Terms of Service

General Terms and Conditions for Online-Purchases Closed GmbH

Scope of Application
For all contracts which are concluded via the Closed online-shop, the General Terms and Conditions for Online-Purchases of the Closed GmbH (below named GTC) apply exclusively in the current legal version valid at the point of the completion of the contract. We reserve the right to vary the GTC. We hereby contradict all deviating regulations. Alterations and supplements to the arrangements of this contract must be confirmed by us in writing.

Supplementary oral agreements must be documented on a permanent data medium such as e-mail. Any alterations of the conditions, including this clause or arrangements on deliveries and expiry dates, require as well our written confirmation.
Offers and Conclusion of contracts
Offers on these web-pages are subject to confirmation and not binding, unless a binding warranty is expressed. Orders are only binding for us if we have confirmed them or performed them by delivering the merchandise.

After the customer has placed the order by filling in and confirming the online-form, the contract receives formal approval by our subsequent explicit confirmation or performance of the order.
Trial Purchases
The purchase at the Closed online-shop is proceeded on trial, which means that the customer can return the merchandise without stating any reasons within 14 days. The contract of sale becomes effective on receipt of the merchandise by approval of the customer and at the latest on expiry of the above mentioned period of 14 days for returning the merchandise.
Revocation Clause
a) Right of revocation

The customer can revoke his declaration of contract without stating any reasons within 14 days in written form, thus via mail, fax or e-mail or by returning the merchandise. The revocation period begins on receipt of the merchandise and with the present instruction.

The punctual dispatch of the revocation or the returned merchandise is sufficient for the protection of the right of revocation. The revocation or the merchandise has to be send to:

Closed c/o Lenida GmbH
Am Redder 1
22941 Bargteheide
T +49 (0) 1805 2567 33*
*14 ct./min. for house connections in Germany, different rates apply for calls from cell phones (In Germany max. 42 ct./min.) and international calls

b) Consequences of revocation

In case of a valid revocation, performances and benefits (for example usage benefits) from both parties have to be reimbursed and/or restituted. If the customer is not able to reimburse the merchandise completely or only partly or in a deteriorated state, he is obliged to pay compensation. This does not apply, if the deterioration of the merchandise is cause solely by the examination in the store upon receipt. Furthermore the claim of compensation can be avoided by the customer by not using the merchandise as an owner and refrain from everything that might affect the value.

As long as the delivered merchandise is equivalent to the ordered merchandise and has no defects, the customer has to bear the costs for returning it. Otherwise the customer has to advance the costs for returning the merchandise and will receive a credit note for it afterwards. In any case further claims by the customer of packaging and / or handling expenses are excluded.

Supply reservations
We are not obliged to perform the contract in case there are articles which cannot be delivered due to unavailability. The customer has to be informed immediately and any prepayments have to be reimbursed to the customer.

Closed GmbH reserves the right to deliver an article which is equivalent in price and quality. The article can as well be returned by the customer if not satisfied within the above mentioned period according to sub-paragraph 3; in this case the returning of the merchandise is free of charge.

The delivery of the merchandise is carried out only in usual household quantities.
Prices
Prices are valid as at the point of placing the order. All prices include VAT. We do not grant any cash discounts.

Postal and packaging rates
Enjoy absolutely free shipping within Europe.
No COD charge.
International shipping costs are 20,00 EUR.
Customers are responsible for paying any additional costs including but not limited to customs, duties, and taxes.

Credit Assessment
In order to carry out credit checks concerning orders from Germany or Austria, the B¸rgel Wirtschaftsinformationen GmbH & Co. KG, Postfach 500 166, 22701 Hamburg, will provide us with personal data such as addresses and information about reliability from their database, including data which are generated by mathematic and statistic methods, provided that we can legitimate our interest in it.

Payment
Payment for all orders must be made by credit card or, if so intended, by cash on delivery or against invoice. The customer has to pay the purchase price for the delivered merchandise within 30 days from the date of invoice without deductions.

In case of delay in payment, Closed GmbH has the right to charge the customer interest of delay of 5% of the base rate according to ß 1 of the german Diskont‹berleitung- Gesetz. Claims for further damages caused by delay are reserved.
The customer has the right to refuse performance or the right of retention only for counterclaims which refer to the same contract. Offsettings of counterclaims are ony admissible, if the counterclaim is undisputed or stated as legally binding.

Retention of title
The merchandise remains our property until full payment is done.

Warranty
Legal warranty obligations are valid for all deliveries. The period of limitation is 2 years, starting with the transfer of the merchandise.

Data protection
All customer data worthy of protection are handled according to legal regulations.
All personal data have to be treated confidentially. Data, which are relevant for transaction processes, are saved. During the customer relationship, we might if necessary forward the customerís data to the Schufa in 65203 Wiebaden and other economic information services, in order to check the customerís creditworthiness. Furthermore, ordering data and address data are used for internal marketing activities. For external marketing activities only generally available and publicizeable data (according to ß 28, par. 3. sub-par. 3 Federal Data Protection Act) are forwarded to third parties.
Notice: The customer has at any time the possibility to reject the use, processing and transfer of his data for markting activities or revoke the permission. After having received the customerís revocation, we will stop any use of the customerís data.

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Place of jurisdiction
The place of jurisdiction is Hamburg.

Severability Clause
In case the single regulations of these GTC are unvalid, the validity of other regulations and of the whole contract is not affected. The invalid regulation shall be modified in a way that makes it come closest to the intended objective.

Provider Identification:

CLOSED GmbH
Strassenbahnring 6
20251 Hamburg

Trade Register: Local Court Hamburg, HRB53868
Managing Directors: Gordon Giers, Til Nadler, Hans Redlefsen

General Terms and Conditions for Online-purchases Closed GmbH
(last update: 07/2009)