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Terms of service

General Terms and Conditions


1. Scope of Application

The following Terms and Conditions apply to all orders placed via our online shop. Our online shop is intended exclusively for consumers.


A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.


2. Contract Partner, Conclusion of Contract, and Correction Options

The purchase contract is concluded with Somewear The Store (owner: Ana Komp).


The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been submitted.


We reserve the right to reject orders or withdraw from the contract if the ordered goods are unavailable for reasons beyond our control or if performance of the contract is not possible in an individual case. In this case, we will inform you without undue delay and immediately refund any payments already made.


The time at which the contract is concluded with us depends on the payment method you choose:


Apple Pay

During the ordering process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After placing the order in the shop, we request Apple to initiate the payment transaction and thereby accept your offer.


Credit Card

By submitting the order, you provide your credit card details and the credit card company carries out an authorization check. After you are verified as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is charged when the order is placed. The contract is concluded with us at the time your credit card is charged.


PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.


Sofort by Klarna

After submitting the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. The contract with us is concluded at that moment.


Google Pay

During the ordering process, you will be redirected to the website of the online provider Google. There you can enter your payment details and confirm the payment instruction to Google. After placing the order in the shop, we request Google to initiate the payment transaction and thereby accept your offer.


Cash Payment on Collection

You pay the invoice amount in cash upon collection.


3. Contract Language, Storage of Contract Text

The languages available for the conclusion of the contract are German and English.


We store the contract text and send you the order data and our Terms and Conditions in text form. You can view the contract text in our customer login area.


4. Delivery Conditions

In addition to the stated product prices, shipping costs may apply. Further details on any shipping costs incurred can be found in the respective offers.


In principle, you have the option of collecting your order from Somewear, Dürener Strasse 217-219, Cologne, Germany during the following business hours:

see store opening hours at https://goo.gl/maps/Ta6X86rFbf9vbCeG6


5. Payment

In our shop, the following payment methods are generally available:


Credit Card

By submitting the order, you provide your credit card details. After you are verified as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.


PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login credentials, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is then carried out automatically by PayPal. Further information will be provided during the ordering process.


Sofort by Klarna

After submitting the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have a bank account enabled for online banking, authenticate yourself accordingly, and confirm the payment instruction to us. Further information will be provided during the ordering process. The payment transaction is carried out immediately by Sofort and your account is debited.


Google Pay

In order to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information will be provided during the ordering process.


Apple Pay

In order to pay the invoice amount via Apple Pay, you must use the “Safari” browser, be registered with the service provider Apple, have activated the Apple Pay function, authenticate yourself with your login credentials, and confirm the payment instruction. The payment transaction is carried out immediately after the order is placed. Further information will be provided during the ordering process.


Cash Payment on Collection

You pay the invoice amount in cash upon collection.


6. Retention of Title

The goods remain our property until full payment has been made.


7. Transport Damage

If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without undue delay. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.


8. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.


For used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects occurring within one year from delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods.


The above limitations and shortening of periods do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health

• in the event of intentional or grossly negligent breach of duty and fraudulent intent

• in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

• within the scope of a guarantee promise, if agreed, or

• insofar as the scope of application of the Product Liability Act is opened.


Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.


9. Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health

• in the event of intentional or grossly negligent breach of duty

• in the event of guarantee promises, if agreed, or

• insofar as the scope of application of the Product Liability Act is opened.


In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on our part, by our legal representatives, or by our vicarious agents, liability shall be limited in amount to the foreseeable damage typical for the contract at the time of conclusion of the contract.


Otherwise, claims for damages are excluded.


10. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.