Terms of service

Table of Contents

1. Scope
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Payment Conditions
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Vincenzo Allocca (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own conditions is hereby objected to unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of vouchers unless otherwise regulated.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the 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 enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.

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), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after placing the order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry 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 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller declares the acceptance of the Customer's offer at the time when the Customer clicks the button concluding the ordering process.

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

2.6 Before submitting the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical means for better recognition of input errors can be the enlargement function of the browser, 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 the button concluding the ordering process.

2.7 The German language is available for the conclusion of 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 provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

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

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the product description of the Seller, the prices indicated are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred will be specified 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 When selecting a payment method offered via the payment service "PayPal," the payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If the Seller also offers payment methods via PayPal where he makes an advance payment to the Customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the declaration of assignment of the Seller, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the Customer the selected payment method in case of a negative check result. If the selected payment method is permitted, the Customer must pay the invoice amount within the agreed payment period or payment intervals. In this case, the Customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The Seller remains responsible for general Customer inquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and returns or credits, even in the event of assignment of claims.

4.4 When selecting a payment method offered via the payment service "Shopify Payments," the payment processing is carried out via 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 will be communicated to the Customer in the Seller's online shop. To process payments, Stripe may use other payment services for which special payment conditions may apply, and the Customer may be separately informed of these. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de.

4.5 When selecting a payment method offered via the payment service "Klarna," the payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's conditions can be found here: https://sawafashion.de/policies/shipping-policy.

5) Delivery and Shipping Conditions

5.1 If the Seller offers the shipment of the goods, the delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.

5.2 If the delivery of the goods fails for reasons that the Customer is responsible for, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply regarding the costs of the return if the Customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the Seller's cancellation policy applies when the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a recipient authorized to receive the goods only upon handover. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer when acting as a consumer as soon as the Seller has delivered the item to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has instructed the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution 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 only applies if the non-delivery is not the responsibility of the Seller and he has concluded a concrete hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the Customer will be informed immediately, and the consideration will be refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 Vouchers will be provided to the Customer as follows:

- by email

6) Retention of Title

If the Seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the following regulations, the statutory liability for defects applies. Deviating from this, for contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

- the Seller has the choice of the type of supplementary performance;
- the limitation period for defects in new goods is one year from delivery of the goods;
- the rights and claims for defects in used goods are excluded;
- the limitation period does not start anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above-mentioned limitations of liability and shortening of deadlines do not apply

- to 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 in accordance with their usual purpose for a building 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 delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any statutory recourse claims remain unaffected.

7.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to examine and give notice of defects in accordance with § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.

7.5 If the Customer acts as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller accordingly. If the Customer does not comply, this has no effect on his statutory or contractual claims for defects.

8) Redemption of Promotional Vouchers

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

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

8.3 Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

8.4 Only one Promotional Voucher can be redeemed per order.

8.5 The value of the goods must at least equal 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 insufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.

8.7 The balance of a Promotional Voucher will neither be paid out in cash nor bear interest.

8.8 The Promotional Voucher will not be refunded if the Customer returns the goods paid for wholly or partly with the Promotional Voucher within the scope of his statutory right of withdrawal.

8.9 The Promotional Voucher is only intended for use by the person named on it. Transfer of the Promotional Voucher to third parties is excluded. The Seller is entitled, but not obliged, to verify the material entitlement of the respective voucher holder.

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the voucher.

9.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining balances will be credited to the Customer until the expiry date.

9.3 Gift Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.4 Multiple Gift Vouchers can also be redeemed for one order.

9.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further Gift Vouchers.

9.6 If the value of the Gift Voucher is insufficient 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 bear interest.

9.8 The Gift Voucher is transferable. The Seller can render performance 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 non-entitlement, legal incapacity, or lack of authority of the respective holder.

10) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

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 point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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

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