Terms of service
General Terms and Conditions with Customer Information
TABLE OF CONTENTS
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Special Conditions for Processing Goods to Customer Specifications
- Redemption of Promotional Vouchers
- Applicable Law
- Alternative Dispute Resolution
1. Scope of Application
1.1 These General Terms and Conditions (GTC) of Fashion Vivo Limited (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as the "Customer") concludes with the Seller regarding goods presented in the online store. The inclusion of the Customer's own terms and conditions is rejected unless explicitly agreed otherwise.
1.2 A consumer is any natural person entering into a transaction for purposes outside their trade, business, or profession. An entrepreneur is a natural or legal person who acts for commercial or self-employed professional purposes when entering into a transaction.
2. Conclusion of Contract
2.1 The product descriptions in the Seller’s online store do not represent binding offers, but are an invitation to the Customer to submit a binding offer.
2.2 The Customer can submit their offer via the Seller’s online order form. After placing goods in the virtual shopping cart and completing the order process, the Customer submits a legally binding offer by clicking the button that concludes the order.
2.3 The Seller can accept the Customer's offer within five days by:
- Sending an order confirmation via email or fax;
- Delivering the goods to the Customer;
- Requesting payment from the Customer after the order is placed.
2.4 If the payment method offered by PayPal is selected, the contract is accepted when the Customer clicks the button to complete the order.
2.5 Contract texts are stored and sent to the Customer in text form (e.g., email) after the order is placed.
2.6 The Customer can correct input errors before finalizing the order by reviewing the details on the screen.
2.7 Contracts are concluded exclusively in the German language.
2.8 Order processing and communication occur primarily via email. Customers must ensure the provided email address is correct.
3. Right of Withdrawal
3.1 Consumers have a statutory right to withdraw from the contract.
3.2 Detailed information on the right of withdrawal is available in the Seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers outside the European Union if their place of residence and delivery address are also outside the EU at the time of contract conclusion.
4. Prices and Terms of Payment
4.1 Prices shown in the Seller’s product descriptions include statutory VAT. Additional shipping costs are displayed separately.
4.2 For deliveries outside the European Union, additional costs (e.g., customs duties) may apply.
4.3 The available payment methods are communicated in the Seller’s online store.
4.4 Payments via SOFORT, Shopify Payments, and other services are processed according to the specific provider’s terms and conditions.
5. Delivery and Shipping Conditions
5.1 Goods are delivered to the address provided by the Customer.
5.2 If delivery fails due to Customer responsibility, the Customer bears the additional costs, except in the case of exercising the right of withdrawal.
5.3 The Seller reserves the right to cancel the contract in case of unavailability due to supplier issues. Customers will be informed immediately, and payments refunded.
5.4 Self-collection of goods is not available.
6. Retention of Title
Ownership of the goods remains with the Seller until the purchase price has been paid in full.
7. Liability for Defects (Warranty)
7.1 If goods are defective, statutory liability for defects applies.
7.2 Consumers are encouraged to report any transport damage to the delivery service and the Seller.
8. Special Conditions for Processing Goods to Customer Specifications
8.1 Customers are responsible for providing the necessary content (e.g., images, text) and ensuring no third-party rights are violated.
8.2 The Customer indemnifies the Seller from any third-party claims arising from the content provided.
8.3 The Seller reserves the right to reject content that violates legal or ethical standards.
9. Redemption of Promotional Vouchers
9.1 Promotional vouchers issued by the Seller can only be redeemed in the online store during the validity period.
9.2 Vouchers must be redeemed before the order is completed, and only one voucher can be applied per order.
9.3 Vouchers are non-transferable, non-refundable, and cannot be exchanged for cash.
10. Applicable Law
10.1 All legal relationships are governed by the laws of the Federal Republic of Germany, excluding international sales law. For consumers, this choice of law applies only if it does not override mandatory provisions of the consumer's home country.
10.2 The choice of law does not apply to consumers outside the European Union.
11. Alternative Dispute Resolution
11.1 The European Commission provides a platform for online dispute resolution at: https://ec.europa.eu/consumers/odr.
11.2 The Seller is not obliged or willing to participate in dispute resolution before a consumer arbitration board.