Terms and Conditions
I The scope of the contract includes all orders and contracts made by MYSTYLECATCH and the client. No subsequent agreement in any way altering these terms and conditions shall be binding on MYSTYLECATCH.com. The client is either a consumer (according to para. 13 German Civil Code / BGB) or a trader (according to para. 14 BGB)
II By clicking the according button, the client expressly accepts the present terms and conditions.
III MYSTYLECATCH reserves the right to unilaterally modify the terms and conditions, if it is required for statutory/ technical conditions. The new conditions shall be part and parcel of the contractual relationship, unless the client enters an objection to the new conditions in written form within six weeks.
B) Customer Registration
I As part of the registration the client has to provide true and complete personal data. The client’s submitted personal data will to be treated as confidential and protected against third parties. The client is in charge of potential abuse of their own access data by third parties.
II MYSTYLECATCH reserves the right to accept a client’s registration.
III Each client may only have one account at the same time. Multiple-Accounts will be deleted. Repeated breach of this clause may cause dismissal of the client’s registration.
C) Conclusion of Contract and Pricing
I All offers are subject to change. Agreements or commitments are binding upon MYSTYLECATCH, once they have been endorsed by MYSTYLECATCH.
II Public statements, images and descriptions on the homepage (especially of colors) are approximate values and shall not be binding save to the extent that they are references expressly included in a contract. Deviations of measurement, weight and color are permitted – as long as it is DIN-/EN-standard or is customary and permissible.
III Clicking the button “BUY” means the order has been completed. The customer confirms it is a binding order of the products placed in the cart. The costumer shall be bound to the order for 5 working days (consumers have a 14-day cancellation right, see below). Orders placed by minors require the involvement of a legal representative (parent or guardian)
IV MYSTYLECATCH confirms the receipt of the order after transmission.
V Customer’s orders shall be deemed accepted by Mystylecatch only with the express declaration of acceptance or through the supply of goods to the client. Silence - No response with regards to any order by MYSTYLECATCH shall be deemed as non-acceptance. This shall also apply to the content of a commercial confirmation letter, unless both parties expressly agree differently in individual cases.
VI The products are delivered only when the specific product is in stock. There is no obligation to provide the complete product range at all times. This shall not apply to previously accepted orders.
VII The prices at the time of the order shall apply. All prices contain the legal Value Added Tax and all other price components (such as S&H fees)
VIII Reference: All ordered products are provided with reimbursement labels. It is absolutely necessary that the client ensures that the reimbursement labels are not removed or damaged. MYSTYLECATCH hereby advises clients that goods with removed or damaged reimbursement labels cannot be redeemed.
D) Shipping and Liabilities
I Unless otherwise agreed to in writing, MYSTYLECATCH has the right to choose the dispatch route or the forwarding agent (UPS, DHL, etc.)
II At present the shipping will be effected by DHL (terms and conditions can be found at www.dhl.com). All deliveries, sent by MYSTYLECATCH, are insured and guaranteed against theft and damage. As soon as the client has received the delivery the contract protection expires.
III If ordered products are not in stock, Mystylecatch are entitled to make part-deliveries.
IV Incoming orders will be processed during standard office hours (Monday to Friday 09.00 am to 06.00 pm, not on public holidays).
V Customers may find the time and costs for their chosen country from the list above.
VI Please note: Delivery to non-EU countries may incur additional charges and fees. These costs cannot be estimated by MYSTYLECATCH. All prices are indicated without charges and fees.
VII In case of agreed pre-payment the delivery only takes place after the payment is received in full and the complete purchase price reflects in the MYSTYLECATCH bank account. Should the client fail to pay the purchase price within a reasonable period (5 days after receiving the order confirmation), MYSTYLECATCH has the right to declare rescission of the contract. By this rescission the client’s order will be cancelled and MYSTYLECATCH shall be released from any supply obligation. The assertion of damage claims shall remain reserved.
VIII Delivery to container freight stations or POB is not possible.
IX Risk is transferred to the customer when goods are passed to the transport company or at the latest when the goods leave the warehouse. If the client is a consumer the risk is passed when the consumer, or a person elected by the consumer, receives the delivery.
X If the delivery of the goods fails despite three delivery attempts, MYSTYLECATCH reSERVES the right to withdraw from the contract. Possible payments already made will be reimbursed after deduction of costs and expenses accrued by MYSTYLECATCH.
