General Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal Period: The period within which the consumer can exercise their right of withdrawal.
Consumer: A natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Ongoing Contract: A distance contract relating to a series of products and/or services, with obligations spread over time.
Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future reference and unaltered reproduction.
Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers through distance selling.
Distance Contract: An agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, using one or more means of distance communication exclusively until the contract is concluded.
Means of Distance Communication: Tools that can be used to conclude a contract without the consumer and entrepreneur being physically present at the same time.
General Terms and Conditions: These general terms and conditions of the entrepreneur.
Article 2 - Identity of the Entrepreneur
Company Name: William Fashion
Email Address: info@williamfashion.com
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and every distance contract or order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate where the terms can be inspected electronically and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the entrepreneur may provide the terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not possible, the entrepreneur will inform the consumer where the terms can be accessed electronically and that they will be sent free of charge upon request.
If additional product- or service-specific conditions apply, these terms will also apply. In case of conflicting terms, the consumer may rely on the provision most favorable to them.
If one or more provisions of these terms are found to be invalid or void at any time, the remaining terms will remain in effect, and the invalid provision will be replaced with a provision that closely approximates its intent.
Situations not covered by these terms will be assessed “in the spirit” of these terms. Any ambiguity regarding the interpretation of one or more provisions will also be clarified “in the spirit” of these terms.
Article 4 - The Offer
If an offer has a limited validity or is subject to conditions, this will be clearly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to change or adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. If images are used, they must represent the products/services truthfully. Obvious errors or mistakes do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or contract termination.
The entrepreneur cannot guarantee that displayed colors match the actual product colors exactly.
The offer clearly states the rights and obligations associated with acceptance, including:
• Price including taxes
• Any shipping costs
• Contract conclusion method and required actions
• Whether the right of withdrawal applies
• Payment, delivery, and contract fulfillment details
• Offer acceptance deadline or price guarantee period
• Any costs related to distance communication use
• Whether the contract will be archived and how the consumer can access it
• Methods for correcting data before concluding the contract
• Languages in which the contract can be concluded, if not English
• Applicable codes of conduct and how the consumer can view them
• Minimum contract duration for ongoing contracts, if applicable
Article 5 - The Agreement
The contract is concluded when the consumer accepts the offer and meets its conditions.
If the consumer accepts the offer electronically, the entrepreneur will immediately acknowledge receipt electronically. The consumer may terminate the contract until receipt is confirmed.
If the contract is concluded electronically, the entrepreneur must take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment.
The entrepreneur may investigate the consumer’s ability to meet payment obligations and relevant factors for responsibly concluding the contract. If there are valid reasons, the entrepreneur may decline or attach special conditions to an order or request.
The entrepreneur will provide the following written information with the product or service, or in a storable electronic format:
a. The entrepreneur’s business address for complaints.
b. Conditions and procedures for withdrawal, or clear information if withdrawal is excluded.
c. Warranty and customer service information.
d. Relevant contract terms, unless already communicated before contract conclusion.
e. Contract termination conditions if the contract lasts more than a year or is indefinite.
Contracts are subject to product availability.
Article 6 - Right of Withdrawal
The consumer may terminate the contract within 30 days without giving reasons, starting the day after receiving the product.
During this period, the consumer must handle the product and packaging carefully, only unpacking or using it as necessary to determine whether they wish to keep it.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 100 days of receiving the product. The product must be returned within 14 days after withdrawal notification.
The consumer must prove timely return of the product, for example, with a shipping receipt. If no withdrawal notice is given or the product is not returned, the purchase is final.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises the right of withdrawal, return shipping costs are the consumer’s responsibility.
If the consumer has already paid, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after withdrawal, provided the returned product has been received or sufficient proof of return has been provided.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least prior to concluding the contract. Exclusion of the right of withdrawal is only possible for products:
a. manufactured according to the consumer’s specifications;
b. clearly of a personal nature;
c. which cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market beyond the entrepreneur’s control;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software if the consumer has broken the seal;
h. for hygiene products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
a. related to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
b. whose delivery has begun with the consumer’s explicit consent before the withdrawal period expired;
c. concerning bets and lotteries.
Article 9 - Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices depend on fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This link to fluctuations and the fact that stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after concluding the contract are only allowed if they result from statutory regulations or provisions.
