Terms of service

General Terms and Conditions (T&C)

§ 1 SCOPE, DEFINITION OF TERMS

These General Terms and Conditions (further referred to as T&C) apply to all contracts concluded via our online shop shop.raffauf.de (further referred to as online shop) between us,

RAFFAUF Fair Fashion GmbH

Ostpreußendamm 170 A

12207 Berlin

GERMANY

(further referred to as genannt)

, and you as our customers (further referred to as “customer”).

The T&C apply exlusively to consumers. Separate B2B T&C apply for business customers.

All agreements and offers made between you and us in connection with the purchase contract are based on the T&C of RAFFAUF. These are accepted when the order is placed, i.e. when the order is placed in the RAFFAUF online shop, or when the order confirmation is received. Our T&C shall apply exclusively. We do not accept any deviating terms and conditions of the customer unless we have expressly agreed to their validity in writing. Our T&C shall also apply exclusively if we carry out the delivery without reservation in the knowledge of deviating conditions of the customer.

The version of the T&C valid at the time of conclusion of the contract shall apply.

Our T&C shall also apply to all future transactions with the customer.

§ 2 CONCLUSION OF CONTRACT

In the event of the conclusion of a contract, the contract shall be concluded with RAFFAUF.

The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods by clicking on the order button, the customer submits a binding offer to conclude a purchase contract.

Before the binding submission of the order, the customer can return to the website on which the customer's details are recorded and correct input errors by pressing the "back" button in the internet browser used by him/her after checking his/her details, or cancel the order process by closing the internet browser.

The contract is not concluded until we have issued a declaration of acceptance, which is sent in a separate e-mail. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order confirmation and T&C) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout).

If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

§ 3 CANCELLATION RIGHT

The RAFFAUF online shop only accepts returns of goods that were also purchased in the RAFFAUF online shop. Please always return goods purchased in a shop directly on site. In the event of unauthorised non-acceptance of the delivered goods, costs and damages shall be borne by the customer. Returned goods will not be accepted without our prior consent.

When purchasing from our shop, you have the right to revoke the purchase contract within fourteen days without giving reasons. (Please note that different rights apply to customers who are habitually resident in a country that is neither a member of the EU nor the EEA). The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (RAFFAUF Fair Fashion GmbH, Ostpreußendamm 170 A, 12207 Berlin, raffauf@raffauf.de) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of withdrawal: If you withdraw from this contract, we must refund your payment, less any shipping costs paid, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period. Please make sure to keep the proof of posting until you receive confirmation from us that we have received your return. This receipt proves the date of return.

In the event of cancellation, the customer shall bear the direct costs of returning the goods in accordance with Section 357 (6) of the German Civil Code (BGB). These also extend to the costs of returning the goods if the goods cannot be returned by normal post due to their nature.

Please note that the delivered goods may only be used for the purpose of inspection - for example, as is usual in a shop for trying on - and avoid damage and contamination. You only have to pay for any loss in value of the goods if this is due to handling that is not necessary for testing the condition, properties and functioning of the goods.

Please return the goods to us in an insured parcel with the label and in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.

For customers with habitual residence in a country that is neither a member of the EU nor the EEA, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German consumer protection law. Customers with habitual residence in a country that is neither a member of the EU nor the EEA therefore, as a general rule, have no right to return the goods or withdraw from their order. Irrespective of this choice of law, the mandatory consumer protection law of the country in which they have their habitual residence at the time of the conclusion of the contract shall always apply to consumers.

§ 4 RIGHT OF WITHDRAWAL

We shall be entitled to withdraw from the contract if the customer has made false statements about his/her creditworthiness or if, due to circumstances for which we are not responsible, it is not possible for us to purchase the object of purchase ourselves in accordance with the contract or if obstacles to performance which cannot be overcome with reasonable expenditure stand in the way of delivery.

