the Customer will have the possibility to check and correct - if necessary - the personal information and product selection on the order overview page.

2.2.3.    By clicking the "Submit Your Order" button, the Customer makes a legally binding offer to purchase the goods in the shopping bag. After the order is placed, an acknowledgment of receipt of the order will be sent to the Customer’s e-mail address; however this automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by Strenesse. It only documents that Strenesse has received the Customer’s order.

2.2.4.    Strenesse is entitled but not obliged to accept the Customer’s offer. Only when Strenesse accepts the Customer’s order, a legally binding contract of purchase is concluded. Strenesse declares the acceptance of the Customer’s offer by e-mailing a shipping confirmation (“confirmation of contract”).

2.2.5.    The contract of purchase is only concluded in respect of the items explicitly mentioned in the shipping confirmation. This may also relate to items that are displayed at the Online Store, but are not available or out of stock on receipt of your order.

2.3.  Conclusion of Contract

2.3.1.    The contract of purchase is based on German law. A copy of the wording of the purchase contract will be saved in the Strenesse database while respecting data protection regulations (Data Protection Policy). The Customer can view the current order as well as the order history in the personal customer account under "Your Orders".

2.3.2.    Strenesse reserves the right not to accept orders placed at the Online Store. The acceptance of an order is at the sole discretion of Strenesse. If an order placed at the Online Store is not accepted, Strenesse will inform the Customer immediately.

3. Prices, Terms of Payment, Retention of Title

3.1.  All prices as shown at the Online Store are stated in Euros, include the current respective legal VAT, but exclude applicable shipping costs or costs for e.g. gift packaging.

3.2.  Strenesse accepts the payment methods as displayed during the order process, such as payment by credit card, payment by PayPal or payment on invoice. The finally offered payment method depends inter alia on the result of conducted credit checks (Data Protection Policy).

3.3.  In case of payment by credit card, Strenesse accepts MasterCard, Visa and American Express.

3.4.  A payment on invoice is currently only possible for orders up to a maximum purchase value of EUR 599. The order value is due within 14 days upon receipt of the items. If the Customer has already returned specific items listed on the invoice, the price of the returned articles may be deducted from the total invoice amount.

3.5.  For purchases by credit card, the amount will be charged from your credit card upon shipment of the items.  

3.6.  During the ordering process, Strenesse may – given proof of legitimate interest - carry out an automated run credit check and/or validation of billing address upon request by one of the institutions listed below. Depending on the result of this automated credit check and/or billing address validation, Strenesse reserves the right to exclude certain methods of payment in an individual case. Thus, the payment method finally offered by Strenesse may vary from the payment method initially selected by the Customer. In case of an indicated credit risk, Strenesse is entitled to withdraw in full or in part from all existing contracts for which the Customer has not yet paid the order value irrespective of these amounts having fallen due for payment or of receipt of reminders.

 

These institutions carry out the credit check:

creditPass GmbH
Mehlbeerenstraße 4
D-82024 Taufkirchen
www.creditpass.de


Bürgel Wirtschaftsinformationen GmbH & Co. KG
Gasstraße 18
D-22761 Hamburg
www.buergel.de


arvato infoscore GmbH
Rheinstraße 99
D- 76532 Baden-Baden
www.arvato-infoscore.de


Creditreform Boniversum GmbH
Hellersbergstraße 11
D- 41460 Neuss 
www.boniversum.de


The billing address validation is carried out by:

Deutsche Post AG
Zentral
Zusatz- und Spezialleistungen Brief
D- 53250 Bonn
www.deutschepost.de

 

3.7.  If the Customer falls into arrears - that is the Customer fails to meet the payment deadline within 14 days - Strenesse is entitled to demand reminder fees of EUR 5.00 for the 2nd dunning level. Additionally, the Customer is required to reimburse all costs caused by actions necessary to be taken to collect the open claims including legal costs, statutory default interest, expenses, costs occurred for debt collection (e.g. costs for licensed debt collectors and/or commissioned lawyers) and processing costs.

3.8.  Until the Customer has paid the full amount of the purchase price, the goods remain the property of Strenesse.

4. Order Handling

Your order will be processed by our e-fulfilment partner:

Docdata Fashion Services GmbH
Ludwigstraße 45
D- 85399 Hallbergmoos

5. Shipping

5.1.  All details regarding availability, shipping and delivering products are only estimations and approximate reference guidelines, but constitute neither binding nor guaranteed shipping and delivery date information. If Strenesse finds during the order fulfilment process that the ordered products are no longer available, the Customer will be informed by e-mail. No contract of purchase is concluded for these unavailable products.

5.2.  Unless otherwise agreed, delivery is made to the shipping address as specified by the Customer and by means of selected shipping method.

