General terms and conditions of business
General terms and conditions
General terms and conditions of IOS by MAICA GmbH, Garbsen
By ordering via the website https://www.ios-clothing.com you agree to the following general terms and conditions:
§1 SCOPE
The business relationships between IOS by MAICA GmbH, Gutenbergstrasse 20, 30823 Garbsen, hereinafter referred to as “MAICA” and the purchaser of goods via the online sales platform at http://www.ios-clothing.com, hereinafter referred to as “customer”, apply exclusively the following General Terms and Conditions (GTC) in their current version.
Goods within the meaning of these General Terms and Conditions are all products that can be purchased as part of an online order in the MAICA B2C online shop.
The terms and conditions do not apply to purchases made in store.
The current version of the General Terms and Conditions at the time of the order always applies. You have the option of viewing, saving and printing these during the ordering process.
§2 CONCLUSION OF CONTRACT
Orders will only be accepted from people who are over 18. have reached the age of 12 and have full legal capacity. In the case of limited legal capacity, the consent of the legal representative is required.
In order to place an order, you must have registered and logged in on the website http://www.ios-clothing.com. You are obliged to provide a valid email address and assign a password. You are solely responsible for ensuring that no third-party rights are violated. You are responsible for maintaining the confidentiality of your access data.
By submitting the order, you create a binding offer to purchase the products listed in the order. MAICA will send you an automatic confirmation of receipt by email. This only confirms that the order has been received by MAICA and does not constitute acceptance of your offer.
Only when the order is confirmed by MAICA is a binding purchase contract concluded, with the resulting right to delivery and payment of the goods. MAICA reserves the right to refuse orders.
§3 RIGHT OF CANCELLATION
If you are a consumer, you are entitled to the following right of cancellation when purchasing on http://www.ios-clothing.com:
Cancellation instructions
Right of cancellation:
You have the right to cancel this contract within 14 days without giving reasons. The right of withdrawal lasts 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or has.
To exercise your right of withdrawal, you must contact us (IOS by MAICA GmbH, Gutenbergstraße 20, 30823 Garbsen, telephone: 05137 8255 – 0, email: info@ios-clothing.com) by means of a clear statement (e.g.b a letter sent by post, fax or email) inform you of your decision to withdraw from this contract. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation:
If you revoke this contract, we must repay you all payments that we have received from you, excluding shipping costs, immediately and at the latest within fourteen days from the day, on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.
The customer bears the costs of returning the goods. You are only liable for any loss in value if this loss in value is due to the handling of the goods other than what is necessary to establish the nature, characteristics and functionality of the goods.
End of the cancellation policy
§4 PAYMENT
MAICA offers various payment options subject to change. The offer of the respective payment methods depends on the type of delivery service.
PayPal: When paying via “PayPal”, the “PayPal Terms of Use” of PayPal (Europe) S apply.a r.l & Cie, S.C1 The applicable terms of use that the customer as a PayPal user adheres to in relation to PayPal (Europe) S.a r.l & Cie, S.C1 must agree can be viewed under www.paypal.com.
Credit card: The amount will be reserved immediately on the credit card; a debit will only take place when the goods are dispatched. Accepted card is Visa.
Immediate transfer: The technical processing takes place via Klarna Bank AB and is carried out in accordance with their terms and conditions.
§5 DELIVERY AND DELIVERY TIMES.
MAICA ships the goods exclusively to delivery addresses in Germany.
The delivery costs depend on the type of delivery service selected by the customer and the value of the goods (incl. any discounts). The delivery time depends on the delivery method:
Standard parcel shipping: No free shipping delivery and no free shipping return for every order within Germany. The delivery time depends on the current order situation from Deutsche Handelslogistik (DPD), but usually 1-2 working days. Delivery is only within the Federal Republic of Germany.
The shipment must be checked by the customer upon receipt for completeness and integrity. If the package is damaged, a complaint should be made to the delivery person immediately.
MAICA strives to deliver the order as quickly as possible. However, MAICA has no influence on other parcel service providers involved, which is why the customer can only be guaranteed that the goods will be delivered to the parcel service provider on time.
§6 RETENTION OF TITLE
The goods remain the property of MAICA until full payment.
§7 CLAIMS FOR DEFECTS, WARRANTY
The statutory provisions apply to the warranty.
§8 SALES TAX AND CURRENCY
All prices include the statutory sales tax. The currency applicable on http://www.ios-clothing.com is EURO.
§9 DATA PROTECTION
MAICA adheres to all legal data protection regulations. These can be viewed, printed and saved separately under data protection.
§10 COPYRIGHT
All content published on http://www.ios-clothing.com is the property of MAICA. Commercial and non-commercial use may only take place with the written consent of MAICA. MAICA may take legal action to injunctive relief and claim damages against any violation.
Trademarks and names are the property of the respective brand and may only be used in accordance with the copyright regulations of the same.
§11 APPLICABLE LAW, JURISDICTION, CONTRACT LANGUAGE
The law of the Federal Republic of Germany applies, the application of the UN Convention on Contracts for the International Sale of Goods is excluded.
If the customer is a merchant, a legal entity under public law or a public special fund, the place of jurisdiction is Hanover. However, MAICA reserves the right to sue the customer at its place of jurisdiction.
The General Terms and Conditions (GTC) are only available in German.
§12 ONLINE DISPUTE RESOLUTION IN ACCORDANCE WITH ART.14 ABS.1 ODR-VO
The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) ready, which you can use under ec.Europe.find eu/consumers/odr/.
Note in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG)
We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and cannot offer participation in such a procedure.
§13 SEVERABILITY CLAUSE
If one or more provisions of the General Terms and Conditions are inadmissible or declared inadmissible by a court or regulatory authority, the other points remain valid. In this case, the legal regulation comes into force. The same applies if the general terms and conditions contain an unforeseen gap.
§14 CONTACT FOR CUSTOMER INQUIRIES
Email: info@ios-clothing.com
Telephone number: 05137 8255 – 0
Monday – Friday: 08: 00 – 16:30