General terms and conditions of the online store

§ 1 General
§ 2 Offers and conclusion of contract
§ 3 Delivery
§ 4 Passing of risk
§ 5 Price and payment
§ 6 Reservation of proprietary rights
§ 7 Warranty, liability
§ 8 Protection of data privacy
§ 9 Legal order, place of jurisdiction, contractual language
§ 10 Miscellaneous

§ 1 General

§ 1.1 The offer in business clients domain under www.fantashion.de  addresses itself exclusively to resellers and customers from industry and trade and is to be used in their independant, professional or commercial activity (traders).

§ 1.2 These general sales terms and delivery conditions (in the following "GT&C") hold for all contracts between Karl-Heinz Raczek - Fantashion Historical Fantasywear (in the following "Fantashion") with the customer for the sale and delivery of goods and products in business connections with traders.

§ 1.3 These GT&C from Fantashion hold exclusively. Adverse or different conditions of the customer from these terms and conditions will not be accepted, unless Fantashion has expressly approved their validity. It holds as well when Fantashion, aware about adverse or different conditions from the customer, achieve their performance unconditionally.

§ 1.4 These GT&C also hold for all future business concerning the sale and delivery of products with the customer.

§ 2 Offers and conclusion of contract

§ 2.1 Offers from Fantashion are without engagement and, if not otherwise determinated in the offer, binding only for the duration of 10 days. With your order you give Fantashion a binding offer to enter a contract with you. Customers´ orders are accepted through the sending of an acceptance of order within 24 hours or through an immediate delivery.

§ 2.2 Performance data are only obliging if expressly agreed in this way in written form.

§ 2.3 Salespersons of the vender are not authorised to give verbally additional agreements or promises over the terms of the written contract.

§ 2.4 When you have found the product desired, you can see it more precisely and without commitment through a clic on the image or on the description of the item, or on the button [see details]. The clic of the button [Add to cart] allows you to put the item in the basket. You can see at any time and without commitment the content of the cart through a clic on the button [My cart]. You can remove the items from the cart or modify them while entering the number "0" and clicking on the button [Update shopping cart]. If you wish to buy the products in the cart, clic on the button [Checkout]. The minimum order value amounts to 50 €.

The order process includes four steps. In the first step, you can see again the content of the cart, control or if necessary modify it. In the second step, you determinate under "payment method"  the mode of payment and the billing address and accept our general terms and conditions. In the third step, you get a general view of your order data and you can control again, erase or modify under [Change] all data, inclusively delivery and billing address. You can also rectify a type error while navigating in reverse in the browser or abort the order process and start again from the beginning. To finalise your shopping, clic the buttton [Proceed to checkout]. Doing so, the order will be sent to us. In the last step, we send you a confirmation of order reception.

§ 2.5 We save your order and the order data entered. We send you all order data per E-Mail. You also have the possibility to print the order as well as our general terms and conditons before you send us the order. After all, you have access at any time to the orders you did through your customer account.  

§ 3 Delivery

§ 3.1 The delivery occurs via the postal route through DPD, UPS, DHL or another carrier within our discretion.

§ 3.2 Unless otherwise agreed upon, delivery will be carried out within 2 weeks after reception of the order.

§ 3.3 Specified delivery dates are always under reserve of a proper and punctual own supply.

§ 3.4 If the delivery is made difficult in an unreasonable way because of circonstances for which either Fantashion nor the customer are responsible, or because of circonstances for which the customer is responsible alone or in a great part, the delivery date agreed will be extended to a period corresponding to the duration of the relative circonstance.

The following prices (VAT included) are applied for costumers:

§ 4 Passing of risk

§ 4.1 The risk is transfered to the customer at the latest with the delivery to the person in charge for transport, and this also when Fantashion took in charge the shipping costs. Unless otherwise agreed upon, packaging, dispatch route and means of tranport ly within the discretion of Fantashion. If wished, it is upon to the customer to contract a transport insurance.

§ 4.2 If the delivery is deferred as a result of circonstances for which the customer is responsible, the risk is transfered to the customer with the selection of the products to be delivered and the advice of readyness of shipment.

