1. Scope of application/contact details
1.1
These General Terms and Conditions of Business (hereinafter referred to as “GTC”) in their version valid at the time of the respective order apply to all contracts concluded in our online shop on carhartt-wip.com (hereinafter referred to as “Online Shop”) between us, WORK IN PROGRESS TEXTILHANDELS GMBH, and you as our Customer (“Customer”).
1.2
The GTC regulate the details of the contractual relationship and, at the same time, contain important consumer information in the legally relevant version. Via links in the online store, the Customer can retrieve the GTC when ordering, save them on their computer and/or print them out. The General Terms and Conditions applicable for the order shall be sent to the Customer again separately together with the contract confirmation upon delivery of the goods on a permanent data carrier (by email in a PDF attachment).
1.3
Any General Terms and Conditions of Business of your own that deviate from, conflict with or supplement our GTC shall only become part of the contract if they have been expressly acknowledged by us in writing. Our mere knowledge of your General Terms and Conditions of Business does not make them part of the contract.
1.4
The version of the GTC valid at the time of conclusion of the contract shall be decisive.
1.5
Our contact details are:
WORK IN PROGRESS TEXTILHANDELS GMBH
Hegenheimer Strasse 16
79576 Weil am Rhein / Germany
Telephone: +49-(0)7621 966 1
E-mail: info@carhartt-wip.com
Legal representatives (Managing Directors): Willem Kampert, Heinfried Schmidt-Jenne, Philipp Maiburg, Tobias Öhme
Commercial Register District Court Lörrach No. HRB 412212
Hereinafter, “we” or “Seller”.
2. Approved Customers, order quantities
2.1
The merchandise offered in the Online Shop is aimed exclusively at adult consumers. A consumer within the meaning of the legal definition is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
2.2
Furthermore, we only accept those orders that provide for the delivery of typical consumer quantities.
3. Purchase order processing, conclusion of the contract
3.1
The presentation and advertising of products in our Online Shop does not constitute a binding offer to sell these products. Instead, this presentation is merely intended to invite you to place a binding offer yourself to purchase the products you have placed in the shopping cart.
3.2
You can select products in the Online Shop and place them in a virtual shopping cart by clicking on the “Place in shopping cart” button, which can be accessed at any time in the Online Shop by clicking on a shopping cart icon.
3.3
By clicking on the shopping cart icon, you can start the actual ordering process. You can go through the ordering process with or without creating a personal user account. In the ordering process, enter your address and select the shipping and payment method (if several options are available). For certain payment methods, you have to enter additional payment information (such as the card number, cardholder, expiration date and security code when paying by credit card). If you optionally create a personal user account, your address data will be retained for future orders. After entering the aforementioned data, you will be taken to a page (hereinafter referred to as “order overview”), which summarizes your order again and gives you the opportunity to identify any input errors. By clicking your browser’s back button, whether on a computer or mobile device, and modifying the relevant fields on the pages that appear, you can change and correct the selected products and your information before completing the order and then return to the order overview using the corresponding buttons on the individual pages.
3.4
The order is completed by clicking the “place order” button. By clicking this button, you are giving us a binding offer to purchase the products listed in the order overview.
3.5
After submitting the order, you will receive an automatic confirmation of receipt by email, which will show the content of the order once again. This automatic confirmation of receipt does not yet constitute acceptance of the offer, but merely confirms that we have received the order. The contract is only concluded upon our declaration of acceptance, which we provide by sending you a shipping confirmation via email.
3.6
The contract is available in both German and English.
3.7
The contract text (consisting of the following components: your order, these GTC and the shipping confirmations sent to you by us) will be stored by us after the conclusion of the contract. The contract text will be sent to you via email.
3.8
We may cancel a Customer’s order under the following circumstances:
- we have legitimate reason to suspect illegal or fraudulent activities, in particular if the quantity of goods is significantly higher than the usual quantities ordered;
- the product is not in stock.
In this case, we will inform the Customer immediately by email. In this case, we undertake to reimburse all payments that we have already received from the Customer for the undelivered goods (including any payments made for a certain shipping option) immediately (no later than after 7 days) from the date of cancellation. For this repayment, we use the same payment method used by the Customer in the original transaction, unless expressly agreed otherwise with the Customer; in no case will the Customer be charged fees for this repayment.
3.9
The statutory right of revocation of the Customer (Section 9) and the warranty rights of the Customer remain unaffected by the above provisions.
4. Prices and shipping costs
4.1
Unless otherwise indicated, the prices listed in our Online Shop include the applicable statutory VAT. The Seller shall inform the Customer of any shipping costs incurred during the order process and again in the shopping cart immediately before the order is placed (in the order overview). The Customer is responsible for these shipping costs.
4.2
A minimum order value of EUR 20.00 applies to all orders.
4.3
If we send you partial deliveries in accordance with Clause 6.5 of these GTC, the shipping costs shown in the Online Shop will only apply to the first partial delivery.
5. Payment terms and offsetting
5.1
We only accept the payment methods offered in the Online Shop.
5.2
The purchase price is due when the purchase contract is concluded. If payment by credit or debit card is selected, the Customer’s account will be debited when the order is placed. The amount to be paid is charged to the bank account after the Customer has entered the card data, but under no circumstances before the “place order” button is pressed.
5.3
Purchase on account with Klarna (only available in Germany): In cooperation with Klarna, we enable a purchase on account, whereby the invoice amount is due to Klarna within 28 days.
