Terms and Conditions

Terms and Conditions WINSHAPE Online Shop

1. SCOPE

1.1 1These terms and conditions apply to all purchases or orders by customers and agents through the WINSHAPE online shop.

1.2 A private customer is according to section § 13 BGB any individual who conducts a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity.

1.3 A business customer is according to section § 14 BGB an individual, group or legal entity which conducts a legal transaction within their commercial or independent professional activity.

1.4 All purchases and orders are subject to the following conditions. The General Terms and Conditions apply from the start of the purchase contract.

1.5 If a business customer uses, according to section § 14 BGB any opposing or supplementary terms and conditions, their validity is hereby contradicted. They become part of the contract only if expressly agreed in writing. This applies in particular to counter-confirmations by the buyer with reference to his business or purchase conditions.

1.6 The languages available for the conclusion of the contract are German, English and Italian.

2. CONTRACTUAL PARTNER

The provider of the online shop is Winshape GmbH, Rudolf-Diesel-Str. 9, 53859 Niederkassel, Germany, Tel 0228/36033411, E-Mail: For the e-mail address, click here.

3. CONTRACT STORAGE

The contract text is not stored by us. Your personal data and your order data can be viewed in your customer account (login area) at any time for as long as the account remains.

4. PURCHASE AGREEMENT

4.1 The product descriptions contained in the online shop of the seller do not constitute binding offers from the seller, but serve to make a binding order from the buyer.

4.2 The buyer can initially put the seller's products without obligation in the shopping basket and correct personal entries at any time prior to sending the binding order, by using the corrective aids provided and explained in the ordering process.

4.3 The basket can be changed at any time before completing the order process via the navigation bar. Before final submission of the order, the buyer has the opportunity to verify all information. Any errors in the input are displayed; the buyer is asked to correct the respective input fields. Furthermore, the buyer has the opportunity to cancel the purchase at any time by leaving the website of the online store. The order is submitted at the end of the online ordering process by clicking on the button "COMPLETE PURCHASE". Immediately after the order has been sent, confirmation of receipt of the order will be sent by e-mail. However, the automatically generated e-mail order confirmation does not represent an acceptance of the offer, it serves to document that the order has been received by the seller.

4.4 When the contract is concluded with us, depends on the payment method you have chosen:

PayPal:

In the ordering process, the buyer will be redirected to the website of the online payment provider PayPal. There, the buyer can specify his payment details and confirm the payment order to PayPal. PayPal is requested by the seller, following submission of the order in the shop, to initiate the payment transaction, thereby the seller accepts the payment from the buyer.

Payment in advance:

The seller accepts the order by sending a declaration of acceptance in a separate e-mail within two days, in which the bank details are communicated to the buyer.

SEPA Direct Debit:

We accept your order by sending a declaration of acceptance in separate e-mail or by delivering the goods within two days.

Credit card:

When submitting the order, you send your credit card data to us at the same time. Following confirmation of your card details, we will ask your credit card company to initiate the payment transaction and accept your order.

All other payment methods (Cash on Delivery, Invoice):

We accept your order by notification of delivery, at the latest, by delivering the ordered goods to the buyer, in which case the delivery of the goods to the buyer is decisive.

4.5 If an order cannot be accepted for any reason, we will inform the buyer immediately. In this situation payments already made by the buyer are immediately refunded by the seller.

5. RIGHT OF WITHDRAWAL

If the buyer is a private customer (see 1.2), s/he is entitled to a right of withdrawal within the terms of a distance selling contract. The details of the right of withdrawal can be found in the cancellation policy.

6. EXCHANGE / RETURN POLICY

6.1 If the buyer is not satisfied after receipt of the goods, WINSHAPE allows, in addition to the statutory right of withdrawal (see section 5) that within a period of 14 days from the receipt that the goods can be exchanged. The purchased item can be exchanged for one in a different size or colour unless the garment is worn or damaged. WINSHAPE cannot accept the exchange of worn or damaged garments (unless it is a manufacturing defect). There is no procedure for exchanging one model for another; only the size or colour can be exchanged.

