General Terms and Conditions
(Issued: May 2015)
1 Scope and Parties
(1) These General Terms and Conditions, in the version applicable at the time an order is placed, govern the relationship between EX ARCA GmbH International, Stefan-George- Ring 29, 81929 Munich Germany, (the „Seller“) and the customer (the „Customer“), and apply to transactions at the Online Store (www.miguelcaballerofashion.com). When placing an order the Customer can access the General Terms and Conditions via the links in the Online Store or save them on his computer and/or print them out. The General Terms and Conditions that apply to the Customer's order will, however, be sent to him separately, together with the acknowledgment and receipt or contract confirmation, as well as when the goods are delivered, on a durable storage media (e.g. as an e-mail, pdf attachment or printout on paper).
(2) The following company provides customer service for the Online Store on the Seller's behalf. The Customer may contact it with questions, requests or complaints:
Miguel Caballero Fashion Online Store, Stefan-George- Ring 29, 81929 Munich Germany, Phone: +49 (0)89 30 90 40 250 Fax: +49 (0)89 30 90 40 254, E-mail: firstname.lastname@example.org
(3) The range of goods in the Online Store is aimed only at consumers of legal age whose habitual place of residence is in the EU and who can provide a delivery address there.
2 The Order Process
(1) The Online Store merely constitutes an invitation to the Customer to make an offer to enter into a purchase contract for the goods presented in the Online Store.
(2) The Customer may select items from the Seller's range of goods and collect these in a "Shopping Bag" by clicking on the "Add to Shopping Bag" button. By clicking on the button “Order and pay on acceptance”", the Customer makes an offer to purchase the goods that are in his Shopping Bag (the „Order“).
(3) Before placing an Order, the Customer can view and amend the details of his Order at any time by clicking on the "Shopping Cart & Buy now" button.
(4) After submitting his Order, the Customer will automatically be sent an acknowledgment of receipt by e-mail with a summary of the details of his Order. This automatic acknowledgment of receipt does not constitute acceptance of the Customer’s offer by the Seller; it merely documents the fact that the Seller has received the Customer’s Order.
(5) A binding contract of sale is first concluded when the Seller accepts the Customer’s Order. The Seller is entitled but not obliged to accept the Customer's offer within 7 days from its receipt. The Seller declares its acceptance by sending the Customer the invoice of the sale by e-mail (also referred to as the "Contract Confirmation").
(6) The afore going also applies where, due to his selected method of payment, the Customer has already paid the purchase price or given payment instructions before the conclusion of the contract. If for any reason no contract is concluded, the Seller will notify the Customer of this by e-mail (in the case of contractual acceptance in respect of part of the Order, it will do this together with Contract Confirmation in respect of available items), and refund the Customer the pre-payment without delay.
(7) The Customer's statutory right of withdrawal (see § 7) remains unaffected by the preceding provision.
(8) The contract is concluded in English. The Seller will save a copy of the contract wording (consisting of the Order, the General Terms and Conditions and the Contract Confirmation), and forward it to the Customer.
3 Delivery, Delivery Times, Availability of Goods
(1) Unless agreed otherwise, the goods will be delivered to the Customer at the delivery address provided. Delivery is only available within the EU. The Seller will notify the Customer of the delivery time, where appropriate, during the order process, and in the dispatch confirmation. Unless otherwise stated, delivery time can be 3 days to a maximum of 10 weeks.
(2) After the goods have been handed over to the carrier, the Customer will receive an e-mail with a confirmation of dispatch from the Seller and a tracking link allowing him to monitor the delivery status of his Order.
(3) If the Seller is unable for reasons beyond his control to meet a binding delivery deadline (unavailability of goods, for example, due to failure of the Seller's own supplier to deliver or force majeure), it will inform the Customer without delay and, where applicable, specify a new estimated date of delivery. If the new delivery time is unacceptable to the Customer or the goods are also not available within the new delivery time or not available at all, either party will be entitled to rescind the contract in respect of the goods concerned; in this case the Seller will give the Customer a refund for any payment already made. Any statutory rights of the parties will remain unaffected.
4 Prices and Delivery Charges
(1) All of the prices listed on the Seller’s website include the currently applicable statutory value-added tax.
(2) The Seller will notify the Customer, where applicable, of the delivery charges as well as of any additional charges, on the order form immediately before the Order is placed. The Customer will bear the notified delivery charges and any additional charges unless agreed otherwise.
(3) customs and taxes charges are for client. europa, no extra charges
(1) The Seller only accepts the methods of payment shown during the order process.
(2) To protect itself against the risk of default in payment by the Customer, the Seller reserves the right to exclude certain methods of payment in an individual case.
(3) Payment methods: there are 3 payment options on the www.miguelcaballerofashion.com website:
(5.3.1) Payments can be done with Visa, Mastercard, American Express, JCB and Diners Club International credit cards. They will be made through the S-Internetkasse secured system of the Stadtsparkasse Bank, which uses SSL (Secure Socket Layer) so that the transmitted information is encrypted by software and no third party can read it during transfer over the network. This system has the certificate "PCI DSS compliance" conducted by the VÖB-ZVD Processing Institute of the Deutsche Bank.
(5.3.2) Payments can be done with your secured online banking interface with SOFORT: Pay by bank transfer with ease. You only need access codes to your usual online banking and confirm the transfer order will be made by your bank safely. No registration is required. To select your bank, indicate your country and select the bank where you have an online account and you want to use for your transfer. A confirmation code sent by your bank (for example by SMS or by card reader) will be asked to sign your transfer. Please enter this code.
