General Online Terms and Condition of CLOSED GmbH
The General Online Terms and Conditions of CLOSED GmbH shall apply exclusively to the agreements concluded by CLOSED Online Shop (hereinafter called CLOSED) in the version which was valid at the time of the conclusion of contract. We shall reserve the express right to make modifications to the General Online Terms and Conditions. We shall oppose any regulations in opposition hereto. Any deviations of these regulations shall take effect only subject to our express written confirmation.
The respective current version can be viewed under the key word 'General Online Terms and Conditions'. During the ordering procedure, the Customer will receive continuous options to inspect, print out or store the General Online Terms and Conditions. Upon conclusion of the order, the Customer shall accept the General Online Terms and Conditions.
Verbal collateral agreements must be documented on a continuous data carrier, such as an e-mail. Modifications to the General Online Terms and Conditions, including this clause, as well as agreements on delivery deadlines and dates, are also subject to our written confirmation.
Offers and conclusion of contract
The presentation of products in the online shop do not represent a legally binding offer, but a nonbinding online catalogue. It is CLOSED's fair judgment to determine whether an order will be accepted. If the online order cannot be filled by CLOSED, the Customer will be notified immediately by e-mail. This however requires that the Customer provides a correct e-mail address.
When selecting merchandise and adding it to the shopping cart, the Customer will be given the option to verify the correctness of his/her order. After selecting the mode of payment, the Customer is given the opportunity to verify the details of his/her online purchase and, where appropriate, make the necessary corrections. Within this scope, the Customer is requested to approve the General Online Terms and Conditions. By this procedure, the Customer makes a legally binding offer for concluding the purchase agreement. Subsequently, the Customer will receive an order confirmation by e-mail. By this means CLOSED notifies the Customer that the order was duly transmitted. The purchase agreement however will be concluded only upon sending a further e-mail by means of which the delivery of the merchandise is confirmed. By this delivery confirmation, the contract of purchase is legally completed.
Purchase on trial
If the Customer is a consumer, purchases in the CLOSED online shop can be made on a trial basis, i.e., the supplied merchandise can be returned without reasons within 14 days, using the return stickers sent with the merchandise. The purchase agreement will take effect upon receipt of the merchandise following the Customer's approval, at the latest, however, upon expiration of the aforesaid 14-day return deadline.
Notice of cancellation
a) Right of withdrawal
The Customer may withdraw his/her contractual declaration to conclude a sales contract in text form within two weeks, that is, by letter, fax or e-mail, or by returning the merchandise. The deadline shall start upon receipt of the merchandise and this notice. In order to observe the revocation deadline, it suffices to return the revocation or merchandise in a timely manner. The revocation or return of the merchandise shall be addressed to:
c/o fujloyment AG
b) Legal consequences of revocation
The Customer shall bear the costs for returning the merchandise, if it relates to the ordered merchandise and if the returned item does not exceed the amount of €40 or if the customer, in the event of a higher price of the item at the time of the revocation, neither paid a higher consideration or a contractually agreed-upon partial payment. In other respects, returning the merchandise within Germany shall be free of charge for the Customer. Should the merchandise be unsuitable for packaged delivery, it will be collected from the Customer.
The reimbursement of payments must be effected within 30 days. For the Customer, this deadline starts at the time of sending off his/her declaration of cancellation or the merchandise, and for CLOSED it starts upon its receipt.
Merchandise, which is suitable for packaged delivery, must be returned at CLOSED's risk.
If an item cannot be delivered, we shall not be held liable for the performance of contract. In the case of non-deliverability, the Customer will be notified immediately and any advance payments shall be returned immediately.
Items will be delivered only in normal household quantities.
Prices, payments, delivery
The applicable prices are those listed at the time of ordering. All prices include the statutory rate of VAT; delivery charges will be invoiced separately. Optional discounting does not exist. All additional costs, such as import sales tax or duty shall be borne by the customer.
The delivery charges outside the EU and Switzerland are €4.90. International delivery charges are €19. Delivery charges may depend on the order quantity and delivery destination.
The following payment modes are available:
Credit card: With this mode of payment, at the time of the online purchase the amount will be reserved on the Customer's credit card. The credit cards will be actually debited parallel to preparing the delivery confirmation by e-mail. Any reimbursements claims by the Customer will be credited by CLOSED to the Customer's credit card account.
