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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 contracts that you conclude with us as the provider (Master Trade GmbH) via the website loopfashion.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their independent 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 already submit a binding offer to conclude 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." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to order" (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed to you as an order overview.

If you use an instant payment system as a payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you will either be redirected to the order overview page in our online shop or to the website of the provider of the instant payment system.
If redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment provider or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser), or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now", or similar designation), you legally declare acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries regarding the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. via email), which you can accept within 5 days (unless a different period is specified in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out partly automatically via email. You must therefore ensure that the email address you have provided is correct, that receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.

§ 3 Special Agreements on Offered Payment Methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", 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; "PayPal"). The individual payment methods via "PayPal" are displayed under a correspondingly designated button on our website and during the online order process. PayPal may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via "Shopify Payments"
If you select a payment method offered via "Shopify Payments", the Shopify Payments service of Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland), payment processing is carried out via the payment service provider Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland; "Stripe"). The individual payment methods via Shopify Payments are displayed under a correspondingly designated button on our website and during the online order process. Stripe may use other payment services for payment processing; if special payment conditions apply, you will be informed separately. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-payments/de.

§ 4 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following also applies:

a) We retain ownership of the goods until all claims arising from the ongoing business relationship have been fully settled. Pledging or transfer of ownership by way of security is not permitted before ownership of the reserved goods is transferred.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount arising from the resale; we accept this assignment. You remain authorized to collect the claim. However, if you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of 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 insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

(1) The statutory liability for defects applies.

(2) If you are informed of this before submitting your contractual declaration and it has been expressly and separately agreed, the limitation period for claims for defects for used goods is one year from delivery of the goods. The above limitation does not apply:

• to damages attributable to us resulting from injury to life, body, or health caused by negligence or intentional misconduct, or to other damages caused intentionally or by gross negligence;
• if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.

(3) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(5) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed agreed as the quality of the goods, but not other advertising, public promotions, or statements by the manufacturer.

b) In the event of defects, we shall provide warranty at our discretion by repair or replacement. If the remedy of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of defects is deemed to have failed after the second unsuccessful attempt, unless something else results from the nature of the goods, the defect, or other circumstances. In the case of repair, we do not have to bear the increased costs resulting from transporting the goods to a location other than the place of performance, provided that the transport 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:

• to damages attributable to us resulting from injury to life, body, or health caused by negligence or intentional misconduct, or to other damages caused intentionally or by gross negligence;
• if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
• for statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before another court with legal jurisdiction remains unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall expressly not apply.

II. Customer Information

1. Identity of the Seller

Master Trade GmbH
Drechslerstraße 2
21709 Himmelpforten
Germany
Phone: +4941442090
Email: info@loop-fashion.de

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

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 provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).

3. Contract Language, Storage of Contract Text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed or electronically saved using the browser’s print function. After receipt of the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print or electronically save.

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 listed in the respective offers and the shipping costs 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 accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process, and must be borne by you in addition, unless free shipping has been promised.

5.3. The available payment methods are shown under a correspondingly designated button on our website or in the respective offer.

5.4. Unless otherwise specified for the individual payment methods, the payment claims arising from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, 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, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by lawyers specializing in IT law from Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22.10.2024