GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Applicable law
10. Jurisdiction
11. Disclaimer
12. Alternative dispute resolution
13. Return costs if an order value is exceeded
14. Special conditions for bundle offers
    
    

1) SCOPE

1.1 These General Terms and Conditions (hereinafter "GTC") of KOWLOON FASHION LINE LIMITED (hereinafter "Seller") shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller relating to all goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing 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 completes 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), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text is saved by the Seller.

2.5 Before submitting the 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 identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

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

2.7 Order processing and contact are usually carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) RIGHT OF WITHDRAWAL

3.1 Consumers generally have a right of withdrawal.

3.2 We offer free returns for all orders under the conditions of Section 6 "Free Returns" of our cancellation policy . If you do not reach the minimum order value, you will be responsible for the return shipping costs and all other associated costs yourself.

3.3 Only original packaged and unworn items will be accepted for exchange/refund

3.4 In the first step, the customer bears the costs of the return themselves, but these will be refunded by us after a successful return and under the conditions of §6 "Free returns". It is strongly recommended that the return shipment be provided with a tracking number to minimize the risk of the shipment being lost. In the event of a lost package without tracking, we cannot guarantee a refund of the item or the return shipping costs.

3.5 Refunds will be made no later than 14 days after receipt of the goods, provided that the goods are returned to us in the same condition as they were previously sent to you.

3.6 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.7 Data protection and debt collection
In the event of non-payment, the payment claim will be passed on to our debt collection partner. In the course of this, the necessary data for enforcing the claim will be transmitted to this partner. The place of jurisdiction for all disputes arising from the contractual relationship is Düsseldorf.

4) PRICES AND PAYMENT CONDITIONS

4.1 All prices listed on the website www.Babara-Mode.com are to be understood as final prices - but with regard to imports, they are always duty unpaid and untaxed . Any additional delivery and shipping costs that may arise are stated separately in the respective product description.

4.2 For all deliveries, additional costs may be incurred in individual cases for which the seller is not responsible and which must be borne by the customer. These include costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees). In addition to the shipping costs, customs duties or import sales tax may also be incurred, as the goods are shipped from a non-EU country (China). Whether customs duties are incurred for a product must be clarified with our customer support at info@Babara-Mode.com before ordering. Customs duties or import sales tax are not borne by us and must be borne by the buyer. Our goods are always shipped duty unpaid and untaxed.

The buyer is the importer of the goods (" Importer of Record") and responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and legal regulations of the importing country.

Since the rules for importing goods vary from country to country, we ask that you inform yourself about the customs duties and import sales tax in your country before placing your order.

The buyer is obliged to fully check compliance with all laws and legal regulations of the importing country upon receipt of the goods.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

5) DELIVERY AND SHIPPING CONDITIONS

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer will bear the costs of the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 The goods will be dispatched within 2-120 days after confirmed receipt of payment.
The standard delivery time is 20-30 working days, in exceptional cases up to 16 weeks, unless otherwise stated in the item description. The provider does not ship directly. The order will be shipped by the manufacturer as soon as the entire order is in stock there.

5.5 In the event of a proven refusal of acceptance (shipment tracking by the commissioned logistics company) by the customer, we will charge a fee of €9.90.

The fee does not apply if the customer has previously withdrawn from the purchase contract in writing; this can be done by sending an email to the email address provided on the order page.

In addition, this fee of €9.90 will also be charged if we as the retailer can prove at least 1 delivery attempt through individual shipment tracking, or if the package / order was subsequently stored at the commissioned logistics company's parcel shop for at least 7 days, but the customer did not pick it up despite being notified.

As proof, Babara-Mode must, at the customer's request, be able to provide shipment tracking with corresponding references to the delivery attempts by the commissioned logistics company and/or references to storage in the customer's local parcel shop.

Through our free worldwide shipping on a large number of our products, we meet the requirements of Section 284 of the German Civil Code (BGB) and a claim for damages is thus fulfilled, which covers the incurred (shipping) costs.

In addition to the shipping costs, customs duties or import sales tax may be incurred because the goods are shipped from outside the EU (China). Whether customs duties are incurred for a product must be clarified with our customer support at info@Babara-Mode.com before ordering. Customs duties or import sales tax are not covered by us and must be borne by the buyer. Our goods are always shipped duty unpaid and untaxed.

The buyer is the importer of the goods ("I mporter of record") and responsible for the proper payment of customs duties and/or import taxes and must fully comply with all laws and legal regulations of the importing country.

Since the rules for importing goods vary from country to country, we ask that you inform yourself about the customs duties and import sales tax in your country before placing your order.

