General sales and delivery conditions
1. General:
These and all future offers and agreements are exclusively based on these terms and conditions of sale and delivery. The invalidity of one or part of a clause does not affect the other part of the clause(s).
2. Prices, Payment and Taxes:
The agreed prices and terms of payment apply. Unless a fixed price has been expressly agreed, we reserve the right to adjust our prices for future deliveries to the extent of the change that has occurred if there are changes to duties or taxes (e.g. sales tax) after the conclusion of the contract, if the price effects are not compensated for in some other way can become. If the buyer is a consumer, the above provision only applies if the delivery period is more than four months after the conclusion of the contract. The buyer is responsible for using the goods for the intended purpose, which is permissible under tax and customs law, and for ensuring that the tax recipient has the required customs permit in the case of untaxed deliveries. He is liable for tax and customs duties that we have to pay due to improper use of the goods or lack of customs permits.
3. Delivery and Shipping:
We are entitled to make partial deliveries insofar as this is reasonable for the buyer, in particular the partial delivery is usable and the remainder of the delivery is ensured. The determination of dimensions or weight, which is decisive for the price calculation, is carried out by recognized German shipping service providers. The choice of shipping route and shipping method is made by us. We will do our best to take the buyer's wishes into account; Any additional costs shall be borne by the buyer.
4. Delivery disruptions and partial deliveries:
Force majeure, operational disruptions, strikes, lockouts, exceeding the delivery deadlines of sub-suppliers, difficulties in obtaining means of transport and traffic disruptions as well as state measures release us from the obligation to perform for the duration of the disruption and the extent of its impact, provided we are not responsible for these circumstances. In the case of hindrances of a temporary duration, the performance deadlines are extended by the period of the hindrance plus a reasonable start-up period. We are entitled to deliver the missing quantities within a reasonable period of time, insofar as the partial delivery can be used by the buyer and is therefore of interest. If we are not in a position to make partial deliveries for the reasons stated in sentence 1 through no fault of our own, we can withdraw from the contract. We will inform the buyer of this immediately and immediately reimburse any consideration already provided.
5. Set-off and right of retention:
The buyer is only entitled to set-off or retention rights to the extent that his claim has been legally established or is undisputed. If the buyer is a consumer, he can assert a right of retention for claims from the same contractual relationship as the offsettable claim without the additional requirements of sentence 1. The buyer's rights in the event of defective delivery and the objection that the contract has not been fulfilled remain unaffected by the provisions in Section 5 above.
6. Retention of title:
Ownership of the delivered goods is only transferred to the buyer when the purchase price, including sales tax, has been paid in full. If the buyer is an entrepreneur, the following regulations apply in addition: If there is an ongoing business relationship with the buyer, ownership of all goods delivered by us ("reserved goods") remains reserved until all of his claims from the business relationship have been paid. If the goods are resold before the purchase price has been paid in full (including sales tax), the buyer hereby assigns the resulting claim against the purchaser to us as a precaution. The same applies to other claims that take the place of the goods or otherwise arise with regard to the goods, such as B. Insurance claims or claims in tort for loss or destruction. At our request, the buyer is obliged to provide us with individual proof of his claims against third parties from resale and to notify the buyer of the assignment with the request to pay us. We are entitled at any time to notify the purchaser of the assignment and to collect the claims ourselves. If the buyer collects the claim himself, he must transfer the collected amounts to us immediately. The buyer is not authorized to any other assignment. The buyer must inform us immediately in writing of seizures and other access by third parties which affect our items or rights. If the goods subject to retention of title are combined or mixed with an item of the buyer, which is to be regarded as the main item (§ 947 Para. 2 BGB), the buyer transfers proportionate co-ownership of this item to us and will keep the resulting co-ownership of the item for us in trust.
