Terms of Service

Terms of Service
General terms and conditions with customer information

TABLE OF CONTENTS

  • Scope of application

  • Conclusion of contract

  • Right of withdrawal

  • Prices and terms of payment

  • Delivery and shipping conditions

  • Retention of title

  • Liability for defects (warranty)

  • Special conditions for the processing of goods according to certain specifications of the customer

  • Redemption of promotional vouchers

  • Applicable law

  • Alternative dispute resolution

1) SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter "GTC") of Fashion Vivo Limited, Sol Dress (hereinafter "Seller"), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller may accept the Customer's offer within five days,

  • by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or

  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or

  • by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for Payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) RIGHT OF REVOCATION
3.1 Consumers are generally entitled to a right of revocation.

3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) PRICES AND TERMS OF PAYMENT
(…no changes needed in the remainder of this section…)
[Section 4.1 to 4.9 remain exactly the same]

5) DELIVERY AND SHIPPING TERMS
(…no changes needed…)
[Section 5.1 to 5.4 remain exactly the same]

6) RESERVATION OF TITLE
If the seller makes advance performance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

7.2 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) SPECIAL CONDITIONS FOR THE PROCESSING OF GOODS ACCORDING TO CERTAIN SPECIFICATIONS OF THE CUSTOMER
8.1 If, according to the content of the contract, the Seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications…
(continues as per your original document)