5.3.  The shipping (standard or express) is carried out by our logistic partner:

Deutsche Post AG
Charles-de-Gaulle-Straße 20
D- 53113 Bonn

5.4.  Standard shipping: orders within Germany are delivered for a flat shipping charge of EUR 4.90. Unless otherwise indicated, the delivery time within Germany is about 2 to 3 working days upon receipt of your confirmation of contract. For Austria, Italy and the Benelux countries, the flat shipping charge is EUR 8.90; the expected delivery time is 3 to 4 working days.

5.5.  Express shipping: Your order will be delivered within 24 hours if you place the order until 12 o’clock at noon on working days from Monday to Thursday. Express delivery is currently not possible on Saturdays. Express shipping is only possible within Germany at a flat shipping charge of EUR 12.50.

5.6.  The delivery period extends upon the occurrence of strikes and lockouts as well as of unforeseeable obstacles beyond the control of Strenesse including operational downtimes, delays in the supply of essential materials, as far as such obstacles demonstrably have a considerable impact on the delivery of goods. This shall also apply to such occurrences on the part of our sub-contractors. The delivery period shall be extended by the duration of such occurrences and obstacles.

6. Sales Promotions & Price Reductions

6.1.  Promotional vouchers and promotional voucher codes are vouchers that Strenesse issues for promotional purposes and that cannot be purchased. Furthermore, a promotional voucher can have a predetermined validity period and/or only applies upon a defined minimum order value (net of returns).

6.2.  For these promotional voucher codes, terms and conditions apply as stated on the voucher, in the e-mail and/or at the corresponding websites.  

6.3.  The order value net of returns may not be lower than the minimum order value as defined for the promotional voucher code. In case, the order value net of returns is lower than the minimum order value, the difference to the minimum order value will be offset against the amount of returned goods.

6.4.  Different promotional vouchers cannot be combined.

6.5.  Unless otherwise stated, a voucher can be redeemed only once per person.

6.6.  When registering for the Online Store Newsletter, the Customer will receive a one-time online voucher worth EUR 30, which can be redeemed on orders of a minimum order value of EUR 200 (net of returns) only at the Online Store. The voucher is applicable to all products except on already discounted items within 60 days upon receipt.

6.7.  Unless otherwise stated, price reductions – e.g. sale campaigns or reductions of specific product groups – are offered within a specified period of time. Items that had been purchased before such a period of time cannot be price-reduced afterwards.

7. Right of Return

7.1.  All goods purchased at the Online Store can be returned free of charge within 14 days in Germany and without specifying a reason by sending them to the following address:


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Amshamer Straße 2
D- 84385 Egglham

7.2.  Strenesse bears the costs of the return delivery of goods within Germany if the Customer uses the pre-printed return sticker included with the delivery. If you do not have this return sticker, please contact our customer service.

7.3.  By returning the relevant articles to Strenesse, you can also exercise your right of withdrawal within the defined time limit for withdrawal. No separate declaration is additionally necessary to exercise the right of withdrawal.

7.4.  Please note that Strenesse only accepts returned goods in their original condition including all original labels attached. Goods must be free from signs of use. All goods that bear clear signs of use (make-up or lipstick stains, odour etc.) and are no longer saleable will not be accepted. Strenesse reserves the right to demand full compensation.

The same terms and conditions apply to price-reduced articles.

7.5.  The Online Store only accepts returned goods, which were initially ordered at the Strenesse Online Store.

Returned goods initially purchased in Strenesse stores or at wholesale partners cannot be accepted.

8. Faulty Goods

8.1.  If an item you have purchased at the Online Store is faulty, you do have statutory liabilities and rights within the statutory warranty period. This also applies to price-reduced articles.

Please return faulty items alongside a copy of the invoice with a short explanation of the fault in a separate package to the following address:


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Amshamer Straße 2
D- 84385 Egglham

If you have any questions, please feel free to contact our customer service .

8.2.  Thank you for your understanding that Strenesse can only accept the following complaint reasons:

  • knitting/ weaving flaws

  • defective clasps as zippers (without visible external influences)

  • seam flaws

  • holes and opened seams (not older than 12 months*)

  • discolouration by prints, printed stripes, patches etc.


The following complaint reasons cannot be accepted:

  • clothing shrunk by washing*

  • clothing discoloured (by other products)

  • stains

*This does not include clothing that is affected by production faults, which Strenesse will inform you about.

9. Instructions on Withdrawal

9.1.  The Customer has the right to withdraw from the contract within 14 days without stating any reasons. The time limit for withdrawal starts upon the day the Customer or a third person named by you acquires physical possession of the items.

9.2.  To exercise the right of withdrawal, the Customer has to inform Strenesse by an unmistakable statement e.g. via sending a letter to


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Ludwigstraße 45B
D- 85399 Hallbergmoos

or via e-mail to service@strenesse.com.

For this purpose, the below sample withdrawal form may be used, but it is not obligatory. To exercise your right of withdrawal within the withdrawal period, it is sufficient to send off this notice before that period has expired.

