TERMS & CONDITIONS

 

 

GENERAL TERMS AND CONDITIONS OF BUSINESS

 

 

§ 1 General
§ 2 Contracts
§ 3 Cancellation policy advisory
§ 4 Voluntary returns right
§ 5 Prices; product presentation; availability; discount code
§ 6 Shipping & dispatch
§ 7 Payment; default in payment; setoff; right of retention
§ 8 Retention of title
§ 9 Inquiries; complaints
§ 10 Warranty
§ 11 Liability
§ 12 Governing law; severability

 

 

§ 1 General

 

THE-DRESSCODE, Fasanenstraße 124, 82008 Unterhaching/Deutschland, phone: +49 (89) 99 75 78 41, contact@the-dresscode.com (hereinafter „the-dresscode.com" or „we“), operates an online shop at the internet address www.the-dresscode.com (the "Website"). 

All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed.

We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

 

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under http://ec.europa.eu/odr.

 

 

§ 2 Contracts

 

1. The presentation of products on our Website does not constitute any offer by the-dresscode.com for a purchase contract.

 

2. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us.

You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button "complete purchase".

Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

 

3. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation).

Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

 

4. A purchase contract between you and the-dresscode.com will become effective only after we have accepted the offer by dispatching the goods ordered.

If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

 

5. the-dresscode.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

 

 

§ 3 Cancellation policy advisory

 

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law.

Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.

 

 

CANCELLATION POLICY

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform us, THE-DRESSCODE, Fasanenstraße 124, 82008 Unterhaching/Germany, return@the-dresscode.com, Phone +49 (89) 99 75 78 41, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail or an email).

It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

 

 

CONSEQUENCES

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else.

You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract.

The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

 

 

END OF ADVISORY

 

 

§ 4 Voluntary returns right

 

1. In addition to your legal right of return, the-dresscode.com also offers the following voluntary right of return:

All of the items featured on the-dresscode.com can be returned to the-dresscode.com within 14 days of receipt.

The voluntary right of return only applies to non-faulty items that are in their original condition, have not been worn, altered or washed; with all tags/ security tags attached.

 

2. Return shipments

2.1. All return shipment costs will be at the customers expense.

 

2.2. All return shipments are made solely using the same service as the original delivery (DHL or FedEx). To receive the necessary documents and instructions for returning items you will have to get in touch with us by email to return@the-dresscode.com

 

2.3. Please note that we can only accept returns from the country which the shipment was sent to. If the shipment was sent to Austria, for instance, we can only accept a return from Austria.

 

2.4. In case of a return, we will refund the money onto your account/credit card. Potential losses due to currency fluctuations will not be refunded.

 

2.5. Please send all returns to: THE-DRESSCODE, Fasanenstraße 124, 82008 Unterhaching/Germany.

 

3. If you have questions regarding our returns policy, please contact a customer service representative: email: return@the-dresscode.com / Phone: +49 (89) 99 75 78 41

 

This voluntary right of return does not limit your legal rights nor does it limit your right to the above-mentioned cancellation policy.

 

 

§ 5 Prices; product presentation; availability; discount code

 

1. The prices stated on our Website the-dresscode.com at the time of your order apply.

 

2. The goods offered at the-dresscode.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

 

3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

 

4. Discount Code

4.1 Discount codes have different time periods of validity and are applicable for purchase of any product available on the website, unless otherwise indicated.

To determine the validity period, please refer to the document which contains the discount code.

 

4.2 Exchanges or reimbursements of discount codes, which were part of a marketing promotion or which you may have received on behalf of the-dresscode.com, are non-permissible.

The disbursement of discount codes is not permissible outside of the standard return timeframe stated in our terms and conditions. 4.3 the-dresscode.com cannot be held responsible for any fraudulent or non-authorised uses of discount codes.

 

4.4 the-dresscode.com reserves the right to cancel or block the discount code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the discount code.

You will be informed immediately by the-dresscode.com in the case of cancelling or blocking the discount code.

 

4.5 Return policy for orders purchased using a discount code:

If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the discount code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded.

The discount code loses its validity proportionate to the worth of the returned item.

If you are returning your complete order, the amount paid will be refunded in full, but the discount code can no longer be applied to future purchases.

Please note that discount codes from sales campaigns cannot be replaced or refunded.

 

 

§ 6 Shipping & dispatch

 

1. Your package will be shipped with either DHL Standard, DHL EXPRESS or FedEX, depending on the final destination.

the-dresscode.com is liable for any potential transport risks.