§ 4.3 In case of a delay in delivery, Fantashion is in either case entitled to exercice owing rights only after the determintion of a reasonnable extension of time about at least two weeks.  Fantashion is not responsible, even by obliging agreed times and dates, for delays in delivery or performances because of force majeure or events which substantially make difficult or impossible for Fantashion the delivery or the supply of a service (for example strikes, lock-out, official directives etc.) also if they occur to suppliers of the vendor or to their preliminary suppliers. Fantashion is entitled to postpone the deliveries or performances up to the duration of obstruction plus a reasonable start-up period or to withdraw totally or in part from the contract because of the unfulfiled part. If the obstruction lasts more than three months, the customer is authorized after the determination of an appropriate grace period which cannot be shorter than two weeks, to withdraw from the contract because of the unaccomplished part of it. If the delivery time rolls over or if Fantashion gets free from their obligations, the customer cannot derive any claim for damages. Fantashion can only invoke the mentioned circonstances if they have informed the customer immediately. If Fantashion is responsible for the non-compliance of agreed and obliging times and dates, or is behind schedule, the customer is entitled to a compensation for delay in the amount of   ½ % for each completed week of delay, but in total up to at the most 5 % of the invoice value for the deliveries and performances affected by the delay. Supplementary compensations are excluded, unless the delay is based on Fantashion gross negligence.

§ 4.4 Fantashion is entitled anytime to partial performances and deliveries. The compliance of deliveries and performances obligations through Fantashion postulates the punctual and correct performance of obligations by the customer. If the customer is in default of acceptance, Fantashion is entitled to ask for compensation of the damage. The risk of an accidental deterioration or loss passes to the customer from the beginning of the default of acceptance.

§ 4.5 The customer has to claim immediately by the person in charge of transport in case of complaints by transport damages.

§ 5 Prices and payment

§ 5.1 The prices mentioned in the confirmation of order of the vendor are authoritative, plus the respective value added tax (unless the customer from a foreign country has an international value added tax identification number) and shipping costs. Supplementary deliveries and performances will be invoiced separately.

§ 5.2 If the customer runs into delay of payment, Fantashion is entitled - without prejudice to other demands and rights - to invoice moratory interests amounting to 8 points of percentage over the base lending rate of the European Central Bank. Beyond that, possible outstanding (partial) payments become due immediately. Maturity date of the remainder of debt is also valid when bills with long maturity date are running.

§ 5.3 Unless otherwise expressly agreed, the purchase price and the remuneration for ancillary services fall due for payment with the handing over of the delivery item or rather with the completion of the provision of service or by display of the download possibility. The vendor is entitled to ask for reasonable payments on account for partial performances done. These payments on account fall due for payment by reception by the buyer of the respective invoice corresponding to the payment on account or partial payment. In case of delay, the vendor is entitled to assert the legal moratory interests. If the buyer is a trader, a corporate body under public law or with a special budget, the reimbursement of payments because of any unacknowledged counterclaim through the vendor is not admissible, just as little the set-off of those.

§ 6 Reservation of proprietary rights

§ 6.1 Fantashion reserve themselves the rights of proprietary for delivery items until payment of the purchase price. In case of a customer behiavour contrary to contract, especially in case of delay of payment, Fantashion is entitled, after reminder, to claim for return and the customer is committed to restitution. The exercice of our reservation of proprietary rights and the garnishment of the item delivered shall not be considered as a rescission of contract, except when otherwise stipulated in written form by the vendor.

§ 6.2 In case of garnishment or other interventions by third parties, the customer has to inform Fantashion immediately in written form.

§ 7 Warranty, liability

§ 7.1 Warranty takes place according to legal stipulations. For all encountered defects during the legal warranty period of two years from delivery, you have the legal right to subsequent fulfilment (of your own choice:  rectification or replacement) and - subject to the fulfilment of the legal prerequisites - the right to abatement or rescission as well as alongside the right to  compensation for damages. You have to concede us a total of two attempts of rectification of a defect if you did not fix before an appropriate extension of time that run out without any success. If the rectification of defect wished is possible only with disproportional costs, your receivables are limited to the other form of rectification.