5.4
If the payment method “PayPal” is used, the bank or PayPal account is debited after the Customer has placed the order. To complete the payment, the Customer will immediately switch to the payment provider’s website after ordering and release the transaction; from there, the Customer will return to the Seller’s online store.
5.5
The Customer agrees to receive invoices electronically. Electronic invoices are sent to the Customer by email as a PDF attachment.
6. Delivery/delivery deadlines/partial deliveries
6.1
Delivery will be made to the delivery address you provided during the ordering process.
6.2
If we do not inform you of any other delivery period during the order process or in the shipping confirmation, the delivery process will be approx. 2-5 business days from the shipping confirmation.
6.3
We deliver via a shipping company. A list of the shipping companies we use can be found in the FAQ of the Online Shop.
6.4
As soon as we hand over the products to be delivered to you to the relevant shipping company, you will receive a shipping confirmation with a tracking link that you can use to track the status of the delivery.
6.5
We are entitled to make partial deliveries within a reasonable limit for you.
7. Self-delivery clause
7.1
We will be released from our contractual obligation to deliver a product you have ordered if all of the following conditions apply cumulatively: (i) we source the product from a sub-supplier, (ii) we have concluded a corresponding purchase agreement for the product with the sub-supplier prior to concluding the contract with you, (iii) the sub-supplier does not deliver the product to us and (iv) we are not responsible for the failure of the sub-supplier to deliver.
7.2
If our obligation to deliver to you in accordance with Section 7.1 ceases to apply, we will inform you immediately of the non-availability and will immediately refund any payment you have already made for the goods and their delivery.
8. Retention of title
The delivered goods remain our property until the purchase price has been paid in full.
9. Right of revocation and cancellation policy
9.1
When concluding distance contracts for the purchase of products offered in the Online Shop, consumers have a statutory right of revocation in accordance with § 312g in conjunction with Section 355 BGB (Bürgerliches Gesetzbuch [German Civil Code]). The following information about this right of revocation is provided in accordance with the statutory provisions:
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Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period will expire after fourteen days from the day on which you, or a third party other than the carrier and indicated by you, acquire(s) physical possession of the goods.
In order to exercise your right of cancellation, you must inform us:
WORK IN PROGRESS TEXTILHANDELS GMBH
Hegenheimer Strasse 16, 79576 Weil am Rhein / Germany
Telephone number: +49-(0)7621 966 1
Email address: onlineshop@carhartt-wip.com
by means of a clear declaration (e.g., a letter sent by post or email) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient to send notification stating your intention to exercise your right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you revoke this contract, we must immediately repay all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have selected a different type of delivery than the cheapest standard delivery offered by us), and no later than within fourteen days from the day on which we have received notification of your revocation of this contract. For this repayment, we will use the same payment method used by you in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees for this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you notify us of the cancellation of this contract, to the following business address:
WORK IN PROGRESS TEXTILHANDELS GMBH
B2C Retoure
Rebgartenweg 6
79576 Weil am Rhein / Germany
The deadline is met if you send the goods before the expiry of the period of fourteen days.
We shall bear the costs of returning the goods.
You are only liable to pay for any loss in value of the goods if this loss in value is due to unnecessary handling on your part to check the quality, properties and functioning of the goods.
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9.2
Below, we are providing you with the model withdrawal form mentioned above in the cancellation policy in Section 9.1 of these GTC, although its use is not mandatory:
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Sample cancellation form
(If you wish to revoke the contract, please complete this form and return it.)
— To WORK IN PROGRESS TEXTILHANDELS GMBH
Hegenheimer Strasse 16, 79576 Weil am Rhein / Germany
Telephone number: +49-(0)7621 966 1
Email address:
onlineshop@carhartt-wip.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
— Ordered on (*)/received on (*)________________
— Name of the consumer(s)__________________
— Address of the consumer(s)_________________
— Signature of the consumer(s) (only for communication on paper)
— Date
_______________
(*) Delete as applicable.
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10. Liability for defects
Your claims and rights in the event of defects in the purchased goods are based on the statutory provisions. The Seller shall be liable for damages exclusively in accordance with Clause 11.
11. Liability
11.1
The Seller shall be liable without limitation for intent and gross negligence. For simple negligence, the Seller shall only be liable for damages arising from injury to life, body, health or a significant contractual obligation (an obligation that has to be fulfilled to enable the proper execution of the contract in the first place and in whose compliance the Contractual Partner regularly trusts and on which it may rely).
11.2
In the event of a simple negligent breach of essential contractual obligations, the Seller’s liability is limited in amount to the foreseeable, typically occurring damage. In all other respects, the Seller’s liability is excluded.
11.3
The aforementioned limitations of liability shall also apply in favor of the Seller’s legal representatives and vicarious agents.
11.4
The aforementioned limitations of liability do not apply if the Seller has fraudulently concealed a defect or has provided a guarantee for the quality of the goods. The same applies to claims of the Customer under the Product Liability Act.
12. Customer Service / Complaints
You can contact us using the contact details listed above in Clause 1.5 at any time by letter, telephone or email for questions, comments, complaints and other declarations regarding your orders or our deliveries.
13. Online dispute resolution
According to the Regulation on Online Dispute Resolution in Consumer Matters https://ec.europa.eu/odr), we are obligated to inform you: We are not obligated to participate in a dispute resolution procedure before a consumer arbitration body and are not willing to do so.
14. Choice of law and place of jurisdiction
14.1
The law of the Federal Republic of Germany shall apply to contracts between the Seller and the Customer as well as these GTC.
14.2
For the place of jurisdiction, the statutory provisions shall apply.
Version: 07 August 2024
