GTC

1. For the business relationship between Essential Clothing GmbH, Velaskostraße 6 , D-85622 Feldkirchen, Munich Germany, and the customer (“Customer”), the following General Terms and Conditions apply exclusively to transactions in the online store (www.elemente-clemente.de) in the version valid at the time of the respective order.
2. Deviating terms and conditions of the customer are not recognized unless Essential Clothing GmbH explicitly agrees to their validity in writing in the respective case.
3. The Online Store is aimed exclusively at customers of legal age who have their habitual residence, a delivery and billing address within the EU or Switzerland and who are consumers within the meaning of the statutory provisions (Section 13 of the German Civil Code (BGB)). According to the law, a consumer is a natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

1. Product presentation
   1. The presentation of the articles in the Elemente Clemente Online Store merely constitutes an invitation to the customer to submit a legally binding offer to conclude a purchase contract.
   2. Essential Clothing GmbH would like to point out that the colors of the articles may differ from those shown in the online store.
   3. Unless expressly stated otherwise in the item description, all items are supplied without any decorations shown.
2. Order process, conclusion of contract
   1. Customers can select products from the Elemente Clemente online store’s range, add them to their shopping cart and go through the ordering process.
   2. Before finally submitting the order, the customer has the opportunity to check the details and product selection in an order overview and correct them if necessary.
   3. By clicking the “Buy” button, the customer submits a binding contractual offer to purchase the goods contained in the shopping cart. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the “Accept terms and conditions” button and has thereby included them in their application.
      Essential Clothing GmbH will then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The automatic confirmation of receipt merely documents that we have received the customer’s order and does not constitute acceptance of the application.
   4. A purchase contract is only concluded when the ordered product and the corresponding shipping confirmation are sent by email. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and shipping confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation).
   5. No purchase contract is concluded for ordered items that are not included in this shipping confirmation. If no copies of the product selected by the customer are available at the time of the customer’s order, we shall inform the customer of this immediately. If the product is permanently unavailable, we shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. If the product specified by the customer in the order is only temporarily unavailable, we shall also inform the customer of this immediately.
3. Storage of the contract text, non-acceptance of the offer
   1. The contract is concluded in German, based on German law. The text of the contract is stored by Essential Clothing GmbH in compliance with data protection regulations. The customer can view his current order and his order history in his personal customer account under “Your orders”.
   2. Essential Clothing GmbH is free not to accept orders placed via the Elemente Clemente Online Store. Whether an order is accepted is at the discretion of Essential Clothing GmbH. If an online order is not executed, Essential Clothing GmbH will inform the customer immediately.

1. All prices quoted in the Elemente Clemente Online Store are in euros and include the applicable statutory value added tax, plus shipping costs. The prices stated in the Elemente Clemente Online Store at the time of the order are decisive for the prices of the products.
2. Essential Clothing GmbH accepts the payment methods displayed during the ordering process, such as payment by credit card (MasterCard, Visa and American Express), payment via PayPal or payment by Sepa direct debit. The payment method offered depends, among other things, on the result of the credit check carried out.
3. If the due date for payment is determined according to the calendar, the customer shall be in default by missing the deadline. In this case, he shall pay us interest on arrears for the year at a rate of 5 percentage points above the base interest rate. The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default by us.
4. Ostertag GmbH shall retain title to the delivered goods until receipt of the full purchase price.

Your order will be processed by Essential Clothing GmbH.

1. Delivery times stated by us are calculated from the time of our shipping confirmation, subject to prior payment of the purchase price (except in the case of purchase on account). If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 4-5 days.
2. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer using the shipping method selected by the customer.
3. Shipping (standard shipping and express shipping) is carried out by the logistics partner: DSV Air & Sea GmbH Bayuwarenstrasse 7 85375 Neufahrn bei Freising (UPS) or Deutsche Post AG Charles-de-Gaulle-Straße 20 D- 53113 Bonn www.dhl.de
4. Standard shipping: Essential Clothing GmbH delivers within Germany for a flat shipping fee of 5.00 €. Unless otherwise stated, the delivery time within Germany is 4 to 5 working days from confirmation of dispatch. One Express orders are delivered within 24 hours of confirmation of dispatch, provided the customer places the order by 12 noon on working days between Monday and Thursday. Express delivery on Saturdays is currently not possible. Express delivery is currently only possible within Germany for a flat-rate shipping fee of €15.00.
5. The following delivery restrictions apply: We only deliver to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Within the EU and Switzerland.

1. Promotional vouchers are vouchers issued by Essential Clothing GmbH for promotional purposes and cannot be purchased. Furthermore, vouchers may have a fixed period of validity and/or only apply from a defined minimum order value (after returns).
2. The following conditions apply to promotional vouchers, as well as those stated on the vouchers, within the e-mailing or on the corresponding websites.
3. If a promotional voucher stipulates a minimum order value, this may not be undercut after deduction of the voucher discount and returns. If the minimum order value is not reached, the difference to the minimum order value will be offset against the returned amount.
4. Different vouchers cannot be combined with each other.
5. Unless otherwise stated, one voucher can be redeemed once per person.
6. Special price reductions, such as sale promotions or reductions on a specific product group, take place during a specified period. Items ordered before this period cannot be subsequently reduced.

1. Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, about which we provide information below in accordance with the statutory model. A sample withdrawal form can be found in section 7.2.

