Terms of payment, delivery and sale of hosieria.com
Hosieria Terms and Conditions
Responsible for the content and the copyright of all pages of www.hosieria.com:
Mr Ernst Mende (refered as „Hosieria“ as followed) operates the www.hosieria.com website to offer his customers internet purchases of clothing.
our offers are based on the following conditions (GTC):
1. Domain of Validity
The GTC applies to the entire business relation between the customer and HOSIERIA. All agreements between Hosieria and its customers are stipulated in written form in the GTC, as well as in the sales agreement.
2.Entering into Contract
2.1.All offers are subject to change without notice in regard of technical or any other amendments, such as: style, colour and/ or weight of products.
2.2 The Online-shop presentation of our products is not a legally binding offer but a non-binding online catalogue, merely requesting the release of offers.
You will have placed a binding order with us after having sent us your order of the goods, which have been added to the cart. To be able to do so, you are obliged to fill in the required personal data.
2.3. If Hosieria accepts the sales agreement, the reception of your order will be promptly confirmed by e-mail, by phone or by delivery of your ordered goods.
2.4. We conclude sales agreements with non-restrained legally compentent persons only. Placement of orders by persons under age is rejected and not carried out. Therefore, all necesssary personal data such as name, address and age are to be complete and true. The customers is obliged to to keep his password confidential and not to make it known to unauthorized parties in any form.
3. Text of Contracts and Data Protection
3.1. The text of a contract is stored. You can always view, download and store the GTC – even before the making of a contract . We store your ordering data according to the obligatory guidelines of the German Federal Law of Data Protection.
3.2. The protection of your data and its confidentiality is one of our – HOSIERIA`s - utmost concerns.
You can anonymously visit our online-shop at any time simply to get to a view of our product range. If you like to purchase anything, we will only store your data in agreement with you. We only store and use the personal data for the duration of the transaction to carry out orders, shipment and invoice settlement. The personal data therefore is the relevant data required for the before mentioned transactions e.g.: Name, address, date of birth, e-mail, bank details, profession. We will store the necessary data and it is not disclosed to third parties other than those required for processing order fulfilment.
3.3. HOSIERIA Is always willing to inform you on your personal data stored by us. You are always free to demand your data to be corrected, blocked or deleted at any time.
4. Prices and Terms of Payment
4.1. All Internet prices offered by HOSIERIA are final customer's prices in EUR. The VAT of 19% is included for the EC and Great Britain. The prices are net (VAT deducted) for all countries which are levied by import taxes. The prices are packaging and postage included and exclusively apply to orders placed with www.hosieria.com within the e-commerce frame.
4.2. The validity of the limited time offers is stated in correspondence with the particular product description. Despite careful stocking, items may be sold out faster than actually expected. Consequently, the items are available according to stockage and we cannot warrant a binding delivery. As long as the bought item is available, prices are subject to ordering date.
In general, items are classified available as long as they are in stock. Otherwise article no 5 of the GTC is applicable.
5. Delivery, right to withhold thereof, postage and packaging
5.2. We deliver by payment per the following modes: with invoice, by prepayment, by bank deduction, by credit card or by Paypal plus the stated costs of delivery. The ordered items are shipped either by Postal Service or by DHL respectively. The presumable period of delivery is indicated in the corresponding product description. If no information on the presumable delivery period is given, the delivery will be carried out within 30 days, the first day being the date of order. In case of prepayment the first day will be the date of prepayment reception.
5.3 HOSIERIA will advise you promptly on the soonest possible date of delivery. If an ordered article should not be available for an extensive amount of time, the delivery period should take more than 30 days from the date of the order or if HOSIERIA should be incapable of carrying out the delivery, we are obliged to immediately return services of any advanced payments.
5.4. For deliveries within the EC, shipping is charged according to the currently indicated charges. Deliveries to rest of the world can only be carried out on the condition of prepayment. The total amount is indicated in the e-mail confirmation of your order.
6. Revocation Instruction
# End of the revocation instruction #
7. Reservation of Proprietary Rights
If a delivery of goods should exceptionally be granted not by prepayment but by any of the other payment modes, the proprietary rights of the deliverd goods will only be transferred to the customer after the complete settlement of the account due. As long as goods are still the property of HOSIERIA, the customer has to promptly notify us in the case that any claims of property are declared by any third party.
8.1. The warranty is granted within a generally acceptable legal frame.
8.2. Warranty is not granted in case goods incurred damages due to faulty use, by wrong or careless treatment or by excessive overuse.
8.3. Conditions of Guarantee
The mere presentation of an article on our website serves primarily as a product description and does neither serve as a guarantee for the consistency of a product nor for the durability of which it is used. Individually declared guarantees by HOSIERIA have to be indicated as such explicitly in written form. Warrants declared hereby of any third party remain uneffected hereof.
9.1. In case of gross neglicence
According to legal requirements, HOSIERIA assumes unlimited liability for damages and injuries endangering the life, the mental or the physical health if these damages or injuries should have been caused by a deliberate or a negligent breach of contract by HOSIERIA, its legal representatives or any of HOSIERIA'S subcontractors. In addition HOSIERIA assumes unlimited liability for damages incurred within the frame of our national product liability law.
9.2. In case of ordinary neglicence
For damages caused by ordinary neglicence, HOSIERIA will assume liability only as much as this negligence concerns a breach of the contractual obligations and the adherence of which if the latter are of contractual significance or constitute the trustworthy conditions upon which the contract is based. However, HOSIERIA only assumes liability for foreseeable, common and typically average damages.
9.3. In case of minor neglicence.
In the case that minor negligence of marginal contractual obligations should occur, HOSIERIA does not assume liability towards entrepreneurs; HOSIERIA only assumes liability for foreseeable, common and typically average damages towards customers.
9.4. Any further liability of HOSIERIA is excluded without consideration of the legal nature of the asserted claim; this especially applies to tort liability claims or claims for compensation of futile efforts instead of performance.
9.5. As far as the liability is limited or excluded according to the abovementioned reasons, this limitation or exclusion of liability applies as well to the personal liability of HOSIERIA'S management and staff, subcontractors and accomplices.
10. Final Provisions
In case the customer is a merchant, legal entity under public law or a federal special fund under public law the place of jurisdiction for both parties shall be HOSIERIA's registered office in Hamburg.