The system developed by SOFORT Banking is one of the safest online payment systems. With SOFORT you use the classic online banking procedure. In particular, the confirmation code (TAN) offers a high degree of protection from misuse, because it can be used only once and then immediately becomes invalid. Entry of your online banking login details such as your PIN and the relevant TAN occurs exclusively in the secure payment form of SOFORT AG and not on the merchant's website. This ensures that the merchant does not gain access to sensitive information (such as PIN and TAN). The transfer of data occurs only via connections secured with up to AES 256 bits. SOFORT AG itself does not store any sensitive information like PIN and TAN, but carries out the transaction solely as a technical service provider. The online banking details like PIN and TAN are never visible to third parties or the employees of SOFORT AG. To ensure the security of your information at all times, we rely not only on our own expertise. To ensure the security of your long-term data, SOFORT is regularly audited and certified by the German TÜV Saarland organization for control and standardization that delivers them the certificate.
(5.3.3) Payments can be done by conventional bank transfer. When you choose this option, an invoice will be sent by email to you on behalf of our company, ARCA EX GmbH, mentioning our bank details so that you can make a transfer yourself. Your order will be confirmed only when your bill payment will be cashed in our own account.
6 Retention of Title
The goods remain the property of the Seller until the Customer has paid the purchase price in full.
7 Right of Withdrawal
(1) Consumers have a legal right of withdrawal in the case of goods bought at a distance. In accordance with the legal provisions, we would like to inform you about this right as follows:
INSTRUCTIONS ON WITHDRAWAL
|Right of withdrawal:|
You have the right to withdraw from this contract within 14 days without giving any reason.
The time limit for withdrawal is 14 days from the day that you acquire, or a third party named by you who is not the carrier, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us (see below for contact details) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
You can also exercise your right of withdrawal by returning the relevant item to us, together with the pre-printed returns label that was included with the delivery, within the time limit for withdrawal; no separate declaration is then necessary.
To exercise your right of withdrawal within the withdrawal period, it is sufficient for you to send a notice concerning your exercise of the right of withdrawal before that period has expired, or fill in the Product Returns Formular on the link here.
Contact details for the exercise of the right of withdrawal:
- To exercise your right of withdrawal by letter, please write to:
Miguel Caballero Fashion
- To exercise your right of withdrawal by e-mail, please e-mail us at: email@example.com
- To exercise your right of withdrawal by fax, please fax us at: Fax: +49 (0)89 30 90 40 254
- To exercise your right of withdrawal by telephone, please phone: Phone: +49 (0)89 30 90 40 250
- To exercise your right of withdrawal by returning the goods, please send them to:
Miguel Caballero Fashion online store
|Effects of withdrawal:|
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the economical standard delivery offered by us), without undue delay and in any event not later than 14 days from the earlier of the day on which we receive the returned goods from you or evidence that you have sent them back. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise with you; in any event, we will not impose any fee for such reimbursement.
We may withhold reimbursement until we have received the returned goods or until you have supplied evidence of having sent back the goods, whichever is the earliest. The package has to include the following:
. Ordered Miguel Caballero garment (T-Shirt or Jacket for example)
. Travel bag protection
. Miguel Caballero customized wood hanger
. Instruction Book
. Sealed labeling
. Wrapping papers
You shall send back the goods or hand them over to us without delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us (see above). The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods (damaged or stained) or if the goods were handled in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.
|Exclusion of the Right of Withdrawal: |
. No right of withdrawal exists inter alia in the case of contracts for the supply of non-prefabricated goods made on the basis of an individual choice of or decision by the consumer or which are clearly personalized.
. The supply of sealed goods which were unsealed after delivery and are thus not suitable for return due to health protection or hygiene reasons.
(2) In accordance with the statutory provisions, we would like to inform you about the model withdrawal form as follows. However, it is not mandatory to use this form.
(Complete and return this form only if you wish to withdraw from the contract)
To Miguel Caballero Fashion online store
I hereby give notice that I withdraw from my contract of sale of the following goods:
Name of consumer:
Address of customer:
(3) As an extension of the statutory provisions:
If the Customer exercises his right of withdrawal, the Customer will bear the direct cost of returning the goods.
The Customer has certain rights under the law. These include: (8.1) that any products supplied by the Seller will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on the Online Store and (8.2) certain remedies if a product is defective.
Nothing in these General Terms and Conditions is intended to affect these rights. For more information about your legal rights in the EU contact your local Citizens Advice Bureau or Trading Standards Office. The Seller will only be liable for loss or damage in accordance with the provisions of § 9.
(1) The Seller does not exclude liability for fraud or for death or personal injury caused by its negligence or that of its employees or agents.
(2) The Seller is not responsible for losses and damage that the Customer might suffer which are:
- Not caused by the Seller’s breach of these General Terms and Conditions;
- A side effect of the main loss or damage and which are not reasonably foreseeable by you and us when the Customer begins to use the Website;
- A result of the Seller’s failure to provide the Website (or any part of it) or withdrawal of products from the Website or a result of our refusal to accept an order for any reason;
- Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to the Customer’s use of the Website (including your downloading any content from the Website or any website linked to it);
- Failure by the Seller to meet any of its obligations where is prevented from doing so by events beyond its control (including, but not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity, earth quake and other acts of God).
(3) The Seller’s total liability to the Customer for any loss or damage arising in connection to this Agreement will be limited to 150% of the value of products purchased by the Customer.
(4) The aforementioned limitations on liability are also valid for the legal representative and agents of the Seller.
(5) The aforementioned limitations on liability do not apply where the Seller has fraudulently concealed a defect or has guaranteed that the goods are of a certain nature.
10 Choice of Law and Jurisdiction
Contracts between the Seller and the Customer as well as these General Terms and Conditions are governed by the laws of the Federal Republic of Germany and the jurisdiction of the EX ARCA GmbH office in Munich Germany (Miguel Caballero Fashion).