Terms of service

Table of contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of cancellation
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Applicable law
  10. Place of jurisdiction
  11. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTCs’) of the company FOX'S Mode GmbH & Co KG (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Customer’) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the scope of these GTCs is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.3 An entrepreneur within the scope of these GTCs is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The Seller may 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 e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, 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 the order has been placed.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as: ‘PayPal’), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected in the online order process, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When submitting an offer through the Seller's online order form, the text of the contract is saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Seller will not make the text of the contract available beyond that. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before placing a binding order through the Seller's online order form, the Customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that finalises the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Orders are generally processed and contact established by e-mail and automated order processing. The Customer must ensure that the e-mail address they provided for order processing is correct so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller to process the order can be delivered.

3) Right of cancellation

3.1 Consumers are generally entitled to a right of cancellation.

3.2 Further information on the right of cancellation can be found in the Seller's cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.3 If a payment method offered via the ‘PayPal’ payment service is selected, the payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal for which they make advance payments to the Customer (e.g. purchase on account or payment by instalments), they assigns their payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in the event of a negative test result. If the selected payment method is authorised, the Customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, the Seller remains responsible for general Customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes, even in the event of the assignment of claims.

4.4 When selecting a payment method offered via the payment service ‘Shopify Payments’, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter ‘Stripe’). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on ‘Shopify Payments’ is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.5 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in co-operation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the provider assigns its claim for payment. Secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the Customer order has been sent in the online shop. The provider remains responsible for general Customer enquiries, e.g. regarding returns, complaints, cancellation notices and returns or credit notes, even if the payment method credit card payment via secupay AG is selected.

4.6 If the payment method ‘Riverty instalment payment’ is selected, payment shall be processed through Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter referred to as ‘Riverty’), to which the Seller assigns his payment claim. Before accepting the Seller's declaration of assignment, Riverty shall carry out a credit check using the Customer data provided. The Seller reserves the right to refuse the Customer the payment method ‘Riverty Instalment Payment’ in the event of a negative test result. If the payment method ‘Riverty instalment payment’ is permitted by Riverty, the Customer shall pay the invoice amount to Riverty in accordance with the conditions specified by the Seller, which shall be communicated to the Customer in the Seller's online shop. In this case, the Customer can only make payment to Riverty with debt-discharging effect. However, the Seller remains responsible for general Customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes, even in the event of the assignment of claims. In addition, the Special Terms and Conditions for Subsequent Payment by Instalments (Riverty Instalment Payment), which are available on the Internet at https://www.riverty Ratenzahlung.de/service-integration/marketingmaterial-schulung/allgemeine-geschaeftsbedingungen/.

5) Delivery and dispatch conditions

5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This stipulation does not apply with regard to the costs for the return shipment if the Customer effectively exercises their right of cancellation. If the Customer effectively exercises the right of cancellation, the provision made in the Seller's cancellation policy shall apply to the return costs.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the Customer or a person authorised to receive them. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer, even in the case of consumers, as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or organisation otherwise designated to carry out the shipment and the Seller has not previously named this person or organisation to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of title

If the Seller makes advance payment, it shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

  • the Seller has the choice of the type of subsequent fulfilment;
  • the limitation period for defects in new goods is one year from delivery of the goods;
  • rights and claims due to defects are excluded for used goods;
  • the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

7.2 The aforementioned limitations of liability and shortening of time limits shall not apply

  • for claims for damages and reimbursement of expenses by the Customer,
  • in the event that the Seller has fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
  • for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch (HGB)), he shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer is acting as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this circumstance. If the Customer fails to do so, their statutory or contractual claims for defects shall not be affected.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason

  • in the event of intent or gross negligence,
  • in the event of wilful or negligent injury to life, limb or health,
  • on the basis of a guarantee promise, unless otherwise agreed,
  • due to mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above-mentioned liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10) Place of jurisdiction

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 territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be 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 place of business.

11) Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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