Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms") of M&P Fashion GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods entered into between a consumer or business customer (hereinafter "Customer") and the Seller relating to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of vouchers, these Terms apply accordingly, unless otherwise regulated.

1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 A business customer within the meaning of these Terms is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic order process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive in this regard, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive in this regard, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the effect that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that is selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time the Customer clicks the button that concludes the order process.

2.5 If the payment method "Amazon Payments" is selected, payment processing will be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that concludes the order process, the Customer simultaneously issues a payment order to Amazon. In this case, the Seller hereby declares acceptance of the Customer's offer at the point in time the Customer triggers the payment process by clicking the button that concludes the order process.

2.6 When ordering via the Seller's online order form, the text of the contract will be saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g. email, fax, or letter) after the Customer's order has been sent. The Seller does not make the contract text available in any further way. If the Customer set up a user account in the Seller's online shop prior to sending their order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login details.

2.7 Before bindingly submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the order process.

2.8 Various languages are available for the conclusion of the contract. The specific choice of language is displayed in the online shop.

2.9 Order processing and contact typically take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is accurate, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's Withdrawal Instructions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs relating to money transfers may also arise even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to the Customer in the Seller's online shop.

4.4 If a payment method offered via the payment service "PayPal" is selected, payment processing will be carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers. If the Seller also offers payment methods via PayPal in which the Seller advances payment to the Customer (e.g. purchase on account or installment payment), the Seller assigns its payment claim to that extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the Customer can only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible even in the case of assignment of claims for general customer inquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes.

4.5 If the payment method "Sofortüberweisung" (instant bank transfer) is selected, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung," the Customer must have an online banking account activated for participation in "Sofortüberweisung," authenticate themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna, and the Customer's bank account is debited. Further information on the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. Stripe may make use of additional payment services to process payments, for which special payment terms may apply, which the Customer will be informed of separately if applicable. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered via the payment service "Apple Pay" is selected, payment processing will be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay will be communicated to the Customer in the Seller's online shop. Apple may make use of additional payment services to process payments, for which special payment terms may apply, which the Customer will be informed of separately if applicable. Further information on Apple Pay can be found online at https://www.apple.com/de/apple-pay/.

4.8 If the payment method "purchase on account" is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop. The Seller further reserves the right to carry out a credit check when the payment method "purchase on account" is selected and to refuse this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1 If the Seller offers to ship the goods, delivery will take place within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the execution of the transaction. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping to the Customer if the Customer effectively exercises their right of withdrawal. For the return shipping costs, the provisions set out in the Seller's Withdrawal Instructions apply if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as a business customer, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has handed over the goods to the shipping company, the carrier, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes only upon handover of the goods to the Customer or to a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer, even in the case of consumers, as soon as the Seller has handed over the goods to the shipping company, the carrier, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the shipping company, the carrier, or the person or institution otherwise designated to carry out the shipment, and the Seller had not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the Seller's responsibility and the Seller has concluded a specific covering transaction with the supplier with the due diligence required. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately, and any consideration already provided will be reimbursed immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller provides advance performance, it retains title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stated below, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as a business customer,

the Seller has the choice of the type of subsequent performance;
for new goods, the limitation period for claims for defects is one year from delivery of the goods;
for used goods, claims for defects are excluded;
the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and reductions of the limitation period do not apply

to claims for damages and reimbursement of expenses by the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods that have been used in accordance with their customary use for a building and have caused the defectiveness thereof,
to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, for business customers, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, the Customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller is liable without limitation on any legal grounds

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body, or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the observance of which the Customer may regularly rely.

8.3 Otherwise, the Seller's liability is excluded.

8.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that are issued free of charge by the Seller as part of promotional campaigns with a specific validity period, and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers"), can only be redeemed in the Seller's online shop and only within the specified period.

9.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the Promotional Voucher.

9.3 Promotional Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

9.4 Multiple Promotional Vouchers may also be redeemed within a single order.

9.5 If the Promotional Voucher relates to a specific amount rather than a percentage discount, the value of the goods must correspond to at least the amount of the Promotional Voucher. Any remaining credit will not be refunded by the Seller.

9.6 If the value of the Promotional Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

9.7 The credit balance of a Promotional Voucher is neither paid out in cash nor bears interest.

9.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotional Voucher as part of their statutory right of withdrawal.

9.9 The Promotional Voucher is intended solely for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

10) Redemption of Gift Vouchers

10.1 Vouchers that can be purchased via the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated on the voucher.

10.2 Gift Vouchers and any remaining credit from Gift Vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the Customer until the expiry date.

10.3 Gift Vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.

10.4 Gift Vouchers can only be used to purchase goods and not to purchase additional Gift Vouchers.

10.5 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be selected to settle the difference.

10.6 The credit balance of a Gift Voucher is neither paid out in cash nor bears interest.

10.7 The Gift Voucher is intended solely for use by the person named on it. Transfer of the Gift Voucher to third parties is excluded. The Seller is entitled, but not obligated, to verify the material entitlement of the respective voucher holder.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

12) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer's registered office is located outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the aforementioned cases, however, the Seller is in any case entitled to bring proceedings before the court at the Customer's place of business.