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General Terms and Conditions

GTC

General Terms and Conditions of IOS by MAICA GmbH, Garbsen

By placing orders via the website https://www.ios-clothing.com, you agree to the following General Terms and Conditions:

§1 SCOPE

The business relationship 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 the "Customer", the following General Terms and Conditions (GTC) apply exclusively in their current version.
Goods within the meaning of these GTC are all products that can be purchased as part of an online order in the MAICA B2C online store.
The GTC do not apply to purchases made in a retail store.
The current version of the GTC 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 are only accepted from persons who have reached the age of 18 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 be registered and logged in on the website http://www.ios-clothing.com. You are obliged to provide a valid e-mail address and a password. You are solely responsible for ensuring that no third-party rights are infringed. You are responsible for maintaining the confidentiality of your access data.
By submitting the order, you are making a binding offer to purchase the products listed in the order. MAICA will send you an automatic confirmation of receipt by e-mail. This merely confirms that the order has been received by MAICA and does not constitute acceptance of your offer.
A binding purchase contract is only concluded when MAICA confirms the order, with the resulting entitlement to delivery and payment of the goods. MAICA reserves the right to refuse orders.
§3 RIGHT OF WITHDRAWAL

If you are a consumer, you have the following right of withdrawal for a purchase on http://www.ios-clothing.com:

Cancellation policy

Right of withdrawal:

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 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.

To exercise your right of withdrawal, you must inform us (IOS by MAICA GmbH, Gutenbergstraße 20, 30823 Garbsen, Germany, e-mail: info@ios-clothing.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal:

If you withdraw from this contract, we will reimburse to you all payments received from you, excluding the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, 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 any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. 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 inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

The customer shall bear the costs of returning the goods. You only have to pay for any loss in value if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the cancellation policy

§4 PAYMENT

MAICA offers various payment options, subject to availability. The offer of the respective payment methods depends on the type of delivery service.
PayPal: When paying by "PayPal", the "PayPal Terms of Use" of PayPal (Europe) S.à r.l. & Cie, S.C.1 apply. The applicable terms of use, which the customer must agree to as a user of PayPal in relation to PayPal (Europe) S.à r.l. & Cie, S.C.1, can be viewed at www.paypal.com.
Credit card: The amount is immediately reserved on the credit card, a debit only takes place when the goods are shipped. The accepted card is Visa.
Instant bank transfer: The technical processing is carried out by Klarna Bank AB and is carried out in accordance with their terms and conditions.
§5 DELIVERY AND DELIVERY TIMES.

The goods are shipped by MAICA 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 (including any discounts). The delivery time depends on the type of delivery:
Standard parcel delivery: No free shipping and no free return shipping for every order within Germany. The delivery time depends on the current order situation of Deutsche Handelslogistik (DPD), but usually 1-2 working days. Delivery is only made within the Federal Republic of Germany.
The shipment must be checked by the customer upon receipt for completeness and integrity. If the parcel is damaged, this should be reported immediately to the deliverer.
MAICA endeavors 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 the timely delivery of the goods to the parcel service provider.
§6 RETENTION OF TITLE

The goods remain the property of MAICA until full payment has been made.

§7 CLAIMS FOR DEFECTS, WARRANTY

The statutory provisions apply to the warranty.

§8 SALES TAX AND CURRENCY

All prices include the respective statutory sales tax. The currency applicable on http://www.ios-clothing.com is EURO.

§9 DATA PROTECTION

MAICA complies with all statutory 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. Against any infringement, MAICA may take legal action to cease and desist and claim damages.

Trademarks and brand names are the property of the respective brand and may only be used in accordance with the copyright provisions of the same.

§11 APPLICABLE LAW, JURISDICTION, CONTRACTUAL 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 special fund under public law, the place of jurisdiction is agreed to be 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 PURSUANT TO ART.14 PARA.1 ODR-VO

The European Commission provides a platform for out-of-court online dispute resolution (so-called ODR platform), which you can find at ec.europa.eu/consumers/odr/.

Notice pursuant to § 36 Consumer Dispute Resolution Act (VSBG)

We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board and cannot offer to participate in such a procedure.

§13 SALVATORY CLAUSE

Should one or more provisions of the GTC be invalid or be declared invalid by a court or regulatory authority, the other points shall remain valid. In this case, the statutory regulation shall come into force. The same applies if there is an unforeseen loophole in the GTC.

§14 CONTACT FOR CUSTOMER ENQUIRIES

E-mail: info@ios-clothing.com

Monday - Friday: 08:00 - 16:30