General Terms and Conditions (GTC) and Consumer Information
Contact details for our service –
your provider and contractual partner:
E-GERRY WEBER Digital GmbH
District Court Gütersloh HRB 8104
Managing Director: Niklas Adamkiewicz, Florian Frank
You can reach us by e-mail at: email@example.com
Should you require any further information or assistance, please visit our Help Center.
For any further information about returns, please visit our returns portal.
1. Scope, Terms
1.1 The relationship between us,
E-GERRY WEBER Digital GmbH, Neulehenstraße 8, 33790 Halle/Westphalia, registered in the commercial register of the District Court of Gütersloh, Germany, HRB 8104, and the customer regarding transactions on our worldwide website (https://www.gerryweber.com/en-eu/) shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order. However, the terms and conditions do not apply to orders that customers place with us outside the online shop.
1.2 With the terms and conditions, we regulate the details of the contractual relationship and at the same time provide essential consumer information.
1.3 We strive at all times to reach unanimity with our customers and third parties. Use our service contact at firstname.lastname@example.org or any other means to contact the service. You are also welcome to simply call us (05201 180 9404). Of course, even without a phone call, your rights remain unaffected without restriction. The European Commission maintains a platform for online dispute resolution with further information, which can be accessed on the internet under the link http://ec.europa.eu/consumers/odr/. However, we do not participate in a formal dispute resolution procedure before consumer arbitration boards.
1.4 If deadlines are specified in working days, this includes all weekdays with the exception of Saturdays, Sundays and public holidays at our headquarters in Halle / Westphalia (NRW). Christmas Eve and New Year's Eve are treated like public holidays.
1.5 Goods within the meaning of these terms and conditions are all products and services that can be purchased in our online shop as part of an online order.
Customers have the right to object at any time to electronic advertising (e-mail, text messages) and the processing of his/her data for direct marketing purposes without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive further advertising, please let us know via the unsubscription link contained in each advertising message or via the contact details listed at the beginning of these GTC.
3.1 We keep these terms and conditions and the other contractual provisions with the data of your order available for retrieval during the ordering process. You can easily archive this information there by downloading the terms and conditions and saving the data summarized in the order process in the online shop with the help of the functions of your browser. After completion of your order, you will also receive the automatic order confirmation which we will also send you by e-mail to the address you have provided. This e-mail contains the contractual provisions with the data of your order and can be easily printed out or stored with your e-mail program. You can also find the terms and conditions in the currently valid version on our website.
3. Storage Option and Access to the Text of the Contract
3.2 The text of the contract is stored by us, but for security reasons it cannot be directly accessed by you. We offer password-protected direct access ("My Account" after registration) for each customer. Here you can manage your data and view order data if you register accordingly.
4. Contracting Party, Language and Conclusion of Contract
4.1 Your contractual partner is E-GERRY WEBER Digital GmbH. In our worldwide online shop (shop selection EU | Worldwide), the contract is concluded under the present terms and conditions only in English. Irrespective of this conclusion of the contract, you have access to separate ordering options for other countries via our localized websites via a shop selection at the respective local requirements, general terms and conditions and consumer information in corresponding language versions. Information about what other options are available can be found at the bottom of the homepage of our online shop under "shop selection".
4.2 The presentation of goods in our online shop does not constitute a binding offer to conclude a purchase contract. Our promotional offers are non-binding as long as they do not become the content of a contractual agreement.
4.3 Customers can select goods from our offer selection and compile them in the virtual shopping cart. Before placing the order, the customer can check and correct his/her data. If customers click on "order with obligation to pay", they submit a binding offer to conclude a purchase contract with regard to the goods compiled in the virtual shopping cart.
4.4 By accepting your offer, we agree to conclude a contract with you for the desired order. We accept your offer when you receive a notification of the dispatch of the ordered goods by e-mail.
4.5 You will usually receive the e-mail with the shipping notification on the next working day after receipt of your offer. If it takes longer: You are bound to your offer for a maximum of two working days. You can, of course, cancel the entire or parts of your order before we have declared acceptance.
4.6 We are entitled to cancel the order if the product is not in stock or if we detect an obvious and unmistakable error in the price or description of the product. In this case, we will inform the customer immediately by e-mail and refund any payment already made within seven days.Only persons of legal age who have a delivery address in one of the countries in our country selection are allowed to order.
