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 (Fashiontrendshop GmbH) via the website www.cinque.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, 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 can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". you can call up the shopping basket via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or ähnliche Bezeichnung) and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order data as an order overview.
If you have selected an instant payment system as your 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 you are redirected to the respective instant payment system, you will 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 provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "Back" function of the Internet browser) or cancelling the order. cancel the order.
(4) Your enquiry regarding the preparation of a quotation is non-binding. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and Übermittlung of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment üvia Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; „Klarna“) we offer the following payment options. Payment is always made to Klarna:
For more information about Klarna and the Klarna terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment üvia "PayPal" / "PayPal Checkout"
When selecting a payment method that is offered üvia "PayPal" / "PayPal Checkout", payment is processed üvia the payment service provider PayPal (Europe) S. à.r.l..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 labelled button on our website and in the online ordering process. PayPal may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Retention of title, 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 shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. No pledging or provision of security shall be permitted prior to the transfer of ownership of the reserved goods.
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 that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, if you do not fulfil your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory defect liability rights apply.
(2) 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. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed by us prior to the submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, rectify the defect by repair or subsequent delivery.if the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as 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 normal use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of validity).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special trust 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 brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) 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
Fashiontrendshop GmbH
Otto-Hahn- Str. 6
85055 Ingolstadt
Germany
Phone: 0841 3708855
Email: info@cinquestore.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2 The full text of the contract will not be saved by us. Before sending the order via the online shopping basket system the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price.they can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
6.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transmission (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law 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 is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Statutory liability for defects
The 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 the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 22.10.2024
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 (Fashiontrendshop GmbH) via the website www.cinque.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, 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 can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the "shopping basket". you can call up the shopping basket via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Continue to order" (or ähnliche Bezeichnung) and entering the personal data as well as the payment and shipping conditions, you will finally be shown the order data as an order overview.
If you have selected an instant payment system as your 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 you are redirected to the respective instant payment system, you will 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 provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "Back" function of the Internet browser) or cancelling the order. cancel the order.
By sending the order via the corresponding button ("order subject to payment", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation) you declare legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and Übermittlung of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment üvia Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; „Klarna“) we offer the following payment options. Payment is always made to Klarna:
- Invoice („Pay Later“): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Immediateübank transfer („Pay Now“)
For more information about Klarna and the Klarna terms of use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment üvia "PayPal" / "PayPal Checkout"
When selecting a payment method that is offered üvia "PayPal" / "PayPal Checkout", payment is processed üvia the payment service provider PayPal (Europe) S. à.r.l..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 labelled button on our website and in the online ordering process. PayPal may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 4 Retention of title, 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 shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall also apply:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. No pledging or provision of security shall be permitted prior to the transfer of ownership of the reserved goods.
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 that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. However, if you do not fulfil your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 5 Warranty
(1) The statutory defect liability rights apply.
(2) 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. If you fail to do so, this shall have no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed by us prior to the submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty regulations:
a) Only our own information and the manufacturer's product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, rectify the defect by repair or subsequent delivery.if the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as 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 normal use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law, place of fulfilment, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of validity).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special trust 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 brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) 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
Fashiontrendshop GmbH
Otto-Hahn- Str. 6
85055 Ingolstadt
Germany
Phone: 0841 3708855
Email: info@cinquestore.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/consumers/odr.
We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German .
3.2 The full text of the contract will not be saved by us. Before sending the order via the online shopping basket system the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have subjected ourselves to the quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and payment methods
6.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 The shipping costs incurred are not included in the purchase price.they can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.
6.3. If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Costs incurred for money transmission (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
6.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law 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 is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Statutory liability for defects
The 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 the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 22.10.2024