Price increases from 3 months after concluding the contract are only allowed if the entrepreneur has stipulated this and:
a. they result from statutory regulations or provisions; or
b. the consumer is entitled to terminate the contract on the day the price increase takes effect.
The prices mentioned in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability will be accepted for printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable reliability and/or usability requirements, and applicable statutory provisions and/or government regulations at the time of concluding the contract. If agreed, the entrepreneur also guarantees that the product is suitable for a use other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur based on the contract.
Defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer or for any advice regarding the use or application of the products.
The warranty does not apply if:
• The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 - Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing product orders.
The delivery address is the address that the consumer has provided to the company.
Subject to the provisions in Article 4 of these General Terms and Conditions, the entrepreneur will execute accepted orders promptly, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order cannot or can only partially be executed, the consumer will be informed within 30 days after placing the order. In this case, the consumer has the right to terminate the contract without cost and is entitled to any compensation.
In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of a product proves impossible, the entrepreneur will make an effort to provide a replacement product. The consumer will be clearly informed at the latest upon delivery that a replacement product is being delivered. In the case of replacement products, the right of withdrawal cannot be excluded.
The entrepreneur bears the risk of damage and/or loss of products until the moment of delivery to the consumer or a representative designated in advance and notified to the entrepreneur, unless explicitly agreed otherwise.
Article 12 - Duration, Termination, and Renewal
Termination
The consumer may terminate a contract of indefinite duration for the regular delivery of goods or services at any time, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate a fixed-term contract for the regular delivery of goods or services at the end of the fixed period, subject to the agreed termination rules and a maximum notice period of one month.
The consumer may terminate the contracts mentioned above at any time and is not limited to termination at a specific time or during a specific period.
Renewal
A fixed-term contract for the regular delivery of goods or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, a fixed-term contract for the regular delivery of daily, weekly, or monthly newspapers and magazines may be tacitly renewed for a fixed term of up to three months if the consumer can terminate the extended contract with a maximum notice period of one month.
Article 13 - Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the withdrawal period mentioned in Article 6(1).
If the agreement concerns the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs announced in advance to the consumer.
Article 14 - Complaints Procedure
Complaints regarding the execution of the contract must be submitted to the entrepreneur clearly described and in full within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, it will be classified as a dispute subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly states otherwise in writing.
If a complaint is deemed justified by the entrepreneur, the entrepreneur will, at its discretion, either replace the delivered products free of charge or repair them.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by British law, even if the consumer resides abroad.
Article 16 - Finality of Resolutions for Refunds, Returns, and Reshipments
Clause on Acceptance of Resolution:
In the event of a product being reshipped to the customer or the issuance of a voucher worth more than 75% of the original order value, the customer agrees to accept this resolution as final. This acceptance acknowledges that the customer has received satisfactory redress for the original transaction issue.
Finality of the Resolution:
Upon accepting the reshipped product or the voucher, the customer agrees that no further actions regarding refunds, returns, or reshipments will be pursued. This finality ensures fair treatment and prevents unnecessary burdens and disadvantages for William Fashion.
Confirmation of Terms:
By accepting the resolution (either the reshipped product or the voucher), the customer confirms their understanding and agreement that:
a. The remedy provided is considered sufficient and satisfactory.
b. No additional claims related to the original order will be submitted.
c. The transaction is considered closed and fully resolved.
Exclusion of Further Claims:
Any subsequent requests or claims for additional refunds, returns, or reshipments related to the original order will be automatically null and void. William Fashion is not obliged to process further claims once the customer has accepted the original resolution.
Customer Responsibility:
Customers are advised to carefully review the offered resolution before accepting it. By accepting the reshipped product or voucher, customers waive their right to contest the resolution or seek additional remedies.
Company Assurance:
William Fashion assures that the reshipped product or voucher is provided in good faith and intended to fairly compensate for any issues related to the original order. This measure ensures that William Fashion can continue to provide consistent and reliable service to all customers.
Legally Binding Agreement:
This amendment serves as a legally binding agreement between the customer and William Fashion. The terms outlined herein are enforceable and apply to all relevant transactions following the effective date.
By accepting a reshipped product or a voucher worth more than 75% of the original order value, the customer signals their agreement to these terms and accepts the finality of the resolution as set forth in this amendment.