General Terms and Conditions of IVI GmbH
(1) For the business relationship between IVI GmbH and the customer of goods via the online sales platform at the Internet address www.ivicollection.com (IVI Collection Online Shop), the following General Terms and Conditions (GTC) shall apply exclusively. (2) Goods within the meaning of these Terms and Conditions are all products and services that can be purchased via online order in the IVI Collection Online Shop. (3) The following general terms and conditions do not apply for orders placed outside the IVI Collection online store.
2 Conclusion of Contract
(1)The presentation of goods in the IVI Collection online store does not constitute a binding offer to conclude a sales contract. (2)To place an order, you must be of legal age in your country. The delivery of goods is only carried out in normal household quantities. (3)With your order – by clicking the button “buy now” – you make a binding offer to purchase. IVI Collection will send you an automatic confirmation of receipt by e-mail, which will document your order once again. This automatic confirmation of receipt solely confirms that your order has been received by the IVI Collection Online Shop and does not constitute acceptance of your offer. (4) Depending on the selected means of payment, IVI GmbH reserves the right to check your details with regard to the means of payment, its validity, your creditworthiness in relation to the order value and, depending on the result of the check, to refuse to accept orders. (5) The contract with IVI GmbH is only concluded when IVI GmbH confirms the shipment of the goods by a separate e-mail. The term of acceptance is not more than 7 calendar days. (6) If a delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, IVI GmbH will refrain from a declaration of acceptance. In this case a contract will not be concluded. We will inform you of this immediately and refund any already received consideration without delay. (7) The contract language and contractual correspondence is German. (8) Your order data will be stored by us within the framework of the statutory provisions. If you have registered in the IVI Collection Online Shop, you can access your order data under “My Account”. (9) If you lose your order documents, please contact us by e-mail firstname.lastname@example.org or call us at 0221 / 96 44 69 20. We will gladly send you a copy of the stored order data.
3 Right of Withdrawal and Cost Bearing Agreement
(1) If you are a customer, you have the following right of revocation when making a purchase in the IVI Collection Online Shop: -Revocation Instructions- Right of Withdrawal (2) You have the right to revoke this contract within fourteen days without giving any reasons. The revocation period is fourteen days from the day, you or a third party named by you, who is not the carrier, took or has taken possession of the last goods. -Revocation Instructions- Withdrawal form Template(1) If you wish to revoke the contract, you can inform us by means of a clear statement (e.g. a letter, fax or e-mail) of your decision to revoke this contract. You can formulate the revocation yourself. – To: IVI GmbH Bismarckstraße 50 50672 Köln Tel 0221 / 96 44 69 20 Fax 0221 / 96 44 69 25 E-Mail email@example.com – I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) – Ordered on (*)/received on (*) – Name of the customer(s) – Address of the customer(s) – Signature of the customer(s) (only in case of communication on paper) – Date In order to comply with the revocation period, it is sufficient to send send the notification about the exercise of the right of revocation before the end of the revocation period. Consequences of revocation If you revoke this Agreement, we shall reimburse you for all payments we have received from you, Including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund. We may refuse to refund the payment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us without delay and in any case within fourteen days from the day you inform us of the revocation of this contract. Send the goods either to us or to H.S.FASHION logistics GmbH, Fuggerstraße 20, 49479 Ibbenbüren – Laggenbeck. The deadline is met if you send the goods before the end of the fourteen-day period. You will only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for the purpose of checking their nature, properties, and functioning. -End of Revocation Instructions- (2) The right of withdrawal does not apply to distance selling contracts (a) for the delivery of goods which are manufactured according to customer specifications or clearly tailored to the personal needs of the customer or which are not suitable for return due to their nature, (b) for the delivery of audio or video recordings or of software if the delivered data carriers have been unsealed by you.
