TERMS & CONDITIONS

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RIGHT OF WITHDRAWAL –
AND FORM

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TERMS
& CONDITIONS

1. – GENERAL

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) from mable, Katja Heidrich, Oberweg 6, 82008 Unterhaching, e-mail: post(at)mableonline.com (hereinafter “Seller”), apply to all contracts concluded by a consumer or entrepreneur ( hereinafter referred to as “customer”) with the seller regarding the goods and/or services presented by the seller in his online shop. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

 

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers and gift codes, unless expressly stipulated otherwise.

 

1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. – PRODUCTS IN SHOP

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

 

2.2The customer can submit the offer using the online order form integrated into the seller’s online shop. Process: After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process. . Furthermore, the customer can also make the offer to the seller by post, email, fax or telephone.

 

2.3 The seller can 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 the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after placing his order – depending on the payment method chosen by the customer – or by collecting the payment from the customer or his payment service provider.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer’s offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

 

2.4 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer.

 

2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. However, the contract text is no longer accessible on the seller’s website after the order has been sent.

 

2.6 Before bindingly submitting the order via the seller’s online order form, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

 

2.7 Only English and German are available for concluding the contract.

 

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this 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 generally have a right of withdrawal.

 

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy, which can be downloaded as a PDF using the icon at the beginning of this page or HERE.

 

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4. – PRICES, COSTS & PAYMENT OPTIONS

4.1 Unless otherwise stated in the seller’s product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise 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 must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.

 

4.3 Various payment options are available to the customer, which are specified in the seller’s online shop.

 

4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.

 

4.5 If you select the payment method “PayPal”, payment is processed via the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, which can be viewed at https://www.paypalobjects.com/webstatic/de_DE/ua/pdf/ua.pdf. This requires, among other things, requires that the customer opens a PayPal account or already has such an account.

5. – DELIVERY

5.1 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery time is stated for the respective item, especially for orders that are only manufactured after the order has been placed (“made-to-order”), this can add up to 3 weeks to the shipping time. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.

 

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.

 

5.3 Self-collection is possible by prior arrangement from our studio in Unterhaching.

 

5.4 If an ordered item is not available because we are not supplied with this item by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, suggest delivery of a comparable item. If no comparable product is available or you do not wish a comparable product to be delivered, we will immediately reimburse you for any payments that have already been made.

 

5.5 Vouchers are provided to the customer as follows: by post when ordering a voucher in paper form, by email when ordering as a code, redeemable in the seller’s online shop

6. – RETENTION OF TITLE

6.1 If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7. – DEFECTS

7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

 

7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

 

7.3 In the case of custom-made products, the seller generally has the right to make repairs that are within the scope of the written offer. No liability is assumed for incorrect measurements of body measurements by the customer. Cancellation and exchange/complaints are excluded.

8. – PROMOTIONAL VOUCHERS

8.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.

 

8.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

 

8.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

 

8.4 Only one promotional voucher can be redeemed per order.

 

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

 

8.6 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 chosen to pay the difference.

 

8.7 The balance of a promotional voucher will neither be paid out in cash nor interest.

 

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

9. – GIFT VOUCHERS

9.1 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 the voucher states otherwise.

 

9.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

 

9.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

 

9.4 Multiple gift vouchers can also be redeemed with one order.

 

9.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

 

9.6 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 chosen to settle the difference.

 

9.7 The balance of a gift voucher will neither be paid out in cash nor interest.

 

9.8 The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

10. – CUSTOMIZED PRODUCTS

10. – CUSTOMIZED PRODUCTS

10.1 The customer orders clothing items from the seller that are individually made according to the customer’s body measurements and wishes based on the current basic models.

 

10.2 The customer can place his order personally with the seller or by placing a written order via email. The customer can measure dimensions themselves according to our instructions or have them measured by the seller after prior agreement and an additional charge. In the case of third-party dimensions, any warranty regarding fit is excluded.

10.3 The customer is obliged to check the items and shapes noted on the order, as well as any special requests, before sending the order. The seller assumes no liability for any typographical errors.

 

10.4 Requests for changes cannot be taken into account if production of the garment in question has already begun or the order has been approved by the customer for the factory.

 

10.5 If the customer’s size or weight changes between acceptance of the order and collection, the seller does not guarantee the fit.

 

10.6 In the event of force majeure (such as war, revolution, storms or political upheavals) and in all other circumstances for which we are not responsible (such as labor disputes, official measures or external operational disruptions), in particular in the event of disruptions in the operational processes of upstream suppliers, for which we are not responsible were recognizable and also in the event of transport difficulties on the part of the upstream supplier and in the event of problems in the delivery of the goods to us despite careful selection of the freight company, the seller is entitled to postpone the delivery of the purchased item until a reasonable period of time has elapsed after the impossibility or any resulting inability has been eliminated.

 

10.7 If a delivery date has been expressly agreed upon and it cannot be met for reasons for which the seller is responsible, the seller will grant a subsequent delivery period of 8 weeks. If the aforementioned grace period or another reasonable grace period set by the buyer has expired without result, the buyer has the right to withdraw from the purchase contract.

 

10.8 Outer material is a changeable material and, despite the most careful processing, even using the same dimensions, can behave differently from case to case for many reasons. There may therefore be slight deviations in quality, color and fit that are technically unavoidable.

 

10.9 Complaints must be reported to the contractor no later than 1 week after receipt of the goods. Otherwise, no changes or additions need to be made.

 

10.10 Customary or minor, technically unavoidable deviations in quality, color or fit cannot be objected to.

 

10.11 Items made according to personal wishes and dimensions are excluded from the statutory right of withdrawal. More information about this in the right of withdrawal. In addition, the seller cannot offer returns for custom-made items. The customer confirms this when submitting the custom-made order.

 

10.12 Reimbursement for a custom-made item is only possible in the event of gross negligence on the part of the seller. Reasons for a refund are gross deviations from the sketch or example photos or the use of incorrect materials. The replacement of equivalent materials is not affected by this. The seller has the right to rectification after discussing and documenting the defects within 2 weeks of the written transmission (by email or post) of the defects by the customer.

 

10.13 In the event of a refund, this will always be made less the cost of materials. These are listed individually in the offer.

11. – LEGAL STATUS

11.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12. – JURISDICTION

12.1 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer’s registered office.

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

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