General Terms and Conditions with Customer Information
1. Scope of Application
1.1. These General Terms and Conditions apply exclusively to the business relationship between
A&M Fashion GmbH & Co. KG
Am Hansastadion 3
28277 Bremen
Germany
(hereinafter referred to as the “Seller”)
and the customer (hereinafter referred to as the “Customer”) in the version valid at the time of the order.
1.2. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities (§ 13 German Civil Code – BGB).
1.3. Deviating terms of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
1.4. Customer service can be reached by email at: cs@herzens.com
2. Offers and Service Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
2.2. Service descriptions in catalogs, on the website, or in other advertising materials do not constitute a guarantee or assurance of specific characteristics.
2.3. All offers are valid while stocks last. Errors and mistakes are reserved.
3. Ordering Process and Conclusion of Contract
3.1. The Customer may select products without obligation and add them to the shopping cart via the “Add to Cart” button.
3.2. By clicking “Checkout,” the Customer proceeds to complete the order.
3.3. Before submitting the order, the Customer may review, modify, or cancel their entries at any time.
3.4. By clicking the button “Place order with obligation to pay,” the Customer submits a binding offer to conclude a purchase contract for the goods in the shopping cart.
3.5. The purchase contract is concluded when the Seller accepts the order by sending an order confirmation email or by shipping the goods.
3.6. An automatic order confirmation does not constitute acceptance of the offer.
4. Prices and Shipping Costs
4.1. All prices include the applicable statutory VAT.
4.2. Any additional shipping costs will be clearly communicated to the Customer before completing the order.
5. Delivery and Product Availability
5.1. Delivery is made to the address specified by the Customer.
5.2. If advance payment is agreed, shipment will occur after receipt of payment.
5.3. If an item is unavailable, the Customer will be informed immediately. Payments already made will be refunded without delay.
6. Payment Methods
6.1. The available payment methods will be displayed during the ordering process.
6.2. Payment processing is carried out via external payment service providers, in particular Mollie and Shopify Payments.
6.3. The general terms and conditions of the respective payment service providers also apply.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made.
8. Liability for Defects and Warranty
8.1. The statutory provisions on liability for defects apply.
8.2. A warranty exists only if expressly stated for the respective product.
9. Liability
9.1. The Seller is fully liable in cases of intent and gross negligence.
9.2. In cases of slight negligence involving the breach of essential contractual obligations, liability is limited to the foreseeable, contract-typical damage.
9.3. The limitations of liability do not apply in cases of injury to life, body, or health, or under the German Product Liability Act
10. Right of Withdrawal
The withdrawal policy is part of the contract and can be accessed by the Customer on the website at any time before placing the order.
11. Storage of the Contract Text
11.1. The Customer can save or print the order data before submitting the order.
11.2. The contract text is stored by the Seller but is not permanently accessible online.
12. Final Provisions
12.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
12.2. The contract language is German.
12.3. If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Bremen.