E) Delivery Deadlines and Dates
I Each obligation to supply and relevant delivery date is subject to approval of self-delivery. This does not apply if an incorrect delivery or delay is caused by MYSTYLECATCH.
II If the ordered goods are not available, MYSTYLECATCH reserves the right to offer the customer a substitute or an equivalent item as soon as possible after the order is processed. If the customer does not agree to the suggested product MYSTYLECATCH will return any prepayments.
III MYSTYLECATCH does not conduct any fixed future deliveries. Delivery times are only approximate and nonbinding (delivery times are usually about 2-6 days). Should the delivery period expire, the terms of the subsequent delivery are automatically extended to cover this new period. The time limit shall be the date of dispatch.
IV Delivery deadlines never commence before the provision of all necessary details of the order. If the client does not adhere to the contractual obligations or unnecessarily delays any of the agreements, MYSTYLECATCH reserves the right to alter its delivery deadlines. Other rights caused by the client’s delay remain unaffected.
V Force Majeure entities the supplier to delay delivery for the duration of the obstruction and an appropriate time of adjustment. Circumstances of Force Majeure include: political or other sovereign measures, strikes, lockout, malfunctions that MYSTYLECATCH cannot be held responsible for, e.g. fire; machinery or roller breakdown; shortage of raw materials; obstruction of traffic routes; delays in the import or process or customs clearance. It is immaterial whether the incident occurs at MYSTYLECATCH or at one of MYSTYLECATCH’s suppliers. MYSTYLECATCH shall immediately inform the client of any Force Majeure incidents. If the conduct is seen as unreasonable by one party, the contract may be deemed null and void no sooner than 5 weeks after receipt of relevant notification to all parties. A claim for damages in this regard shall not exist.
VI In the event that delivery dates are not met, prepayments will be refunded. The client may only withdraw from the contract or claim for damages if no attempt at subsequent performance is undertaken within an appropriately prescribed period or MYSTYLECATCH does not attempt to redress the delay within a reasonable time or declines any subsequent delivery.
VII In the case of delay by MYSLYLECATCH any liability must be irrevocably proven beyond reasonable doubt to demonstrate damage claims asserted by the customer. The customer shall attend to the basic duty of minimizing damage required by law.
VIII If the customer is entitled to compensation for damage caused by default, this is limited in the case of slight negligence by MYSTYLECATCH to a maximum 5% of the agreed purchase price.
IX In all other respects, general provisions apply to claims for damages and/or the reimbursement of prepayments.
I The customer agrees to receive electronic invoices or credits.
II Payments are accepted via prepayment, credit card or online payment. Cash payments and check payments are not possible. In particular cases, MYSTYLECATCH reserves the right to decline certain types of payment.
The client undertakes to pay the complete purchasing price within 5 calendar days after receipt of the written order confirmation and to remit the purchase price into the business account of MYSTYLECATCH. MYSTYLECATCH shall reserve the ordered shop items 5 days only. (Please note C. II) IV Credit Card
When paying by credit card, the customer must give his/her full credit card details and authorize MYSTYLECATCH to debit the card indicated for these values. V Online Payment
When paying by Online Payment (PayPal, Sofortüberweisung etc.) the customer agrees to pay immediately after the order has been placed. Confirmation of the contract and delivery will be effected upon receipt of payment by MYSTYLECATCH. VI If the time allowed for payment is exceeded, MYSTYLECATCH shall be entitled to charge interest at the rate of 5% from the due date on the statutory amount.
G) Title Retention
I All goods will remain in the property of MYSTYLECATCH until payment is received in full. In the case of delay of payment, MYSTYLECATCH is entitled to terminate the contract and reclaim the goods.
III Compensation for damaged goods, with removed one-time-seal, is up to 100% of the purchase price.
I) Offsetting, Withholding and Assignation
I The client acting as a business shall only be entitled to withhold or set off against claims if MYSTYLECATCH has acknowledged its claims or the claims have been established by declaratory judgment.
II MYSTYLECATCH is authorized to assignment of the client’s entitled pecuniary claim.
III The assignment or pledge of the customer to the provider’s claims or rights without the consent of the provider excluded.