The buyer is obliged to fully check compliance with all laws and legal regulations of the importing country upon receipt of the goods.

If the provider is not responsible for a permanent delivery obstacle, in particular force majeure or non-delivery by its own suppliers, even though a corresponding hedging transaction was made in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.

5.6 Information on shipping costs: Dear customer, please note that we usually subsidize shipping costs for the outbound shipment. We charge less than the actual costs you incur. Our shipping costs are on average € 8.90 per package to Europe, even if they are billed at a lower rate when you purchase.

In the event of a return of goods which is not treated as a complaint accepted by us (this includes returns due to dissatisfaction, incorrectly ordered sizes, unfulfilled expectations), we must deduct the shipping costs for the outward delivery to you of €8.90 from the refund.

Even in the case of defective goods (“faulty goods”), we as a retailer reserve the right to inspect this before issuing a refund or replacement delivery; to do so, we exercise the right to subsequent performance at the place of sale, in this case Hong Kong.

The buyer is therefore obliged to make the purchased item available to us/the dealer for inspection of the complaint and for rectification. The buyer bears the costs for the provision/return; if a complaint of defects turns out to be justified after inspection, the costs of the return provided will be reimbursed. A return to our returns warehouse costs between €7 and €39, depending on the goods/weight and volumetric weight.

6) RESERVATION OF TITLE

If the seller makes advance payments, he retains title to 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 statutory liability for defects applies.

7.2 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his legal or contractual claims for defects.

8) REDEMPTION OF PROMOTIONAL VOUCHERS

8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller's online shop and only during the specified period.

8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

8.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.7 The balance of a promotional voucher will not be paid out in cash and will not accrue interest.

8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.9 The promotional voucher is transferable. The seller can make a payment to the respective holder who redeems the promotional voucher in the seller's online shop with a discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, incapacity or lack of authority to represent the respective holder.

9) APPLICABLE LAW

All legal relationships between the parties are governed by the laws of China, excluding the laws governing the international sale of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

10) JURISDICTION

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, Switzerland or Austria, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, Switzerland or Austria, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

11) DISCLAIMER

11.1 Claims for damages by the customer are excluded unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider if the customer makes claims for damages against them. Excluded are claims for damages by the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent.

12) ALTERNATIVE DISPUTE RESOLUTION

12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

11.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

13) Return costs if an order value is exceeded

13.1 For all orders, Babara-Mode grants the buyer the right to free return shipping.

13.2 Due to existing contractual obligations with our suppliers, Babara-Mode is currently unable to provide a prepaid return label. In such cases, the buyer is obliged to bear the initial return costs.

13.3 The buyer has the option of having the shipping costs incurred reimbursed in full. To do so, he must provide Babara-Mode with proof of the costs incurred in the form of a receipt. This receipt must be sent digitally to the email address widerruf@kowloon-fashion-line.com .

13.4 After successful verification of the receipt and receipt of the returned goods, the refund will be made in the form of a credit to the buyer's Babara-Mode credit account.

13.5 Through this regulation, Babara-Mode ensures that the buyer will not incur any additional return costs if the criterion mentioned in paragraph (1) is complied with.

13.6 In the context of these guidelines, the term "free shipping" is defined as the reimbursement of shipping costs, which is processed via the Babara credit system. Customers pay the shipping costs in advance, but these are fully reimbursed by the Babara-Mode credit system provided the return criteria are met. This ultimately results in a cost-neutral (free) return, as the customer does not have to pay any shipping costs due to the credit.

13.7 The Babara-Mode credit account is a virtual account to which refunds for sustainably printed items not delivered on time (if delivery was promised), discounted items and items that were paid for in whole or in part with the Babara-Mode credit are credited.

13.8 The credit on the Babara-Mode credit account can be used for future orders in our online shop. It is not possible to pay out the credit.

13.9 The Babara-Mode credit account is personal and non-transferable.

13.10 We reserve the right to delete credit on the Babara-Mode credit account if it is not used within 180 days.

14) Special conditions for bundle offers

14.1 Deviating from the other provisions regarding the cancellation period and refund, items that are part of a bundle offer (e.g. outfit offers) are excluded from return and refund. By accepting a bundle offer, the customer agrees that there is no right of cancellation for the items included in the bundle and therefore no return or refund is possible.

14.2 The provisions of paragraph 1 also apply to items that are marked as "free" or "gratis" within a bundle. These items are also excluded from return and refund.

14.3 The special conditions for bundle offers apply exclusively to the items included in the bundle. For all other products that are not part of a bundle, the regular cancellation and return conditions apply.