General Online Terms and Conditions
of CLOSED Direct GmbH
1. General provisions and contractual partners
1.1 The CLOSED Online Shop is operated by CLOSED Direct GmbH, Strassenbahnring 6, 20251 Hamburg, Germany, a company entered into the register of companies with Hamburg’s district court under HRB56292, managing directors: Gordon Giers, Til Nadler, Hans Redlefsen.
1.2 All agreements made via the CLOSED Online Shop are governed exclusively by these General Terms and Conditions (hereinafter General Terms and Conditions) of CLOSED Direct GmbH (hereinafter CLOSED), as amended as of the time of execution. A current version hereof may be viewed at any time under the keyword “AGB” [general terms and conditions]. Throughout the ordering process, the customer has the option to view, print and save the General Terms and Conditions. By using the CLOSED Online Shop and/or finalizing the order, the customer accepts the General Terms and Conditions.
1.3 We hereby object to any deviating or supplementary terms on the customer’s side; such terms are neither recognized nor incorporated herein unless we specifically agreed to the customer’s deviating terms in writing.
1.4 The goods available in the CLOSED Online Shop are geared exclusively to consumers who are of age. According to the pertinent legal provisions (§ 13 of the German Civil Code (BGB)), a consumer is any individual entering into a legal transaction for purposes mostly connected to neither their commercial nor independent professional activities. Goods are only sold in quantities common to the trade.
2. Offers and closings
2.1 The languages available for closings are German, English and French.
2.2 The manner in which products in the CLOSED Online Shop are represented does not amount to a legally binding offer; instead, it is merely a non-binding online catalog calling on customers to make an offer for entering into a purchase agreement for the goods so presented. CLOSED notes that the colors of the product images found in the online shop may deviate from the actual colors of goods supplied due to the screen settings on customers’ computers.
2.3 In the CLOSED Online Shop, customers may choose all available goods displayed and add them to the shopping cart in the desired size and number. After customers have added goods to their personal shopping carts, they may review the accuracy of their orders as well as make changes to and remove goods at any time.
2.5 Once customers have submitted an offer to purchase, they receive an order confirmation by email, which is how CLOSED informs them that the order was properly transmitted. However, this does not yet constitute its acceptance of the offer, and no closing is effected thereby. Instead, save for cases of advance payments, a purchase agreement does not come into force until CLOSED follows up the order with another email to the customer, in which it confirms the goods’ shipment, or simply ships the goods. Such shipping confirmation or shipment denotes the effective execution of the purchase agreement. In cases of advance payment, the agreement takes effect upon the customer’s receipt of our invoice by email.
2.6 In the event that the customer’s order encompasses several articles, the purchase agreement comes into force only with respect to the goods specifically included with or listed in the shipping confirmation, to the exclusion of any other products. This may also concern goods that, while formerly listed and available in the CLOSED Online Shop, cannot be shipped at the time of the order.
2.7 Whether an order is accepted is a decision CLOSED makes in its sole discretion. Insofar as CLOSED cannot fill an online order, the customer immediately receives an email message to that effect, provided that the email contact information provided by the customer is correct.
3. Availability, delivery and shipment
3.1 Within Germany, customers have a choice between DHL and UPS when it comes to parcel shipments. Shipments to Switzerland and Norway are handled by DHL, while UPS sees to orders destined for all other European countries. International shipments are delivered by DHL Express. Otherwise, CLOSED chooses the mode of shipment in its equitable discretion.
3.2 Unless otherwise agreed, shipments are made to the delivery address provided by the customer in accordance with the provisions under 5 within one to five business days, depending on the Destination country. If the customer orders several products as part of a single order, and the products are subject to different delivery periods, the goods are bundled in the same shipment unless otherwise agreed. In this case, the shipment is subject to the longest delivery period that applies to any of the products comprising the order.
The delivery period for the shipment commences on the day following the submission of the payment order to the transferring credit institution in cases of advance payments, and for other modes of payment on the day following the closing; the delivery period ends upon the lapse of its last day. If the last day of the period coincides with a Sunday or a general state holiday observed at the place of delivery, the next business day takes the place thereof.
3.3 Costs resulting from a wrong address may be passed on to the customer, and CLOSED bears no liability for possible delays or other disadvantages accruing to the customer on account of wrong addresses.
3.4 CLOSED is entitled to effect partial delivery. The customer will not incur shipping costs for any partial or subsequent delivery.
4. Rates, payments
4.1 The rates provided at the time of the order apply. Any and all rates are inclusive of statutory VAT. Shipping costs are calculated separately.
4.2 The customer bears any and all costs incurred additionally, such as import sales tax or duties. All payments as well as credits are processed and applied in the currency underlying the purchase.
4.3 The CLOSED Online Shop accepts payment by the following means:
- credit cards (VISA, MasterCard)
- advance payment
- bank transfer (instant transfer, iDeal)
4.3.1 Credit cards
Using this type of payment, the amount in question is “reserved” on the customer’s credit card at the time of the online purchase. The credit card is then debited concurrently with the creation of the shipment confirmation by email. CLOSED will credit the customer’s credit-card account with any claim for a refund within 14 days.
Using this type of payment, customers are transferred to the PayPal page after they click to confirm. Once payment has been transacted via their PayPal accounts, they are asked to complete the purchase in the online shop. Customers receive separate confirmation emails from the online shop and PayPal. CLOSED will credit the customer’s PayPal account with any claim for a refund.