6.2 Your statutory right to return the goods (see clause 5) is not affected by the (voluntary) right of exchange and shall remain independent of this. Up to the expiry of the period for the statutory right of revocation, the statutory conditions listed there apply. The contractually granted (voluntary) right of exchange does not limit your statutory warranty rights, which you will receive without restriction.

6.3 The exchange option is only valid within Germany and is free. The free return only works through the same parcel service (Hermes or GLS), that was selected during the ordering process for shipping.

7. DELIVERY AND SHIPPING CONDITIONS

7.1 Goods are delivered to the delivery address specified by the buyer, unless otherwise agreed. In addition to the stated product prices, shipping costs are added. For details of shipping costs, please look at the item and then click the heading "Shipping".

7.2 If the transport company sends the goods back to the seller, because a delivery to the buyer was not possible, the buyer bears the cost of unsuccessful shipping, if the order value did not qualify for free delivery. This does not apply if the buyer was not responsible for the circumstance leading to the failed delivery or temporarily prevented from accepting it, unless the seller had already informed him of the delivery details a reasonable time in advance. Furthermore, this does not apply with regard to the cost of the order if the buyer exercises his right to return goods effectively. With the effective exercise of the right of withdrawal by the buyer, the regulations within the cancellation policy of the seller apply.

7.3 Vouchers will be sent to the buyer by e-mail or by post.

8. TRANSPORT DAMAGE

8.1. For private customers:

If goods are delivered with obvious transport damage, please notify the delivery service as soon as possible and please contact us immediately. Failure to file a complaint or make contact has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, prompt notification helps us with our own claims against the carrier or transport insurance.

8.2. For business customers:

The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier, or the person or institution otherwise responsible for carrying out the shipment. Among traders, the duty to inspect and to reprimand is regulated by § 377 HGB. If you fail to do this, the goods are deemed to have been approved, unless there are defects that were not identifiable during the initial inspection. This does not apply if we have fraudulently concealed a defect.

9. Conditions for purchased vouchers

9.1 Vouchers that are purchased via the seller’s online shop can only be redeemed in the seller’s online shop, unless otherwise specified in the voucher.

9.2 Vouchers and remaining parts of vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits will be credited to the buyer until the expiration date.

9.3 Vouchers can only be redeemed before completing the order process. A subsequent settlement is not possible.

9.4 Only one voucher can be redeemed per order.

9.5 Vouchers can only be used for the purchase of goods and not for the purchase of additional vouchers.

9.6 If the value of the voucher is insufficient to cover the order, one of the other payment methods offered by us can be selected to pay the difference.

9.7 The credit of a voucher is neither paid in cash nor interest.

9.8 The voucher is transferable. The seller can make a debit to the respective owner when the voucher is redeemed in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.

10. REDEMPTION OF PROMOTIONAL VOUCHERS

10.1 Vouchers that are issued by the seller free of charge as part of a promotion with a specific period of validity, that cannot be purchased by the purchaser (hereinafter "promotional vouchers") can only be redeemed in the vendor's online shop for the specified period..

10.2 Individual products may be excluded from the coupon promotion, provided that the restriction corresponds to the content of the promotional coupon.

10.3 Promotional vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.

10.4 Only one promotional coupon can be redeemed per order.

10.5 The value of the goods must at least equal the amount of the voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be used to pay the difference.

10.7 The credit from a special offer will not be refunded in cash, nor will it gain interest.

10.8 When an order purchased using a special offer is returned the credit from the special offer will not form part of the refund.

10.9 A special offer voucher is transferrable and the seller can apply the voucher to whoever uses it in the online shop. This does not apply if the seller is aware of misuse or grossly negligent with regard to non-entitlement by the user.

11. WARRANTY

11.1 Statutory warranty provisions for consumers apply (see 1.2).

11.2 If you place your order with us as a business customer, the following applies:

11.2.1 Delivered goods shall be inspected by the buyer immediately after delivery, as far as this is practicable in the ordinary course of business. If there is a defect, the seller must be notified immediately. If the buyer fails to do so, the goods shall be deemed to have been approved, unless there are defects that were not identifiable during the initial inspection. If such a deficiency arises later, the notification must be made immediately after the discovery, otherwise the goods will be considered as approved with respect to this defect. Section § 377 HGB remains unaffected. The buyer is not exempted from his obligation to inspect, even in the case of recourse by a business customer according to § 478 BGB. If, in such cases, he does not immediately notify the defect claimed by his customer, the goods shall also be deemed approved in view of this defect.