   Cancellation policy

   You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise your right of withdrawal, you must inform us

   Essential Clothing GmbH, Velaskostraße 6 , D-85622 Feldkirchen, service@elemente-clemente.de, Phone +49 89 550 558 – 0 of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

   To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

   Consequences of revocation

   If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

   We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

   You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

   You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

   End of the withdrawal policy

2. We provide the following information about the model withdrawal form in accordance with the statutory provisions:

   Sample withdrawal form

   (If you wish to cancel the contract, please fill out this form and send it back to us).

   An Essential Clothing GmbH, Velaskostrasse 6 , D-85622 Feldkirchen, service@elemente-clemente.de

   I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)

   – Ordered on (*)/received on (*)
   – Name of consumer(s)
   – Address of consumer(s)
   – Signature of consumer(s) (only for notification on paper)
   – Date

   (*) Delete as appropriate

1. If goods are delivered with obvious damage to the packaging or contents, the customer should, without prejudice to his warranty rights, complain about this immediately to the deliverer concerned and, if possible, refuse acceptance and contact customer service immediately by e-mail at service@elemente-clemente.de , by telephone on Tel: +49 89 550 558 – 0* (Mon-Fri: 8.00 – 18.00) or by post to: Essential Clothing GmbH, Velaskostraße 6 , D-85622 Feldkirchen, Germany. Please contact Essential Clothing GmbH so that Essential Clothing GmbH can protect any rights against the sender.
2. The risk shall pass to the customer upon acceptance of the delivery item.
3. The warranty for defects is governed by the statutory provisions. This applies independently of the right of withdrawal under point 9.
4. An additional guarantee only exists if it has been expressly given for the item in question.

1. Essential Clothing GmbH is liable without limitation for intent and gross negligence, in the case of simple negligence only for damages resulting from injury to life, limb, health or a material contractual obligation.
2. An essential contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely. If this is violated, the liability of Essential Clothing GmbH is limited to compensation for foreseeable, typically occurring damages.
3. The limitations of liability resulting from the above shall not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods. The same applies to the customer’s claims under the Product Liability Act.

Essential Clothing GmbH attaches great importance to the application of lawful data processing aimed at protecting your personal data. You can find details on this in our privacy policy.

If we make advance payments, e.g. in the case of a purchase on account, we may obtain credit information based on mathematical and statistical procedures from BS PAYONE GmbH, Lyoner Straße 9, D-60528 Frankfurt/Main, Germany, in order to safeguard our legitimate interests. For this purpose, we transmit the personal data required for a credit check to BS PAYONE GmbH and use the information received on the statistical probability of a payment default for a balanced decision on the establishment, execution or termination of the contractual relationship.

The credit report may contain probability values (score values) that are calculated on the basis of scientifically recognized mathematical-statistical procedures and whose calculation includes address data. Your interests worthy of protection are taken into account in accordance with the statutory provisions.

The credit check is carried out by the following companies: BS PAYONE GmbH, Lyoner Straße 9, D-60528 Frankfurt/Main, Germany, Phone: +49 431 25968-200, Fax: +49 431 25968-1200
MerchantService@bspayone.com, www.bspayone.com
All information on data processing by BS PAYONE GMBH can be found here: https://www.bspayone.com/downloads/BSPAYONE_Information-zur-Datenverarbeitung-gem-Art14-DSGVO.pdf

In addition, you consent to the transmission of your data for the purpose of an identity check and address verification. A similarity calculation in percentage values can be used to determine whether the person and address are known to the credit agency. This check serves to protect against the misuse of third-party data by unauthorized persons (“data theft”), e.g. the use of third-party bank details when placing orders by telephone or online. Address verification is carried out by: Deutsche Post AG Zentrale Zusatz- und Spezialleistungen Brief D- 53250 Bonn www.deutschepost.de

The customer can obtain a self-disclosure from the above-mentioned providers and credit agencies at any time about their data stored there.

1. Should any provision of the GTC be or become invalid, all other provisions shall nevertheless remain valid. In place of the invalid provision and in the event of loopholes in these GTC, the relevant statutory provisions shall apply.
2. All contracts are subject exclusively to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, even if the customer is domiciled abroad. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
3. The contract is concluded in German, even if the GTC are offered in other languages.
4. The statutory provisions shall apply to the place of jurisdiction.

Essential Clothing GmbH attaches great importance to customer satisfaction. Customer service is available under the contact details below for all topics relating to the online store or questions about these terms and conditions: Essential Clothing GmbH, Velaskostraße 6 , D-85622 Feldkirchen, Munich Germany. E-mail: service@elemente-clemente.de, Tel: +49 89 550 558 – 0, (Mon-Fri: 8.00 – 18.00). Essential Clothing GmbH will endeavor to process the customer’s request as quickly as possible.

The website offered under the domain www.elemente-clemente.de is operated by Essential Clothing GmbH, Velaskostraße 6 , D-85622 Feldkirchen, Germany , Phone: Tel: +49 89 550 558 – 0*, E-Mail: service@elemente-clemente.de

Registered office of the company: Munich Local Court HRB 110301 VAT No.: DE 173797525

EU dispute resolution platform

You can find the EU Commission’s platform for online dispute resolution here: https://webgate.ec.europa.eu/odr.

Consumer arbitration proceedings

We will not participate in a dispute settlement procedure before a consumer arbitration board within the meaning of the VSBG and are not obliged to do so.

As at: February 20174EuropeEssentialper