Terms of service
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Schmitz Textilimporte GmbH) via the website www.chili-socks.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own is rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or a similar designation) and entering your personal data as well as the payment and shipping conditions, the order details will finally be displayed as an order overview.
If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review and change the information in the order overview again (including by using the “back” function of your internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “place order with obligation to pay”, “pay” / “pay now” or similar designation), you declare your legally binding acceptance of the offer, thereby concluding the contract.
(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by email), which you may accept within 5 days unless a different period is specified in the respective offer.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured and, in particular, that they are not prevented by spam filters.
§ 3 Individually Designed Goods
(1) You shall provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email no later than immediately after conclusion of the contract. Any specifications provided by us regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to names or trademark rights) or violates applicable laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for accuracy of content and therefore accept no liability for errors in this respect.
§ 4 Special Agreements Regarding Offered Payment Methods
(1) Payment via SOFORT / Sofortüberweisung
If you select Sofort / Sofortüberweisung as your payment method, payment will be processed by Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). A prerequisite for using payment via SOFORT is that you have an online banking account enabled for this purpose. During the payment process as part of the order, you must authenticate yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be charged immediately after the order has been placed. Further information about SOFORT can be found at https://www.klarna.com/sofort/.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, payment will be processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods available via “PayPal” are displayed under a correspondingly designated button on our website and during the online ordering process. PayPal may use additional payment services to process payments; where special payment conditions apply, you will be informed separately. Further information about PayPal can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 5 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following additionally applies:
a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer by way of security of the goods subject to retention of title is not permitted before ownership has passed.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale, and we accept the assignment. You remain authorised to collect the claims. However, if you fail to properly fulfil your payment obligations, we reserve the right to collect the claims ourselves.
c) If the goods subject to retention of title are combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of the goods subject to retention of title compared with the other processed items at the time of processing.
d) At your request, we undertake to release the securities to which we are entitled insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is at our discretion.
§ 6 Warranty
(1) The statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty rights.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of it before you submitted your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies in deviation from the above warranty provisions:
a) Only our own information and the manufacturer’s product description shall be deemed agreed characteristics of the goods, but not other advertising, public statements or statements made by the manufacturer.
b) In the event of defects, we shall provide warranty service at our discretion by rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, request a reduction in price or withdraw from the contract. The remedy shall be deemed to have failed after the second unsuccessful attempt unless otherwise indicated by the nature of the goods, the defect or other circumstances. In the event of rectification, we are not required to bear increased costs resulting from the goods being transported to a location other than the place of performance, unless such transportation corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
to damage attributable to us caused culpably by injury to life, body or health and to other damage caused intentionally or through gross negligence;
insofar as we have fraudulently concealed the defect or provided a guarantee for the quality of the goods;
to goods that have been used for a building in accordance with their usual purpose and have caused the building to be defective;
to statutory rights of recourse that you have against us in connection with rights relating to defects.
§ 7 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence.
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is unknown at the time legal action is brought. The right to bring proceedings before another court with statutory jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Schmitz Textilimporte GmbH
Aschershainer Str. 6, 04746 Hartha, Germany
Phone: 01633570666
Email address: info@chililifestyle.com
Alternative Dispute Resolution:
The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps required to conclude the contract, the conclusion of the contract itself and the options for correcting entries are carried out in accordance with the provisions “Conclusion of the Contract” in our General Terms and Conditions (Part I).
3. Contract Language, Storage of the Contract Text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser’s print function or saved electronically. After we receive the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contractual data as part of a binding offer in text form, e.g. by email, which you can print or save electronically.
4. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Delivery Conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not designated by the trader or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were prepared by lawyers specialising in IT law from Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal compliance of the texts and assumes liability in the event of warning notices. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last updated: 29 November 2022