7. Collateral, refusal of performance and subsequent cancellation:
If there are actual indications of a deterioration in the buyer's financial situation after the conclusion of the contract and in the event of default in payment or other serious breaches of duty by the buyer, we can demand advance payments or securities and revoke granted payment terms or a granted deferral. If the buyer does not comply with the request, we can refuse future deliveries subject to further claims. If securities exceed the claims by more than 10%, we will release securities that are not required at the request of the buyer. The following applies to entrepreneurs: If the buyer acts in breach of contract, in particular default in payment, we are entitled to take back the goods subject to retention of title or, if necessary, to demand the assignment of the claims for return against third parties. Taking back or pledging the goods subject to retention of title by us does not constitute a withdrawal from the contract. If, in exceptional cases, we comply with a buyer's wish to cancel the contract as a gesture of goodwill (this expressly does not include statutory rights of revocation, termination or withdrawal), we are entitled to appropriate compensation. This amounts to 15% of the canceled value of the goods, at least 95.00 euros net, if the buyer cannot prove no damage or less damage.
8. Warranty and liability: The following applies to entrepreneurs as buyers:
Delivery items with obvious defects or other defects that would have been recognizable in an immediate, careful inspection are deemed to have been approved by the buyer if we do not receive a written notice of defects within seven working days of delivery. All other defects must be reported by the buyer within seven working days from the point at which the defect became apparent. You are obliged to cooperate in taking a sample. If defective goods are delivered, there is only a right to a replacement delivery. If this is also defective, the buyer can either demand a corresponding reduction in the purchase price or withdraw from the purchase. Claims by the buyer due to material defects become time-barred one year after delivery of the object of purchase to the buyer. The following applies to entrepreneurs and consumers: The buyer is responsible for the specific and proper use, use and storage of the delivered goods. We are not liable in the case of simple negligence unless it is a breach of an obligation whose fulfillment characterizes the contract and on whose compliance the buyer can rely ("essential contractual obligations"). If damage is based on the simply negligent violation of an essential contractual obligation liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded. The limitations of liability do not apply to liability (i) for intent and gross negligence, (ii) under the Product Liability Act, (iii) due to the assumption of a guarantee and/or due to (iv) damage resulting from injury to life, limb or health .
9. Place of jurisdiction and applicable law:
In the event that the buyer is a merchant or a legal entity under public law, the place of jurisdiction is Hamburg (administrative headquarters of the seller) or, at the discretion of the seller, the general place of jurisdiction of the buyer. German law applies to the contract, but to the exclusion of the UN Sales Convention (CISG).
Notes on creditworthiness inquiries: If it is necessary because we are making advance payments and therefore a payment default is possible, we carry out a creditworthiness check both before the start of the contract and at any time during the term, especially in the event of default of payment. To do this, we transmit the buyer's name, contact details and, if applicable, the date of birth, insofar as this does not conflict with the buyer's interests worthy of protection, and we use the information received about the statistical probability of a payment default for a balanced decision on the establishment, implementation or termination of the contractual relationship. We delete the data from a credit report when we no longer need it to help us make decisions.
Note for consumers:
We will be happy to inform you about your 14-day right of withdrawal in accordance with § 312g BGB when concluding the contract in distance sellingDelivery and Returns Policy.
You will also find the corresponding cancellation form there. We do not participate in a dispute settlement procedure before a consumer arbitration board and are not obliged to do so.
Status: October 2020
Delivery & Returns Policy
You have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen 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.
In order to exercise your right of withdrawal, you must
Insider For Ladies
Sven Woytal
Beim Fuhrenkamp 2
27383 Scheessel
Phone: +49 1573 819 4086
by means of a clear statement (e.g. a letter sent by post, fax, e-mail) of your decision to withdraw from this contract. OurYou can find the cancellation form here
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract.
For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You have returned the goods to without undue delay and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract.
Insider For Ladies
Sven Woytal
Beim Fuhrenkamp 2
27383 Scheeßel
to be returned or handed over. The deadline is met if you send off the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
Important note: Non-existence of the right of withdrawal
The right of withdrawal does not apply to distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, or for distance contracts for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
A right of withdrawal for consumers does not exist for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, motor vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract for the provision of a specific date or period, § 312g Abs. 2 Nr. 9 BGB.
These services from the field of leisure activities also include tickets for events, so that there is no right of withdrawal for the tickets offered. With the acceptance of the customer's contract offer, the contract comes into effect, is binding and obliges the customer to accept and pay for the tickets.