5. Prices, Shipping Costs
For orders in our online shop, the prices listed in the offer at the time of the order apply. The prices quoted are total prices, i.e. they include the applicable German statutory value added tax and other price components. We provide our customers with details of shipping costs during the ordering process in the online shop.
6. Payment, Delivery
6.1 We exclusively offer the payment options listed under https://www.gerryweber.com/en-eu/faq/#payment. We reserve the right (depending on the result of a credit check) to refer to another payment method for acceptance of an agreement, instead of the payment method “purchase on account”. There is no entitlement to payment by purchase on account.
6.2 We use the shipment services providers mentioned under https://www.gerryweber.com/en-eu/faq/#delivery for postal shipments. You will receive a message from us when the goods have left our premises. If delivery was not possible, you will receive a message from the carrier stating the further options.
6.3 If we are unable to meet a delivery deadline for reasons for which we are not responsible (force majeure, strike action, lockouts, etc.), we will inform the customer without undue delay, stating a new delivery deadline. The statutory rights of the customer remain unaffected by this.
7. Retention of Title
The goods remain our property until full payment has been made.
8. Right of Withdrawal for Consumers
8.1 Below you will find instructions on the requirements and consequences of the statutory right of withdrawal for mail order orders. This does not entail a contractual granting of rights beyond statutory law. In particular, commercial purchasers are not entitled to the statutory right of withdrawal.
INFORMATION ON WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without statement of any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us (Gerry Weber Online Shop, P.O. Box 201101, 49092 Münster, Germany Phone: 00800 999 22 333; E-mail: email@example.com) by means of an unambiguous declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose but this is not mandatory.
In order to observe the withdrawal period, it is sufficient that you send the notification of the exercise of the withdrawal right before the lapse of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we need to refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may withhold refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and no case later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is observed if you send the goods before the lapse of the period of fourteen days.
We will bear the costs for sending back the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functioning of the goods.
8.2 Sample withdrawal form
The "sample withdrawal form" mentioned in the previously listed information on withdrawal can be found below. You do not necessarily have to use it. You can also use our returns form for shipments which we enclose with each shipment of goods or word your withdrawal yourself in any case.
SAMPLE WITHDRAWAL FORM
(If you want to withdraw from the contract, please fill out this form and send it back.)
- To: Gerry Weber Online-Shop, P.O. Box: 201101, 49092 Münster; E-mail: firstname.lastname@example.org)
- 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 consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- (*) Delete as appropriate.
9. Warranty and complaint management
9.1 The statutory provisions apply to the warranty in the event of defects of the goods. The warranty rights are independent of the right of withdrawal. For damages, Sec. 10.
9.2 We value your customer satisfaction. You can contact us at any time via one of the contact channels given above. We endeavour to examine your request as quickly as possible and will contact you after having received your request. In the event of a complaint, you can help us by describing the subject of the problem as precisely as possible and, if necessary, by sending copies of the order documents or at least by stating the order or customer number. If you do not receive a response from us within three days, please ask again. In rare cases, e-mails may have got "stuck" in spam filters with us or with you, or a message by other means may not have reached you or may have been accidentally omitted.
10.1 We shall be liable without limitation for intent and gross negligence. In the event of simple negligence, we shall only be liable for damages resulting from injury to life, body or health or an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.
10.2 In the event of a simply negligent breach of essential contractual obligations, our liability shall be limited to the amount of the foreseeable, typically occurring damage. In all other respects, our liability for simple negligence is excluded.
10.3 The above limitations of liability shall also apply in favour of our legal representatives and vicarious agents.
10.4 The above limitations of liability shall not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.
11. Transfer of Rights
We have the right to transfer this contractual relationship to one of the following companies without this transfer requiring the consent of the online customer:
- GERRY WEBER International AG, Neulehenstr. 8, 33790 Halle/Westphalia
- Life-Style Fashion GmbH, Neulehenstr. 8, 33790 Halle/Westphalia
12. Applicable Law
12.1 The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international convetions, even after their adoption into German law, shall not apply. This choice of law includes that the customer with habitual residence in one of the states of the EU or Switzerland is not deprived of the protection granted by mandatory provisions of the law of that state.
12.2 The place of jurisdiction shall be governed by the statutory provisions.
13. Severability clause
Should individual provisions of these general terms and conditions not be legally effective in whole or in part or lose their legal validity at a later date, this shall not affect the validity of the remaining general terms and conditions. The invalid provisions shall be replaced by the statutory provisions. The same applies if there is an unforeseen gap in the general terms and conditions.
Version dated 17.04.2023