Terms and Conditions
General terms and conditions of the online shop “2002”
Purchase contract
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General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Gordana Wimmer) via the website
www.giordana.de. Unless otherwise agreed, the inclusion of any personal data you may use will
Conditions contradicted.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that
predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any
natural or legal person or a partnership with legal capacity, which, when concluding a legal transaction, in the exercise of its
self-employed professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to
Conclusion of a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can
You can access the "shopping cart" and make changes there at any time.
After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, you will
Finally, the order data is displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as your payment method, you will
either to the order overview page in our online shop or to the website of the provider of the instant payment system
forwarded.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there.
Finally, on the website of the provider of the instant payment system or after you return to our online shop
The order data is displayed as an order overview.
Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also
using the "back" function of the Internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with payment" or similar term),
You accept the offer in a legally binding manner, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer to you in
In text form (e.g. by email), which you accept within 5 days (unless another period is specified in the respective offer)
can.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place
by email is partly automated. You must therefore ensure that the email address you have provided to us is correct,
the receipt of emails is technically guaranteed and in particular is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full
Prior to the transfer of ownership of the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of
of the invoice amount that you receive from the resale, we accept the assignment. You are further obliged to
To the extent that you do not properly meet your payment obligations, we reserve the right
However, we intend to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value
the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our
Collateral exceeds the claim to be secured by more than 10%. The selection of the collateral to be released is our responsibility.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and
to check for transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this,
This has no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:
a) Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, not
but other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty at our discretion by repair or replacement. If the remedy of the defect fails,
you can choose to demand a reduction or to withdraw from the contract. The remedy of the defect is deemed to be
Attempt shall be deemed to have failed unless the nature of the item or the defect or other circumstances indicate otherwise.
In the event of repair, we do not have to bear the increased costs incurred by transporting the goods to a
other than the place of performance, provided that the transfer does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- damages caused by our negligence resulting from injury to life, body or health and
other damage caused intentionally or through gross negligence;
- if we have fraudulently concealed the defect or have provided a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their usual use and whose defectiveness
caused;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 5 Choice of law
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that it does not affect the legal basis of mandatory provisions of German law.
the protection afforded by the country of the consumer’s habitual residence is not withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. Customer information
1. Identity of the seller
Gordana Gaby Wimmer
Southern Munich Street 24
82031 Grünwald
Germany
Phone: 08944478878822
Email: md@online.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at
https://ec.europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations “Conclusion of the contract” in our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1 The contract language is German.
3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system
The contract data can be printed out or saved electronically using the browser's print function. After receipt of the
When you place an order with us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions
Terms and conditions will be sent to you again by email.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data within the framework of a binding
Offer sent in text form, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment terms
5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be paid via a correspondingly labelled button on
our website or in the respective offer, are shown separately during the ordering process and are
You will have to pay additional costs unless free shipping has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as
e.g. customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions) that you have to pay
are wearing.
5.4. Any costs incurred in transferring money (transfer or exchange rate fees of the credit institutions) are to be borne by you in the cases
where the delivery takes place in an EU member state but the payment was made outside the European Union.
5.5. The payment methods available to you are indicated under a corresponding button on our
website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately
due for payment.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a
correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the
sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur
or have commissioned another person to carry out the shipment.
If you are an entrepreneur, delivery and shipping are at your risk.
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RETURN POLICY
Return within 14 days of receipt of the goods.
Item in original condition: unworn, unwashed, stain-free, no animal hair with all tags/labels
on the item of clothing. (Otherwise we reserve the right to issue a partial credit.)
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7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are
permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the
In the event of warnings. For more information, see: https://www.haendlerbund.de/de/dienste/rechtssicherheit/agbservice .
last update: 27.10.2020
- 2 – Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include 19% VAT.
(2) The provider delivers, at the customer's discretion, against advance payment by bank transfer or against advance payment via PayPal. For payment by bank transfer, the customer receives the provider's bank details together with the contract confirmation; the provider only accepts transfers from abroad free of charge in euros.
(3) To pay using a voucher, the customer can enter a voucher code in the shopping cart. The invoice amount will be paid in the amount of the voucher value. If the value of a voucher is higher than the invoice amount, the voucher remains valid for the excess amount. The balance of a voucher will not be paid out in cash and will not accrue interest. Vouchers are transferable. Only one voucher can be redeemed per order and this can only be redeemed before the order process is completed. Subsequent offsetting is not possible. Further conditions can be found in the voucher.
(4) The customer is subject to a payment period of one week from receipt of the contract confirmation. The provider will hold the requested goods for the customer during the payment period. It is the customer's responsibility to make payment in good time so that it is received by the provider within the period. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment is not received by the end of the period. Any payment received from the customer after withdrawal will be refunded to the customer.