If RAFFAUF is prevented from fulfilling its delivery obligation due to the occurrence of unforeseeable extraordinary circumstances which could not be averted despite reasonable care in the circumstances and for which RAFFAUF is not responsible, the delivery period shall be extended accordingly. This shall apply to RAFFAUF as well as to suppliers. In the event that the above-mentioned circumstances cannot be overcome, RAFFAUF shall be entitled to withdraw from the contract and shall be released from its delivery obligation. Claims for damages on the part of the buyer shall be excluded if the above-mentioned conditions occur. If performance becomes impossible for such a reason, RAFFAUF shall be released from its delivery obligation. We shall notify the customer without delay as soon as it is known that the above-mentioned circumstances will affect the delivery.

In the event of withdrawal, we shall inform the customer immediately of the non-availability and reimburse any consideration received without delay. Transport packaging and outer packaging will not be taken back.

§ 5 DELIVERY CONDITIONS

Delivery will be made to the agreed address.

If the customer has chosen payment in advance, we will not dispatch the goods before receipt of payment.

Delivery times are subject to correct and timely self-delivery, unless we bindingly promise delivery times. The beginning of the written delivery time stated by us requires the clarification of all questions regarding the product.

In the event of unauthorised non-acceptance of the delivered goods, costs and damages shall be borne by the customer. Return shipments of delivered goods will not be accepted without our prior consent.

With regard to liability for damage caused by delay, the limitations of liability pursuant to § 12 shall apply accordingly.

If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us, including any additional expenses. We reserve the right to assert further claims and the defence of non-performance of the contract. In this case, the risk of accidental loss or accidental deterioration of the object of sale shall also pass to the customer at the point in time at which the customer defaults on acceptance.

We are entitled to make partial deliveries insofar as this is reasonable for the customer. In the event of a partial delivery, you will incur shipping costs for the first partial delivery, in deviation from § 6. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

§ 6 PRICES AND DELIVERY CHARGES

Within the EU, all prices in our online shop are gross prices including VAT. For customers from the USA, the prices shown are net prices.

Our prices do not include packaging and shipping. The packaging and shipping costs are indicated in our price quotations and our online shop. The price including VAT and applicable packaging and shipping costs is also displayed in the order overview before you submit the order.

Customers who have their habitual residence in a country that is not a member of the EU or the EEA are also responsible for the payment of any taxes or other duties that may be due.

§ 7 TERMS OF PAYMENT

The customer has the option of paying by instant bank transfer, credit card, PayPal and any other means of payment offered in the RAFFAUF online shop.

Unless otherwise stated in the declaration of acceptance, the purchase price is due immediately upon conclusion of the contract. Default shall occur if the customer does not pay within two calendar weeks of receipt of the invoice. Merchants within the meaning of the German Commercial Code (HGB) shall be obliged to pay corresponding interest from the due date.

In the event of deferral of the purchase price, interest shall be paid on the amount of the default interest.

If advance payments or securities are not provided in due time, we may withdraw from the contract or refuse further deliveries and services and assert claims for non-performance after setting a deadline to no avail.

In the case of payment by direct debit, you shall bear any costs incurred as a result of a chargeback of a payment transaction due to lack of funds in the account or due to incorrect bank details provided by you.

If the customer defaults on a payment in whole or in part or if an application is made to open insolvency proceedings against its assets, RAFFAUF shall be entitled, without prejudice to other rights, to declare all claims, including deferred invoice amounts, against the customer immediately due and payable. In this case, we shall only be obliged to make further deliveries against advance performance. In such a case, any agreed discounts and rebates shall lapse.

The customer shall not be entitled to assign claims against RAFFAUF to third parties.

§ 8 OFFSETTING AND RIGHT OF RETENTION

The customer shall only have a right of set-off insofar as we have acknowledged the claim or the claim is undisputed or has been legally established.

The customer may only exercise a right of retention if his/her counterclaim is based on the same purchase contract. The right of retention refers to the individual purchase and not to a possible summary in an invoice.

§ 9 RESERVATION OF OWNERSHIP

The delivered goods remain our property until full payment of the purchase price (including VAT and shipping costs).