 

2. The goods will be ready for dispatch on or after the day following your order.

Unless agreed otherwise, delivery will be made within 1 to 5 business days to the shipment address specified by customer, depending on the shipment method and place of delivery chosen.

If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

 

3. Please note that DHL, DHL EXPRESS and FedEx will charge all import sales taxes, customs duties and handling charges separately for each country.

    In case of a return, customs duties, import sales taxes and DHL/ DHL EXPRESS/ FedEx handling charges, will not be refunded.

 

 

§ 7 Payment; default in payment; setoff; right of retention

 

1. Accepted methods of payment

 

Please pay for your the-dresscode.com order by:

 

 Giropay    sofortueberweisung    American_Express_Logo_2      MasterCard-Logo     Visa_Logo     wire-transfer-logo

 

 

1.1 Payments by Credit Card

During the checkout step "payment" – please select the option "card".

We accept the following credit cards:

 

VISA, MasterCard, AMERICAN EXPRESS

 

Please enter your card details on our payment site.

the-dresscode.com uses state-of-the-art server security software with SSL encryption which provides the safe and bug-proof transmission of your card details. The order amount will be deposited on your card as a payment reservation until your order has either been sent (then the amount will be booked) or cancelled (then the payment reservation will be cancelled).

 

 

Payments by VISA or MasterCard

The system will recognize whether or not the credit card is registered on the 3-D security programs Verified by Visa or Mastercard SecureCode. These are security systems that have been developed to ensure that the registered card holder and the registered online retailer are involved in the transaction. If you are a member of the 3-D Secure Program, a pop-up window will appear on your screen asking you to enter your password when making a purchase online. This window is linked to your bank and requires you to enter your SecureCode (a password that you have previously selected). Transactions can only be made by entering the correct password. If your credit card is not registered with any of these programs, the payment can be made without further authentication. For more information about the credit card security systems, please see: Verified by Visa or Mastercard SecureCode

 

 

Payments by AMERICAN EXPRESS

The system recognizes whether the shipping address is identical to the address that has been provided to American Express as the billing address (Amex address verification system, abbrev. "AVS"). In case the address is not identical, you will be asked to provide American Express with a different shipping address in a separate email. Your shipment will not be delivered until the authentication was successful.

 

The following applies for all payments by credit card: refunds from returns will always be charged back on to the credit card that the original order was paid for with.

 

 

1.2 Payments by SOFORT Banking 

SOFORT Banking is a direct payment system, which provides a fast and secure method of paying online without having to register. All you need is a bank account and access to online banking. Please choose “SOFORT Banking” during the “payment” step of the order process. You will be forwarded to SOFORT Banking’s secure payment form in which you will need to approve the wire transfer slip which has been filled in automatically using your online banking details. Your completed payment will be confirmed shortly after the encoded transfer has taken place.

Possible transfer fees as well as bank service charges will be charged to the customer.

Refunds from returns will be transferred back onto the bank account which was used to pay the original order.

 

 

1.3. Payments by Wire Transfer

In our checkout – step "payment" – please select "wire transfer" and finalize your order. You will then receive a confirmation that will be sent automatically by email stating our banking details as well as the order number. Upon submitting your order, please transfer the overall amount to our account and state the order number.

Possible transfer costs as well as bank fees will be charged to the customer. Your order will be dispatched upon receipt of payment on our account.

Refunds from returns will be charged back to the bank account which the original order was paid from.

 

 

 

2. Payments using a discount code

2.1 When making a purchase using a discount code, simply enter the discount code in the designated field at checkout. Click on "add code" in the last step of the checkout. If the order amount exceeds the discount code balance, please select the payment method with which you wish to cover the amount remaining.

 

3. Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

 

4. Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

 

 

§ 8 Retention of title

 

The goods delivered remain property of the-dresscode.com until full payment has been made.

 

 

§ 9 Inquiries; complaints

 

For any inquiries about your order or complaints, please contact our Customer Care Team:

 

email: contact@the-dresscode.com

phone: +49 (89) 99 75 78 41

 

 

§ 10 Warranty

 

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 11 below.

 

 

§ 11 Liability

 

1. We accept unlimited liability for damage caused by intent or gross negligence.

Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fullfilment is essential to the due and proper performance of the contract and whose fullfilment customer could reasonably rely upon ("essential obligation"), shall be limited to foreseeable damage characteristic for the contract.

We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

 

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health.

This shall not entail a reversal of the burden of proof to customer’s disadvantage.

 

3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

 

4. Any exclusion or limitation of the liability of the-dresscode.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

 

 

§ 12 Governing law; severability

 

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

 

2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.