I If the client is a business obvious defects in the merchandise shall be reported promptly in writing, within 7 days of receipt of goods. Apparent defects that cannot be detected within this period in spite of careful examination are to be notified in writing immediately to MYSTYLECATCH.
II The delivered goods are deemed to be free of defects and thus meeting the terms of the contract if they do not, or only insignificantly, deviate from the specifications agreed upon for the specific delivery at the time when the risk is passed. All instructions, designs, illustrations, technical data, weight, measurement and performance specifications which are contained in product folders, catalogues, circulars, announcements or price lists, are samples only and therefore are of a purely informative character. MYSTYLECATCH cannot guarantee the accuracy of such information.
III All liability by MYSTYLECATCH shall be excluded for defects in quality in cases of deterioration or destruction of delivered goods after the passage of risk.
IV In cases of objection the customer shall, without undue delay, give MYSTYLECATCH the opportunity to inspect any goods to be returned for refund.
V The customer can demand supplementary performance from MYSTYLECATCH or demand a compensatory delivery.
VI If subsequent fulfillment fails, if it is not reasonable for the principal or if the customer has refused subsequent fulfillment due to disproportionately high costs, the principal may, according to statutory provisions, withdraw from the contract, reduce the purchase price or demand damages or reimbursement of his expenses, as the case may be.
VII MYSTYLECATCH will bear any costs towards business clients with regard to repairs and substitute deliveries only to the statutory extent, and only to the extent that such costs are just and reasonable in comparison to the value of non-defective goods and to the proportionate value of the defect.
VIII Time limitation on claims for defects in respect of businessmen/women and/or entrepreneurs: new items and second-hand items shall become time-barred one year after delivery. Claims for defects in respect of customers to the shop on the premises of MYSTYLECATCH: new items shall become time-barred two years after delivery, and one year after delivery for second-hand items
K) Compensation, Limitation of Liability and Limitation
I MYSTYLECATCH is liable for all contractual, quasi-contractual and legitimate as well as tortious claims as follows:
· Unlimited liability on any legal ground
§ In case of intent or gross negligence,
§ fraudulent reticence,
§ in case of negligent or deliberate fatal injury, physical injury or injury to health,
§ due to compulsory liability as defined in the German Product Liability Law.
· In the event that MYSTYLECATCH infringes an essential contractual obligation, the limitations on liability shall apply, in so far as MYSTYLECATCH shall not be unlimitedly liable.
II Incidentally, the retailer’s liability is excluded.
III The above exclusions of and limitations on liability shall also apply for the benefit of staff and executing aides of MYSTYLECATCH.
IV The provisions in Clause D shall apply accordingly to the liability for default in delivery.
I Liability for content of website and other internet based means of communication:
Despite careful control of the contents, MYSTYLECATCH does not accept any liability for accuracy, completeness or actuality. As a service provider MYSTYLECATCH is responsible for the contents on its own sites (see Para 7, TMG according to the general laws). According to Sections 8 to 10 TMG MYSTYLECATCH accepts no responsiblility to monitor third party information provided or stored on its web site. However, any content that violates any laws shall be promptly removed as soon as it is seen. Liability in such an instance shall only commence from the time any violation is noted.
II Liability concerning links:
In direct or indirect references to external websites (links) which are beyond the control of the author, obligation to assume liability would take effect exclusively in the case of the author having knowledge of the content of the linked site and it being technically feasible and reasonable for him to prevent the use thereof in the event of illegal content.
The content and works on this website compiled by the website operator, respectively the webmaster are subject to the German copyright law, respectively the right of use. Personal data shall not be passed on to third parties.
I MYSTYLECATCH works with the security software SSL (Secure Socket Layer), which is based on asymmetrical encryption to prevent malpractice or deception or copying of credit card information during the purchase process, which automatically ensures that neither Mystylecatch nor any third parties have access to this information. This credit card information will only be used again for after purchase transactions in the case of refunds. Please note that this is a direct withdrawal immediately after purchase.
N) Applied Law a Respective Local Court
I The law of the Federal Republic of Germany applies exclusively, i.e. excluding the convention of the United Nations concerning contracts on the international purchase of goods.
II The place of jurisdiction is Munich.
III In the event that individual contractual provisions are ineffective, then the remaining provisions shall not be affected.