§ 7.2 Fantashion do not take any responsability for damages or defects that are produced from an improper use, handling or warehousing, a neglectfull or inaccurate care or an overstraining.

§ 7.3 Fantashion exclude liability in case of lightly negligent violation of obligations, provided that these do not concern essential contractual rights, damages because of personal injury, bodily harm or damage to health, warranties, or if claims are with prejudice to the Product Liability Act. The same applies for violation of rights by vicarious agents.

§ 7.4 Apparent defects have to be claimed in written form within 7 days following delivery of goods by E-Mail to info@FANTASHION.de or per  telefax to +49 (0)68 66 / 150 680 or per mail to Fantashion Historical Fantasywear, Bergstr. 11, 66706 Perl.

§ 8 Protection of data privacy

§ 8.1 Data collection
We collect data by initialization, conclusion and cancellation of a contract. These data will be collected, stored and processed. Your visit on our websites will be recorded. We record essentially the IP address your PC is actually using, the date and time, the type of browser and the operating system of your PC as well as the sites you looked to. Personal references is normally either possible nor intended.

§ 8.2 Data use and circulation
Personal data you communicate us for example by an order or per E-Mail (for ex. your name and your address or your E-Mail-Address) will be processed only for correspondence with you and only for the purpose you provide us the data. We pass your data only to the carrier in charge with the delivery as far as it is necessary for the delivery of the goods.
We affirm as for  the rest that we do not communicate your personal data to third party, unless we would be bound by law or you have given us your agreement before. As far as we enlist service providers for the execution and handling of processing actions, the contractual relationship will be ruled according to the provisions of the Federal Data Protection Act.

§ 8.3 Consent and revocation
If you left us personal data, you can delete them at any time. Data for invoicing and for the accounting department are not affected by a cancellation/revocation or a deletion.

§ 8.4 Storage time
Personal data which have been communicated to us through our website will be stored only as long as the purpose for which you made them available to us is served. As far as trade and fiscal safekeeping periods are to consider, the duration of storage for particular data can represent up to 10 years.

§ 8.5 Customer account
If you open a customer account, you agree to have saved your inventory data such as name, address, E-Mail-address, and bank details as well as your user data (user name, password). Doing so, you have the opportunity, with your E-Mail-address or your customer number, as well as with your personal password, to place an order by us.

§ 8.6 Use of cookies
A utilisation of our offer occurs with the use of a cookie. The pre-condition for this is that you activited the cookies in your browser configuration. A cession code generated by chance and, if applicable, your customer-ID will be stored in the cookie. This allows us to identify you as an already registered customer. In addition and if it exists, we save an affiliated-ID and the site from which you connect yourself to our website. Pre-condition for this is that you activated the cookies in your configuration.

§ 8.7 Your rights, Information
If you do not agree anymore with the storage of your personal data or if they are no more correct, we will procede to the deletion or blocking of your data on instractions received or carry out the necessary corrections (as far as it is possible according to the law in force). By request you get for free information about the personal data we stored concerning you. In case of questions about collection, processing or use of your personal data, by requirement, correction, blocking or deletion of data, please send an E-Mail to info@FANTASHION.de  

§ 9 Legal order, place of jurisdiction, contractual language

§ 9.1 The law of the Federal Republic of Germany, excluding the UN-Convention on Contracts for the International Sale of goods from 11 April 1980 (CISG agreement of Vienna) is in force for the GT&C and all legal relations between Fantashion and the customer.

§ 9.2 Place of fulfilment is 66706 Perl. Place of jurisdiction for all conflicts in connection with this contract - also by claims in process associated with deeds and bills - is the business location of Fantashion in Perl.

§ 9.3 The contractual languages are german, english and french.

§ 10 Miscellaneous

§ 10.1 A right of retention or set-off is due to the customer only if his counterclaims have been asserted  legally binding, undisputed or accepted by Fantashion. Furthermore the customer is in this respect only entitled to exercise a right of retention if his counterclaim concerns the same contractual relationship according to § 273 BGB (German Civil Code).

§ 10.2 If individual clauses of these GT&C are inoperative, the validity remains in full force and effect as for the rest.

Last update: 03/2017