- 4 – Shipping, delivery times
(1) The provider delivers the goods within the time period specified in the respective product description from payment.
(2) For shipments to destinations outside Germany, the delivery time increases by a further 3-10 working days, depending on the destination country.
(3) If the customer is responsible for the undeliverability of a shipment (e.g. if the customer has provided an incorrect or incomplete delivery address), a new delivery attempt will only be made if the customer covers the costs of the new shipment. The new shipping costs correspond to the shipping costs agreed upon when the contract was concluded. The provider will inform the customer of the necessary costs of a new delivery by email. A new shipment will only be made after payment of these costs has been received.
- 5 – Warranty, liability for defects
(1) The warranty rights (liability for defects) of the purchaser are governed by the statutory provisions.
(2) For a customer who purchases as an entrepreneur, the following shall apply, notwithstanding paragraph 1:
- a) Only the information provided by the supplier and the product description provided by the manufacturer are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements made by the manufacturer.
- b) The purchaser is obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify the provider of obvious defects in writing within 14 (fourteen) days of receipt of the goods. To meet the deadline, it is sufficient to send the notification in good time. This also applies to hidden defects discovered later. If this obligation to examine and notify is violated, the purchaser's warranty claims are excluded.
- c) The limitation period for defects is one year from delivery of the goods. This shortened warranty period does not apply to goods that have not been used in accordance with their usual purpose for a building and have caused its defects, for damages resulting from injury to life, body or health that are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider, or for other damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider, as well as in the event that the provider has fraudulently concealed the defect.
- 6 – Product Reviews
(1) If the provider allows the customer to provide personal reviews for products purchased by him, the provider reserves the right to publish the respective product review anonymously in the online shop. Publication will take place after approval by the provider.
(2) The customer is obliged to provide only truthful information in the reviews submitted and to comply with the legal provisions. The reviews submitted by users must be factual and must not contain defamatory criticism. The review must not contain any advertising for other articles or references (links) to other sources of information (e.g. websites).
(3) By submitting the review to the provider, the customer grants the provider the non-exclusive, temporally unlimited, spatially unlimited and content-wise unlimited right to use and exploit the review text extensively within the website, including for the purpose of commercial marketing. In addition, the provider is given the opportunity to use the work in any form of self-promotion.
(4) The provider is entitled to delete reviews that have already been submitted at any time and at its own discretion.
- 7– Data protection information
(1) The provider collects and processes the data entered by the customer as part of his purchase for the purpose of processing and fulfilling the contract. This includes in particular the name, address and email address of the customer. If the customer has provided further data as part of his order (e.g. a different delivery address or a telephone and/or fax number), these will also be transmitted.
(2) The provider processes the data specified in paragraph 1 electronically for the proper performance of the contract, in particular for shipping, invoicing and the recording of payments. For the purpose of shipping, the provider can also transmit the customer's data specified in paragraph 1 to the commissioned shipping company.
(3) The provider will keep the data stored until all mutual claims arising from the order have been fully settled and the provider’s commercial and tax retention obligations have expired.
(4) If the customer uses the PayPal service for payment, the PayPal data protection provisions also apply to the payment process. PayPal acts as the customer's vicarious agent, not the provider's.
(5) The customer can request information from the provider at any time about the data that the provider has stored about the customer. The customer can also request the correction of incorrect data at any time.
(6) The responsible body for data protection is the provider named in Section 1 paragraph 1.
- 8 Use of articles from 2002/Copyright
Please note that imitation of the covers and all design items is an infringement
against obligations arising from the contract with Gordana Wimmer and should therefore be avoided.
It does not matter whether an oral or written contract was concluded and whether the
The obligation to refrain from doing so was expressly mentioned in the contractual agreement. In the event of any breach of
The company has the obligation to cease and desist, to demand information and to compensate for damages.
If necessary, claims will be asserted in court. In particular, it can also be through a provisional
The use of counterfeit items at festivals and other events at short notice
be prohibited, whereby such an order shall be enforced with the help of the bailiff.
The Company 2002’s claims to refrain from imitating the articles shall continue to exist even after termination
of the current contract. All images, texts and other content are protected by copyright.
Any unauthorized use, reproduction, for private, commercial or other purposes is
prohibited and will be prosecuted. The place of jurisdiction is the registered office of Giordana, Wimmer Gordana.
- 9 – Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) In the event that the customer is a merchant, a corporation under public law or a special fund under public law, the parties agree that the place of performance and exclusive jurisdiction shall be the registered office of the provider in 82031 Grünwald, Germany.
(3) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not limit the validity of the remaining provisions.