General Terms and conditions and customer information

Index:

A. General terms and conditions
1. Applicability
2. Closing of the contract
3. Costs for return shipments in case of the exertion of the right of revocation
4. Prices and payment terms
5. Delivery and shipment terms
6. Reservation of proprietary rights
7. Liability for defects
8. Liability
9. Applicable law

B. Customer information
1. Information about the identity of the vendor
2. Information about the basic properties of the merchandise or the service
3. Information about the closing of the contract
4. Information about payment and delivery
5. Information about the technical steps leading to the closing of the contract
6. Information about the storage of the text of the contract
7. Information about the technical means to identify and correct entry errors
8. Information about the available languages for the closing of the contract
9. Information about the codes of conduct the vendor has subjected himself to

A. General terms and conditions

1. Applicability

1.1
These general terms and conditions by "Christian Mühlhaus, Greems Fashion" (consecutively named "vendor") are applicable for all contracts the customer will close with the vendor regarding the products and services offered in the online shop of the vendor. Herewith the inclusion of the terms of the customer is revoked insofar as not agreed otherwise.

1.2
Customers in terms of cypher 1.1 are consumers as well as entrepreneurs wherebey a consumer is any natural person closing a legal transaction for a purpose that cannot be attributed to his or her self employed or professional activity. In contrast to that an entrepreneur is any natural or legal person or private company capable of holding rights acting in the execution of his or her self employed or professional activity.

2. Closing of the contract

2.1
The products shown in the online shop of the vendor do not represent binding offer of the vendor but serve only for the purpose of the submission of a contractually binding offer by the customer.

2.2
The customer can submit the offer by telephone, in writing, per fax, per email or via the online shop of the vendor using the integrated ordering form. During an ordering process via the online ordering form the customer submits a binding contractual offer regarding the merchandise in the shopping basket after entering his personal data and ba clicking the button "submit order" in the final step of the ordering process.

2.3
The vendor can accept the offer by the customer, oder confirmation submitted in written form (letter) or electronically (fax or email) or by delivery of the merchandise, within five days. The vendor has the right to revoke accepting the order.

2.4
The processing of the order and the establishing of contact will usually take place via email and the automized ordering process. The customer has to ensure that the email address submitted is valid so, that emails sent by the vendor can be received under this address. In particular the customer has to ensure that in case a spam filter is used that all emails by the vendor or by third parties charged by the vendor with the processing of the order can be delivered.

3. Costs for return shipments in case of the exertion of the right of revocation
If the customer has a right of revocation he will have to bear the costs of the return shipment in the case of the exertion of aforementioned right of revocation if the price of the returned merchadise does not exceed 40 Euros or if, in case of a higher price of the merchandise, the customer has not provided the compensation or a partial payment at the time of the revocation unless the delivered merchandise does not match the ordered merchandise. In all other cases the vendor will bear the costs of the return shipment.

4. Prices and payment terms

4.1
The prices depicted are the end prices of the vendor i.e. they include all components of the price including the statutory german turnover tax. If applicable costs due to delivery and shipment will be declared separately in the respective product description.

4.2
For shipments within Germany the vendor offers the following payment options insofar as not stated otherwise in the respective description of the product in the offer:

1) Cash in advance payment by
- Bank transfer
- Credit card (Visa, Mastercard)
- Pay Pal
- sofortüberweisung.de

2) Cash on delivery

4.3
If delivery to a foreign country is offered in addtion, the customer has the following payment options for deliveries to a foreign country, insofar as not stated otherwise in the respective description of the product in the offer:

1) Cash in advance payment by
- Bank transfer
- Credit card (Visa, Mastercard)
- Pay Pal
- sofortüberweisung.de (only for orders from the following countries: Belgium, Netherlands, Austria, Switzerland)

4.4
In case of shipments to countries outside the European Union additional costs are incurred, such as further taxes or dues in the form of tolls, in particular cases.

4.5
In case of cash in advance payment the payment is due immediately after the closing of the contract

4.6
In case of the payment method delivery on invoice the purchase price is due after the merchandise has been delivered and invoiced. In this case the purchase price is due without discount within 14 days after the receipt of the invoice insofar as agreed otherwise. The vendor reserves himself the right of a check of credit-worthiness and to refuse this payment method in the case of a negative outcome of the check of credit-worthiness.