11.2.2 Insofar as there is a defect, the seller is entitled, subject to the nature of the defect and the legitimate interests of the buyer, to determine the type of subsequent fulfillment. Subsequent fulfillment in these contracts is considered as failed after the unsuccessful third attempt. This number does not apply in the case of recourse to § 478 BGB.

11.2.3 In the case of subsequent fulfillment in the event of defects, the seller is only obliged to bear the expenses required for this, in particular transport, travel, labor and material costs, when these are not increased by transferring the goods to a location other than the registered office or commercial branch of the buyer to whom the goods have been delivered. This number does not apply in the case of recourse to § 478 BGB.

11.2.4 Claims by the purchaser for defects, including claims for damages, become statute-barred after one year. This does not apply in the case of recourse to § 478 BGB, this also does not apply in the cases of §§ 438 para. 1 no. 2 BGB and § 634a paragraph 1 no. 2 BGB. This also does not apply to claims for damages for injury to life, limb or health or due to a grossly negligent or intentional breach of duty by the seller or his vicarious agents.

12. LIABILITY

12.1 We are always liable for claims arising from damages caused by us, our legal representatives or vicarious agents • in the event of injury to life, limb or health, • in the event of intentional or grossly negligent breach of duty, • in the case of a guarantee promise, insofar as agreed, or • as far as the scope of application of the Product Liability Act extends.

12.2 In the case of breach of essential contractual obligations, (the fulfillment of which enables the proper execution of the contract in the first place, and the compliance with which the contractual partner may regularly trust (cardinal obligations)) through slight negligence by us, our legal representatives or vicarious agents, the liability shall be the part of the contract limited to foreseeable damage that has to be typically expected. Incidentally, claims for damages are excluded.

13. PAYMENT TERMS

The purchase price is due, except in advance, at the point of delivery of the object of purchase to the buyer and receipt of the invoice for payment.

In the seller’s shop, the following payment methods are available to the buyer:

Payment in advance

When selecting payment in advance, we will provide our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

When submitting your order, you also transmit your credit card data to us at the same time. Following your verification as a legitimate cardholder, we request your credit card issuer immediately following the order confirmation to initiate the payment transaction. The payment transaction is automatically performed by the credit card company and charged to your card.

SEPA Direct Debit

When submitting your order, you give us a SEPA direct debit mandate. We will inform you about the date of the debit from your account (so-called pre-notification). When submitting the SEPA direct debit mandate we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be charged. The account will be charged before the goods are shipped. The deadline for the advance notice of the date of the account debit (so-called pre-notification period) is 2 days.

PayPal

As part of the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must register there, or if already registered, log on, then verify your access data and confirm the payment for the order to us. After the order is placed in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately thereafter. You will get more information during the ordering process.

Invoice

Payment by invoice means you pay the invoiced amount after receipt of the goods, by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

Cash on Delivery

Cash on Delivery means you pay the purchase price directly to the deliverer. There is an extra charge of 4.90 euros for this service, this fee is payable directly to the deliverer.

14. OWNERSHIP

The delivered goods remain the property of the seller until full payment of the purchase price. If the buyer is in default of payment or culpably fails to fulfill any other essential contractual obligations, the seller is entitled to withdraw from the contract and to demand return of the goods or, if necessary, to assign the claim for return by the seller to a third party

15. JURISDICTION / APPLICABLE LAW

15.1 If you are a business customer, German law applies, excluding the UN Sales Convention.

15.2 If you are a purchaser within the definition of the German Code of Commerce or a legal entity defined by public law or public assets, the jurisdiction for all disputes arising from contractual relationships between us and you is at the same location as our business.

16. CONSUMER INFORMATION - DISPUTE RESOLUTION

16.1 Dispute Resolution, article 14 paragraph 1 ODR Regulation ("OS Platform") The seller is obliged to notify customers about the European Online Platform for out-of-court settlement of disputes arising between buyer and seller, inter alia, from online sales contracts. The European Online Dispute Resolution Platform is available at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .

16.2 The seller is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.