General terms and conditions

§ 1 Scope

(1) The following General Terms and Conditions (GTC) apply to the business relationship between the Fashion Direct GmbH (0039 ITALY) and the orderer of goods via online sales platform under www.0039italy-shop.com.

(2) Goods under these Conditions are all products and services that can be purchased as part of an online order in 0039 ITALY shop.

§ 2 Conclusion of the contract

(1) Our presentation at the 0039 ITALY Online shop is merely a non-binding request to order goods from us.

(2) The consignment of the order confirms your submission of a binding offer to conclude a purchase contract. The automatically generated e-mail order confirmation does not constitute acceptance of the offer, but only documents that the order is received.

(3) We accept the offer upon delivery of the goods.

(4) You will be notified via e-mail if we determine during the processing of your order that the products ordered by you are not available. A contract for the unavailable goods is not made. Already received considerations will be returned immediately.

(5) We sell our products only in commercial quantities exclusively to end-users, who have attained the age of 18.

(6) The contract is concluded exclusively in German.

§ 3 Legal Right of Revocation

Right of Withdrawal

You have the right to cancel within fourteen days without giving a reason this contract. You are entitled to revoke this contract without stating reasons within fourteen days. The revocation period is fourteen days from the date on which you or a third party named by you, other than the carrier, has taken physical possession of the goods. In order to exercise your right of withdrawal, you must inform us about your decision to withdraw from this contract

Fashion Direct GmbH, 0039 ITALY Onlineshop
Echterdinger Straße 83
70794 Filderstadt, Germany
Tel. 0 049.(0)711.722 542-35
Fax 0 049.(0)711.284 755-3
E-Mail: info@0039italy-shop.com

by means of a clear declaration (e.g., consigned by post mail, fax or email). You may use the attached sample withdrawal form, but it is not compulsory. To meet the cancellation deadline, it is sufficient to send your notice concerning the exercise of the right of withdrawal before the withdrawal deadline. 

Effects of withdrawal

If you withdraw from this contract, we will immediately reimburse all payments received from you, including delivery costs (except for the additional costs arising from the fact that you chose a delivery mode other than that most affordable standard delivery offered by us), at the latest within fourteen days from the date on which we will receive the notice regarding your cancellation of this agreement. For this repayment, we use the same method of payment that you have used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse reimbursement until we have recovered the goods, or until you have demonstrated/provided evidence that you have returned the goods, whichever is earlier. You must return or transfer the goods promptly and in any event not later than fourteen days from the date on which you notify us of any cancellation of this contract, to:

Fashion Direct GmbH, 0039 ITALY Onlineshop
Echterdinger Straße 83
70794 Filderstadt, Germany

The deadline is met if you send the goods before the expiry of the term of fourteen days. We will bear the costs of returning the goods.
You need to pay for any depreciation of the goods only when such depreciation is caused by unnecessary mishandling by you for the purpose of testing the nature, characteristics and functioning of the goods.

End of Right of Revocation

§ 4 Shipping / Shipping costs

(1) DHL is the shipping carrier throughout Europe. The risk of transport is borne by 0039 ITALY.

(2) The goods are ready for dispatch on the working day after your order is placed. Unless otherwise agreed, delivery is carried out considering the place of delivery within 2 to 5 business days to the shipping address provided by the customer. When paying in advance, the delivery takes place only after crediting the full purchase price to our account.

(3) Shipping Costs:

(4) As a consumer, you will be asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and inform us of complaints as quickly as possible. If they are not complied with, this does not affect your statutory rights.

§ 5 Returns

(1) All documents that may help you in return are enclosed with your package.

(2) 0039 ITALY asks you to return goods by submitting the returns slip for simplicity purposes. No recognition of your notice of defects is associated with the acceptance of the returned goods. We would like to remind you that you are obliged to pay compensation in the case of deterioration of the goods, if necessary. Please observe the Conditions in point 3.
You can avoid any obligation to pay compensation, by omitting everything, which impairs the value of the goods and not using the goods as your property. In addition, you should try on or inspect the goods only as it would have been possible for you in our store.

§ 6 Prices and Payment Methods

(1) The prices specified at time of order are applicable. All prices include/are inclusive of VAT.

(2) The payment of goods is made optionally according to the proposed payment methods during the ordering process and for the conditions specified therein. We reserve the right to exclude certain payment methods depending on the result of the verification of your data (identity and credit checks).

(3) In case of delivery against advanced payment, you agree to pay the invoice amount within 14 days after submission of the binding purchase offer. After that period, we reserve the right to cancel the order. If we cancel an order, we will inform you immediately.

§ 7 Questions about / regarding the order or complaints

Please contact our Customer Service if you have questions about your order or complaints:

E-Mail: info@0039italy-shop.com
Phone: +49 711 722542-36
Fax: +49 711 2847553

§ 8 Retention of title

The goods remain our property until full payment.

§ 9 Warranty

Unless otherwise expressly agreed, the legal warranty regulations apply.

§ 10 Liability

(1) We assume full liability for intent and gross negligence. In the case of a slightly negligent breach of a primary obligation or a secondary obligation, the breach of which threatens the purpose of the contract or the fulfillment of which only enables the proper execution of the contract and the compliance of which may be trusted by the customer (“principle obligation”), our liability is limited to foreseeable and contract-typical damages. We are not liable for the minor negligent breach of contractual obligations that do not belong to the principle obligations.

(2) The liability for fraudulent concealment of defects or in case of assumption of a guarantee of quality, liability for claims under the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected. A change in the burden of proof to the detriment of the customer is not associated with the same.

(3) With the exception of claims resulting from inadmissible handling, compensation claims of the customer lapse within one year from the commencement of the contract, for which liability is limited under this paragraph.

(4) Where the liability of 0039italy-shop.com is excluded or limited, this also applies to the personal liability of employees, workers, colleagues, representatives and agents.

§ 11 Copyrights and Trademarks

The entire content of the website, including text, graphics, photographs, images, moving images, is our property. These contents are protected by copyright. Their use is permitted only with our explicit consent.

§ 12 Applicable Law

The law of the Federal Republic of Germany applies to the contractual relationship with you. The application of the UN Sales Convention is excluded.
If one or more provisions are invalid, they shall not affect the validity of the remaining provisions.

§ 13 Imprint / Operator of the online shop

Fashion Direct GmbH
0039 ITALY Online-Shop
Echterdinger Straße 83
70794 Filderstadt
Germany

Tel. 0 049.(0)711.722 542-35
Fax 0 049.(0)711.284 755-3
E-Mail: info@0039italy-shop.com
Internet: www.0039italy-shop.com

Managing Director: Rachid Bourak
Register Court: Amtsgericht Stuttgart
Company registration number: HRB 21811
Sales tax identification number according to § 27 a VAT Act: DE813209187

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