4.7
In case of the payment option credit card the credit card account of the customer will be debited with the closing of the order.

4.8
The customer only has the right of offsetting if the counter claim is undisputed, legally binding or accepted by the vendor.

4.9
The customer can exercise his right of retention only insofar claims from the same contractual relationship are concerned.

5. Delivery and shipment terms

5.1
The delivery of merchandise is carried out regularly via the dispatch route and to the delivery address specified by the customer. In the course of the exection of the transaction the derlivery address specified by the customer in the ordering process of the vendor is relevant.

5.2
If a delivery to the customer is not possible, the company charged with the delivery will send the merchandise back to the vendor, whereby the customer has to bear the cost for the unsuccessful delivery. This is not applicable if the customer was prevented to be present to receive the offered service, except if the vendor has specified the time of the derlivery in advance and in due time or if the customer is hereby exercising his right of revocation.

5.3
Generally the danger of a coincidental destruction or a coincidental deterioration of the sold merchandise is transferred to the customer with the handing over to the customer. If the customer is an entrepreneur (the latter acting in execution of his commercial or self-employed profession; § 14 BGB) the danger of a coincidental destruction or a coincidental deterioration of the sold merchandise is transferred with the delivery of the merchandise at the business location of the vendor to an adequate transport person.

5.4
Regarding entrepreneurs all derlivery deadlines except correct and timely self-delivery in cases, in which the vendor has closed a concrete covering transaction and is not responsible for the lacking availability.

6. Reservation of proprietary rights
The merchandise delivered by the vendor remains the property of the vendor until the full payment has been made.

7. Liability for defects
If the subject of the purchase is defective statutory prescriptions are applicable. Apart from that the following prescriptions apply:

7.1
For entrepreneurs
- An insignificant defect does not constitute an entitlement to defect compensation
- The vendor has the choice of the way of supplementary performance
- The period of limitation of actions for new merchandise is one year beginning with the transition of transfer of perils
- The rights and claims due to defects are generally excluded for used merchandise
- The period of limitation does not start anew, if a replacement delivery has been made in the course of the liability for defects

7.2
For consumers the period of limitation for compensation due to dects is
- two years for new merchandise from the delivery of the merchandise to the customer
- one year for used merchandise from the delivery of the merchandise to the customer with the limitation of cypher 7.3

7.3
For entrepreneurs and consumers applies, that the aforementioned limitations of liability and period of limitation in cypher 7.1 and 7.2 do not apply to claims for damage or compensation of expenditure the purchaser can claim according to statutory law due to defects stipulated in cypher 8.

7.4
For entrepreneurs applies additionally that the statutory prescriptions for the period of limitation for the right of recourse according to § 478 BGB remain unchanged. The same applies to entrepreneurs and consumers in case of a violation of duties and fraudulent concealment of a defect.

7.5
If the customer is tradesman in the sense of § 1 HGB the duty of commercial inquiry and reprimand accrding to § 377 HGB is applied to him or her. If the customer neglects these duties of notification the merchandise counts as approved.

7.6
If the customer is a consumer he is asked to complain about the delivered merchandise with appearant transport damage directly to the deliverer and to notify the vendor. If the customer does not follow this procedure this has no impact on his statutory or contractual claims for compensation of defects.

7.7
Did the supplementary performance take place through a replacement delivery the customer is obligated to send the delivered merchandise to the vendor within 30 days at the cost of the vendor. The return shipment of the defective merchandise has to be carried out according to statutory law.

8. Liability

8.1
The vendor is liable for every legal reason without limitation in case of the violation of the life, the body or the health or due to gross negligance, fraudulent intent and promises of guarantee and if the liability according to binding statutory law, such as the law for product liablity.

8.2
Incidentally the vendor is liable for whatever legal reason as follows:

8.2.1
Insofar as the vendor has violated a duty essential in the sense of the contract due to gross negligance , the duty of compensation for damage of property is limited to the predictable, typical average damage. Essential duties in the sense of the contract are duties that the contract imposes on the vendor according to its content and for the obtainment of the purpose of the contract, whose fulfillment enables the duly fulfillment of the contract in the first place and on whose observation the customer can regularly count.