4 Right of Return
(1) For reasons of simplification, IVI GmbH asks you to return goods to the address listed on the return slip and to use the return documents enclosed with each delivery. The acceptance of returned goods does not imply any acknowledgement of a possible notice of defects. A corresponding check will take place in the logistics of the IVI Collection online store. (2) We indicate that in case of deterioration of the goods you are obliged to pay compensation for lost value. This also includes removing the label in the side seams of the garments. You can also avoid any obligation to pay compensation by refraining from doing anything that could reduce the value of the goods and by not using the goods as your property. In all other respects you should only try on or check the goods as you would have been able to do in a retail store. (3) Please note that product packaging, such as protective bags as well as high-quality cardboard boxes, are part of the ordered goods. If this product packaging is not returned with the goods, this can lead to a considerable deterioration of the goods. IVI GmbH therefore reserves the right in such cases to demand the return of the product packaging or to claim compensation for lost value. (4) The voluntary right of return does not apply to contracts for: the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and/or the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer. (5) Until the expiry of the period for the statutory right of revocation, only the statutory conditions apply. A restriction of your right of withdrawal according to § 3 and your legal warranty rights is not connected with the above regulations in paragraphs 1 – 5.
5 Retention of Title
The goods remain the property of IVI GmbH until full payment has been received.
(1) IVI GmbH ships the goods exclusively to delivery addresses in Germany and to the following EU-countries: Austria, Switzerland, Luxembourg, Belgium, Netherlands, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Liechtenstein, Monaco, Norway, Poland, Portugal, Sweden, Spain, Czech Republic, Vatican City, United Kingdom. (2) Unless other delivery periods have been agreed upon (especially when selecting the express function), the delivery time is up to five working days from receipt of the order, unless stated shorter in the order process.
7 Prices/Delivery Costs
(1) The prices at the time of the order apply. (2) All prices indicated in the IVI Collection online store are end user prices and include VAT (19%) and do not include shipping costs. (3) Any service- and shipping costs can be found in the IVI Collection online store. They are also indicated in the order form.
8 Terms of Payment, Means of Payment
(1) You can pay by invoice, credit card or PayPal. The time of payment/debit varies depending on the payment method:
- Payment by credit card: Your credit card will be charged when the order is completed.
- Payment with PayPal: Your PayPal account will be charged when the order is completed.
- Payment with Klarna: You can pay on account, by direct debit, credit card, direct bank transfer or in installments. The choice of payment options is individual and depends on an identity and credit check by Klarna.
(2) Unless otherwise agreed, payment of the purchase price is due immediately upon conclusion of the contract. In the event of default of payment, IVI GmbH is entitled to demand interest on arrears at a rate of 5 percentage points above the basic interest rate per annum announced by the European Central Bank. If IVI GmbH can prove that IVI GmbH has incurred higher damages due to the delay, IVI GmbH shall be entitled to assert such damages.
IVI GmbH is liable for material defects and defects of title in accordance with the statutory provisions applicable to such defects, in particular §§ 434 et seq. GERMAN CIVIL CODE. The limitation period is, according to §438 para. 1 No. 3 BGB, two years and begins with the delivery of the goods. A restriction of your right of revocation according to § 3 is not connected with the above regulations in paragraphs 1 – 4.
10 Dispute Settlement
Online dispute resolution according to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute settlements (OS), which can be found at http://ec.europa.eu/consumers/odr/.
The content and structure of the IVI Collection online store and other websites operated by IVI GmbH are protected by copyright. All texts, images, graphics, sounds, videos, and animation files are subject to copyright, trademark law and other laws for the protection of intellectual property. Some webpages also contain images, graphics, sound, video and animation files that are subject to copyright, trademark law and other laws for the protection of intellectual property of those who have made them available. Copying or other use for other than private purposes or for forwarding, other publication, duplication and distribution, whether in original or modified form and in any medium, or such use on other websites is not permitted without the prior express written consent of IVI GmbH.
12 Data Protection and Credit Assessment
To revoce the use and processing of your data for our own advertising and marketing purposes as well as for our own market research and, if necessary, revoke any consent given for the use of your data.
13 Final Provision
German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Supplier and contractual partner:
IVI GmbH Bismarckstraße 50 50672 Cologne Germany Phone: +49 221 96 44 69 22 e-mail: info(at)ivicollection.com HRB: 86349 Sales tax identification number according to § 27 a sales tax law: DE304359521
Status: July 2019