4.3.3 Bank transfer (instant transfer and iDeal)
When selecting bank transfer (instant transfer and iDeal), and after confirming, customers are transferred to the Internet page of their bank. This requires that the customer is registered for online banking with his or her bank. To transact the payment, customers need their own PIN and TAN numbers. Once payment has been transacted, they are asked to complete the purchase in the online shop. Customers then receive a confirmation email from the online shop. CLOSED will credit the customer’s bank account with any claim for a refund.
4.3.4 Advance payment
When choosing this mode of payment, customers transfer the invoice amount in advance. In the event that the invoice amount is not received in the account of CLOSED within four days of the completion of the online purchase, the customer receives a payment reminder by email. If the invoice amount is not received in the account of CLOSED within seven days of the completion of the online purchase, at the latest, CLOSED cancels the order and so informs the customer by email. CLOSED will credit the customer’s bank account with any claim for a refund.
4.4 CLOSED reserves the right to exclude certain modes of payment on a case-by-case basis – especially in the interest of minimizing the credit risk.
5. Shipping costs
Orders placed in the CLOSED ONLINE SHOP entail shipping costs, which are borne by the customer. The amount of shipping costs so incurred depends on the destination country and is set forth in the below table. Shipping costs are displayed and invoiced as part of the order.
|Supplier country||Method of shipment||Forwarding costs||Delivery times|
|4,90 ¤||1-3 working days|
|Other European countries||UPS Standard||4,90 ¤||1-4 working days|
|Switzerland & Norway||DHL Standard||19,00 ¤||2-4 working days|
|Overseas||DHL Express||19,00 ¤||2-5 working days|
*For orders within Germany, customers can choose between the carriers DHL or UPS Standard during the ordering process.
6. Right of revocation and cancellation policy
6.1 If the customer has placed an order as a consumer, he or she has a statutory right of revocation. In accordance with applicable law, CLOSED advises customers as follows:
You are entitled to rescind this contract within fourteen (14) days without the need to state a reason. The revocation period equals 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must notify us of your decision to revoke this agreement by means of an unequivocal declaration (e.g., by letter, facsimile or email) addressed to:
Closed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Tel.: 00800 999 888 11 (free of charge in any network)Fax: 0049 40 73 350 073Email: email@example.com
You may use the attached sample declaration of revocation but are not obligated to do so. To meet the applicable deadline for revocation, it suffices for you to dispatch the notice concerning your exercise of the right of revocation prior to the lapse of the revocation period.
Consequences of revocation
If you revoke this agreement, we must refund to you all payments we have received from you, including shipment costs (save for additional costs associated with your choice of a shipment method other than the most affordable standard shipment method we proposed), without undue delay but in any case within 14 days from the day on which we received your notice concerning the rescission of the agreement in question. Such refund is effected using the same type of payment you used in the original transaction unless specifically agreed otherwise; under no circumstances will you be charged for fees on the basis of such refund. We may refuse to provide a refund until the goods were returned to us or you have furnished evidence to the effect that the goods were sent back, whichever occurs sooner. You must return or deliver the goods to us promptly but in any case within 14 days from the date on which you notify us of the rescission of the agreement in question, and such deadline is deemed to have been met so long as you dispatch the goods within the 14-day period. We bear the cost of return shipment, and you must pay for any loss in value of the goods only if and to the extent that such loss is the result of the goods having been handled to a degree not justified by the need to check condition, quality and functionality.
Sample Declaration of Revocation
ToClosed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Fax: 0049 40 73 350 073Email: firstname.lastname@example.org
I/we* hereby rescind the agreement into which we entered for the purchase of the following goods* / the performance of the following service*
Ordered on* / received on*
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature(s) of consumer(s) (only if communicated on paper)
Date*Mark as appropriate
6.2 In deviation from the pertinent legal provision, we regard returns of goods within the revocation period as a declaration of revocation even if they are not accompanied by a notice to that effect, and the aforementioned consequences of revocation will arise accordingly.
6.3 Free returns are transacted by the carrier that delivered the package (DHL or UPS). For this purpose, the consignment note / sticker found in the package must be used. The customer is obligated to effect the goods’ return from the destination country to which they were delivered.
7. Retention of title, set-off, right of retention
7.1 Until the goods are fully paid for, they remain the property of CLOSED.
7.2 The customer has a right of set-off only with respect to counter-claims that have been effectively established, are undisputed or have been recognized by CLOSED.
7.3 The customer may exercise a right of retention only if and to the extent that his or her claims against CLOSED and such claims as CLOSED may hold against the customer stem from the same contractual relationship.
All deliveries as well as defects found on goods purchased are subject to statutory warranty rights. The limitation period for statutory warranty rights equals two (2) years and commences upon the goods’ delivery.
10. Choice of law and legal venue
10.1 All disputes arising from or in connection with the purchase agreement are exclusively subject to German law, to the exclusion of CISG. If the customer is a consumer, the laws of the Federal Republic of Germany apply only to the extent that they are not opposed by prevailing legal provisions, including but not limited to consumer-protection regulations.
10.2 Customers that are businesses or lack a general jurisdiction in Germany agree that Hamburg will serve as the legal venue for any and all disputes arising from the agreements entered into with CLOSED.
10.3 We are neither obligated nor willing to participate in arbitration proceedings before a consumer conciliation board.