PayPal: With this mode of payment, after the click confirmation the Customer is forwarded to the PayPal webpage. Upon conclusion of the payment via the independent PayPal account, the Customer is requested to conclude the purchase in the online shop. Subsequently, the Customer will receive an e-mail confirmation from the online shop and from PayPal. Any reimbursement claims on the part of the Customer will be credited to the Customer's PayPal account.
Instant transfer: When selecting the mode of payment 'instant transfer', following confirmation, the Customer will be forwarded to the Internet page of the banking institution. PIN and TAN numbers will be required for effecting payment. Upon payment the Customer will be requested to complete the purchase in the online shop. The Customer will receive an e-mail confirmation from the online shop.
Advance payment: With this mode of payment, the Customer transfers the invoice amount in advance. If the invoice amount has not been received in CLOSED's account within four days upon conclusion of the online transaction, the Customer will receive a payment reminder by e-mail. Should the invoice amount not have been received in CLOSED's account at the latest seven days upon conclusion of the online purchase, CLOSED will cancel the order. The Customer will be notified by e-mail. Any of the Customer's reimbursement claims will be credited by CLOSED to the Customer's bank account.
CLOSED reserves the right to exclude certain modes of payment.
In spite of extreme care, in exceptional cases it may happen that the merchandise in the online shop is priced incorrectly. Further, following a purchase, order confirmations may contain incorrect information. Should this be due to a technical error, CLOSED may be entitled to challenge the contract of purchase due to error.
The merchandise will be delivered to the address provided by the Customer. Costs, which are incurred due to incorrect address information may be passed on to the Customer. CLOSED shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address.
Details regarding delivery deadlines relate to estimated time of delivery. The delivery deadline may be reasonably extended in the case of events, which may render delivery extremely difficult and on which CLOSED has no influence.
CLOSED shall notify the Customer immediately in the case of corresponding delivery problems. In the case of a withdrawal by CLOSED, the Customer will be reimbursed the effected payments immediately. This shall not affect the Customer's additional legal claims. CLOSED is authorized to make partial deliveries. There will be no delivery charges for subsequent deliveries.
The type of delivery will be chosen by CLOSED in its own fair judgment.
If merchandise is delivered with obvious damage to the packaging or content, the Customer shall report the damage immediately irrespective of warranty rights and refuse to accept delivery. The CLOSED online shop must be notified immediately by e-mail.
E-mail address: firstname.lastname@example.org
Reservation of title
The merchandise shall remain CLOSED's property until payment has been made in full.
The statutory warranty rights should apply to all deliveries. The statutory period of limitation for legal warranty claims is two years and starts upon delivery of the merchandise.
Disclaimer for third-party links
If the webpages of CLOSED online shop contain links to other webpages in the Internet, CLOSED expressly declares not to have any influence on their design and contents. This shall apply to all displayed links and all contents of webpages leading to said links. For this reason CLOSED hereby expressly disassociates itself from all contents of orders linked to third-party webpages and does not make these its own.
CLOSED points out that the colouration of the product images presented in the online shop are contingent upon the respective settings of the Customer's monitor and may vary slightly from the colour of the supplied product.
All images and photographs are copyrighted. The use of images and photographs without express permission by CLOSED is prohibited. CLOSED reserves the right to assert all claims in accordance with the Copyright Act.
In the case of data processing, concerns relating to the Customer's data protection will be taken into consideration in accordance with the legal regulations.
In principle, all personal data will be treated confidentially. The data requirements for handling transactions will be stored. For the purpose of examining a Customer's credit worthiness and solvency control during the term of the contractual relations, the address and solvency data may, if appropriate, be delivered to Schufa, 65203 Wiesbaden and other business information services. Furthermore, address and order data can be collected and processed for own marketing purposes.
Notice: The Customer may oppose and/or revoke said use, processing and/or transmission of his/her data for marketing purposes at any time by notifying us. Upon receipt of an opposition and/or the revocation, CLOSED will no longer use and process the data in question for marketing purposes and/or immediately discontinue the further sending of advertising material and/or no longer disseminate the data for marketing purposes.
The jurisdictional venue shall be Hamburg for all disputes from CLOSED's agreements with Customers that are merchants or do not have a general jurisdictional venue in Germany.
Should individual provisions of this General Online Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of this Agreement. The invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.
Parties responsible for the content:
Commercial Register, Hamburg Regional Court, HRB53868
General Managers: Gordon Giers, Til Nadler, Hans Redlefsen
Terms of business