If the customer is not a consumer, we shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the return of the goods on the basis of the retention of title in the event of the customer's conduct in breach of contract, in particular in the event of default in payment. The demand for return does not at the same time include the declaration of withdrawal; we are rather entitled to demand only the return of the goods and to reserve the right of withdrawal. If the customer does not pay the purchase price due, we may only assert these rights if we have previously set the customer a reasonable deadline for payment without success or if setting such a deadline is dispensable according to the statutory provisions.

In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). If the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO, the customer shall be liable for the loss incurred by us. However, this shall only apply insofar as these costs incurred are due to culpable conduct on the part of the customer in breach of contract.

The customer shall be entitled to resell the object of sale in the ordinary course of business.

In this case, the following provisions shall apply in addition:

(a) The reservation of ownership extends to the products resulting from the processing, mixing or combining of our goods at their full value, whereby we are deemed to be the manufacturer. If, in the event of processing, mixing or combining with goods of third parties, their right of ownership remains, we shall acquire co-ownership in proportion to the invoice values of the processed, mixed or combined goods. In all other respects, the same shall apply to the resulting product as to the goods delivered under reservation of ownership.

(b) The customer hereby assigns to us by way of security all claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph.

(c) The customer shall remain authorised to collect the claim in addition to us. We undertake not to collect the claim as long as the customer meets his/her payment obligations towards us, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his/her ability to pay. If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.

(d) If the realisable value of the securities exceeds our claims by more than 10%, we shall release securities of our choice at the customer's request.

§ 10 TRANSFER OF RISK

The time of the transfer of risk results from § 474 BGB.

§ 11 WARRANTY FOR DEFECTS

We are liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

However, if the customer is an entrepreneur, we may choose between rectification of the defect or delivery of a defect-free item, whereby notification of the defect can only be made in text form (also by fax or e-mail) to the customer within three working days of receipt of the notification of the defect.

We may refuse the type of subsequent performance chosen by the customer if this is only possible at disproportionate cost.

The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods shall be deemed to have been approved by the customer if a defect has not been reported to us

(a) in case of obvious defects within five working days after delivery or

(b) otherwise notified within five working days after discovery of the defect. Transport damage must be reported to us in writing without delay. In the case of delivery by rail, by vehicles of commercial goods transport, local and long-distance transport or by other means of transport, the customer shall carry out the necessary formalities vis-à-vis the carrier.

§ 12 LIABILITY

We shall be liable to the customer in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

In other cases, we shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability. Likewise, our liability in the event of the existence of a guarantee or the assumption of a procurement guarantee shall remain unaffected by the above limitations and exclusions of liability.

Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

Our customer service for questions, complaints and claims is usually available on weekdays by telephone at +49 (0) 30 75442592 or by e-mail at raffauf@raffauf.de.

§ 13 SHIPPING DAMAGE

If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery agent and contact us as soon as possible.

Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

§ 14 COPYRIGHT

We have copyrights to all pictures, films, texts and other documents published in our online shop. Use of the images, films, texts and other documents is not permitted without our express consent.

§ 15 PRIVACY

We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and processing of the purchase contract and for as long as we are obliged to store this data due to statutory provisions.

We reserve the right to transmit personal data of the customer to credit agencies if this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in the individual case. We will not otherwise pass on personal customer data to third parties without the express consent of the customer, unless we are legally obliged to do so.

We are not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those mentioned above.

§ 16 CONTRACTUAL LANGUAGE

Only German is available as the contractual language.

§ 17 APPLICABLE LAW AND PLACE OF JURISDICTION

It is agreed that German law shall apply, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1. For consumers with habitual residence in a country that is neither a member of the EU nor the EEA, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German consumer protection law.

If the customer is a merchant, our place of business shall be the place of jurisdiction; this shall also apply to actions on cheques and bills of exchange. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction. The place of performance is Berlin.

§ 18 FINAL PROVISIONS

The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become ineffective.

Other agreements and declarations of intent must be in writing. 

The status of the T&C is from March 2022.

ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 ABS. 1 ODR-VO AND § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr/. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board.