8.2.2
Insofar as the vendor has violated a non essential duty in the sense of the contract, the duty of compensation is limited to the value of the contract.

9. Applicable law

9.1
For all the legal relationships of the parties the law of the Federal Republic of Germany, excluding the laws about the international purchase of mobile merchandise, is applicable. For consumers this choice of law is applicable only insofar as the provided protection is not withdrawn due to binding statutes of the law of the state in which the consumer resides.

9.2
If the customer is a businessman or businesswoman, a jurisdictional person of public law or public separate assets, the exclusive court of jurisdiction from this contract is the official business location of the vendor. The same applies if the customer has no common place of jurisdication in Germany or within the EU or if the place of residence or usual dwelling at the time of the commencement of legal action is unknown. The authority to appeal to the court at a different legal place of jurisdiction remains untouched hereby.

9.3
The language of the contract is German.

B. Customer information

1. Information about the identity of the vendor

Imprint

Christian Mühlhaus
Greems Fashion
Eversbuschstr. 3a
80999 Munich
Tel: +49(0)89 12476682
Fax: +49(0)89 31567412
E-Mail: service@greems.de

VAT number: DE813916500
Tax number: 145/219/90342

2. Information about the essential properties of the merchadise or service. The essential properties of the merchandise or service result from the respective product description posted by the vendor.

3. Information about the closing of the contract
The closing of the contract is carried out according to cypher 2. of the General Terms and Conditions of the vendor (see above).

4. Information about payment and delivery
The payment is carried out according to cypher 4, the delivery according to cypher 5 of the General Terms and Conditions of the vendor (see above).

5. Information about the technical steps leading to the closing of the contract.
The closing of the contract is effected by offer and acceptance.

5.1
If the customer uses the online ordering form of the vendor for the order, he or she will submit his offer in the following way:

5.1.1
On the site for the offer of the merchandise of the vendor the customer clicks in the first step on the button "Buy Now". A new site is opened in which the content of the shopping basked is displayed.

5.1.2
Now the customer clicks directly or after he as placed further items in the virtual shopping basket on the button "Checkout". If the customer has not been registered or logged in, a new site will open. On this site the customer will have to log in in an intermediate step if he is already registered as a customer or register and create an account or register for a guest order. If he is already registered as a customer he will fill in the fields "Your email address" and "Your password" and will then click on the button "Register". If he is not yet registered as a customer he will click on the button "Register now". Then he will choose by clicking, if he wants to open an account or if he only wants to place a gurst order. After that he will fill in the form and will click on the button "Next". Another page is opened in which the billing address and the deliery address are shown and will provide the possibility to edit the addresses or add additional addresses.

5.1.3
Now the customer will click directly or after editing or adding addresses on the button "Next" in the third step.

5.1.4
A new site is opened on which the customer can choose the desired payment option in a fourth step by clicking on the respective option.

5.1.5
In the fifth step the customer clicks on the button "Next". A new site is opened in which the contents of the order are summarized.

5.1.6
In the sixth step the customer sets a tick in a box at:
"Hereby I accept the data protection terms and the general terms and conditions and I confirm having read the following instruction of revocation."

5.1.7
In the seventh step the customer clicks on "Send order".

5.2
The acceptance by the vendor is carried out according to cypher 2.3 of the General Terms and Conditions of the vendor (see above).

6. Information about the storage of the contactual text
The contractual text will be stored by the vendor and sent to the customer after the posting of his order in addition to the available General Terms and Conditions and customer information in the form of text (for example email, fax or letter). Additionnally the contractual text is archived on the website of the vendor and can be viewed by the customer free of charge via the customers password protected account after the specification of the login details if the customer has opened an account in the online store of the vendor before sending his order.

7. Information abiut the technical means to identify and correct entry errors
Before the binding placement of an order the customer can correct his entries permanently by the usual keyboard and mouse functions. In addition to that all entries will be shown in a confirmation screen and can there be corrected again by the usual keyboard and mouse functions before the binding placement of the order.

8. Information about the languages disposable for the closing of the contract
For the closing of the contract only German language is available.

9. Information about the codes of conduct the vendor has subjected himself to
The vendor has subjected himself to the quality criteria of Trusted Shops - these criteria can be viewed in the internet under: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html