 

9.3 Sample Withdrawal Form

If you want to exercise your right of withdrawal, you can adapt the below sample withdrawal form accordingly and send it to:


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Ludwigstraße 45B
D- 85399 Hallbergmoos

or e-mail it to: service@strenesse.com

 

9.4 Effects of Withdrawal

In case of withdrawal from the contract, Strenesse reimburses all payments received from the Customer, including the costs of delivery (with the exception of the supplementary costs arising from your chosen shipping method other than the standard method of shipping), within 14 days. This period begins upon receipt of the Customer’s notice of withdrawal at Strenesse. For the repayment, the same method of payment is used which the Customer had selected for the initial transaction.

9.4.1.    Strenesse may withhold reimbursement until we have received the returned goods. The Customer has to return the relevant items without delay and in any case not later than 14 days from the day on which you inform Strenesse about your withdrawal from this contract.

9.4.2.    Strenesse will reimburse to the Customer the costs for returning the goods within Germany, as long as the Customer uses the pre-printed return sticker included in the order. Otherwise, the Customer bears the costs of sending back the items. The Customer is liable for any diminished value of the returned items if they were handled in a manner other than necessary to establish the characteristics and functionality of the items.

10. Warranties

10.1. If the packaging or the delivered items do show any identifiable defects, the Customer is obliged to immediately submit a claim to the responsible deliverer without prejudice to the Customer’s warranty rights, to refuse acceptance of the goods as well as to contact customer service by

E-mail: service@strenesse.com

phone: +49 (0)9081-807 404* (Mon-Fri: 8:00 – 18:00)

or via mail to


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Ludwigstraße 45B
D- 85399 Hallbergmoos

in order for Strenesse to be able to assert its rights towards the delivery company.

10.2. The risk passes to the Customer with acceptance of the object of delivery.

10.3. The guarantee for defects in the articles sold is based on statutory provisions. This applies regardless of the right of withdrawal in section 9.

11. Liability

11.1. Strenesse is only liable for purpose and high negligence; in cases of minor negligence Strenesse is only liable for damages resulting from injury to life, physical injury, harm to human health or from the breach of an essential contractual obligation.

11.2. An essential contractual obligation is an obligation whose fulfilment is a prerequisite for enabling the proper execution of the contract in the first place, and on which the contractual partner regularly relies and may rely on. If this is violated, the liability of Strenesse is limited to the compensation for the foreseeable, typically occurring damage.

11.3. The limitation of liability arising from the above stated is not applicable if Strenesse maliciously failed to disclose a defect or has assumed a guarantee for the condition of the goods. The same applies to claims from the Product Liability Law.

12. Disclaimer of Liability for External Links

12.1. Strenesse expressly declares that it has no influence on the composition and content of externally linked websites. Strenesse will not be liable for content and information provided, and cannot guarantee for the content to be correct, up to date or complete. Solely the respective supplier or operator of the websites is responsible for the contents of these websites. 

12.2. Constant checking on the contents of the externally linked pages is not considered reasonable without specific indications of illegal infringement. Strenesse will immediately remove such contents upon becoming aware of any infringements.

13. Data Protection

Strenesse attributes high importance to the application of a legitimate data processing aiming at the protection of the Customer’s personal information (Data Protection Policy).

14. Applicable Law and Jurisdiction

14.1. In case a provision stated in the present General Terms and Conditions should be or become invalid, the validity of the remaining clauses will be left unaffected thereby. For the invalid provision or regulatory gap of the present General Terms and Conditions, relevant legal provisions do apply.

14.2. All contracts are subject to German law under exclusion of the UN sales law, even if the Customer’s habitual place of residence is outside of Germany.

14.3. The contract of purchase will be concluded in German language, even if the General Terms and Conditions are available in different languages.

14.4. For jurisdiction, relevant statutory provisions do apply.

15. Customer Service

Strenesse attaches high importance to your satisfaction. Please contact our customer service for all aspects of the Online Store or questions about these General Terms and Conditions:


Strenesse AG Online Store
c/o Docdata Fashion Services GmbH
Ludwigstraße 45B
D- 85399 Hallbergmoos

E-mail: service@strenesse.com

Phone: +49 (0)9081- 807 404* (Mon-Fri: 8.00 – 18.00)

Strenesse will process your request as quickly as possible.

16. Website Owner

The website on the domain www.strenesse.com is owned and operated by

Strenesse AG
Eichendorffplatz 3
D- 86720 Nördlingen

Phone: +49 (0)9081- 807 0*
E-mail: info@strenesse.com


Registered offices: Nördlingen
Registration court: Augsburg, HRB 2034
VAT number: DE 812863343
Board of Management: Gerhard Geuder (COO/CFO), Michael Pluta (CRO)
Chairman of the Supervisory Board: Gerd Strehle

17. Modifications

Strenesse reserves the right to modify these General Terms and Conditions from time to time.

 


 Date: May 2015


*Call to Deutsche Telekom landline (Germany), prices from mobile or landline providers may vary.