Terms of service

General Terms and Conditions

§ 1 Scope
(1) These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop clothesofculture.com between Scott Scheidgen, trading as “Clothes of Culture”, Sebastianusstraße 3, 41569 Rommerskirchen, Germany, email: hello@clothesofculture.com (hereinafter “the Seller”) and the customer. The version valid at the time of the order applies.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB).
(3) Deviating terms of the customer do not become part of the contract unless the Seller expressly agrees to their validity.

§ 2 Conclusion of the contract
(1) The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) The ordering process works as follows: The customer places the desired items in the cart and proceeds to checkout, where they enter their contact and delivery details and choose the shipping and payment method. Before completion, all order details are shown in an overview. The customer can correct input errors at any time before submitting the order, using the respective input fields, the edit function or the back function of their browser. By clicking the “Pay now” button, the customer submits a binding offer to purchase the goods in the cart.
(3) The Seller confirms receipt of the order by email without delay. This acknowledgement of receipt does not yet constitute acceptance of the offer.
(4) The purchase contract is concluded when the Seller expressly accepts the order by email or ships the goods, but at the latest as follows: for payment methods where the payment process is initiated immediately after the order (in particular credit card, PayPal, Apple Pay, Google Pay, Shop Pay and Klarna), the contract is concluded as soon as this payment process is completed.

§ 3 Prices and payment terms
(1) All prices shown are final prices in the currency displayed in the online shop. As a small business within the meaning of Section 19 of the German VAT Act (UStG), the Seller does not charge VAT and therefore does not show it.
(2) Shipping costs may apply in addition to the stated prices. Their amount is shown in the shipping information in the online shop and before the order is completed.
(3) Payment can be made by credit card (Visa, Mastercard, American Express, Maestro, UnionPay), PayPal, Apple Pay, Google Pay, Shop Pay, Klarna or other payment methods offered during checkout. When paying via a payment service provider, its terms of use and business terms also apply. For Klarna payment methods, in particular pay by invoice, availability depends on a credit check by Klarna.
(4) The purchase price is due upon conclusion of the contract, unless the chosen payment method provides otherwise.
(5) Discount codes can only be redeemed before the order is completed. They cannot be applied retrospectively to an order that has already been placed.

§ 4 Delivery
(1) Delivery is made to the delivery address provided by the customer, in the countries that can be selected during checkout.
(2) Order processing takes 1 to 3 working days. After that, unless stated otherwise for the respective item, the shipping time is:
– Germany, Austria, France, Italy, Spain, United Kingdom, USA, all other EU member states and Norway: 3 to 10 working days
– Switzerland: 7 to 12 working days
– all other countries: up to 14 working days
(3) For payment methods with immediate payment initiation, the delivery period begins on the day after the payment order is issued; for all other payment methods, on the day after conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
(4) For deliveries to countries outside the European Union, in particular Switzerland, the United Kingdom and the USA, the Seller covers any customs duties and import charges. The customer incurs no additional costs for this.
(5) Partial deliveries are permitted where reasonable for the customer. The Seller bears any additional shipping costs resulting from this.
(6) The Seller is not responsible for delivery delays caused by force majeure or other events beyond the Seller’s control (e.g. severe weather, strikes, official measures, disruptions at the shipping provider). In this case the Seller informs the customer without delay. The customer’s statutory rights remain unaffected.
(7) If the ordered goods are not available because the Seller, through no fault of its own, is not supplied by its supplier despite having concluded a corresponding supply contract in good time, the Seller may withdraw from the contract. In this case the Seller informs the customer without delay and refunds any payments already made without delay.
(8) For consumers, the risk of accidental loss and accidental deterioration of the goods passes only upon handover to the customer.

§ 5 Retention of title
The goods delivered remain the property of the Seller until the purchase price has been paid in full.

§ 6 Right of withdrawal and returns
(1) Consumers whose habitual residence is in a member state of the European Union have a statutory right of withdrawal in accordance with the withdrawal policy.
(2) Consumers whose habitual residence is in the United Kingdom have a 14-day right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. The withdrawal policy applies accordingly to its exercise.
(3) Customers whose habitual residence is outside the European Union and the United Kingdom, in particular in Switzerland and the United States of America, have no statutory right of withdrawal. The Seller may voluntarily accept returns from these customers as a goodwill gesture and refund the purchase price in full or in part. There is no entitlement to this. Returns must be arranged in advance by email to hello@clothesofculture.com; goods returned without prior agreement cannot be accepted.

§ 7 Warranty and transport damage
(1) The statutory rights for defects apply. The statutory warranty period is two years from delivery of the goods.
(2) If goods are delivered with obvious transport damage, the customer is asked to report such damage to the delivery agent as soon as possible and to inform the Seller at hello@clothesofculture.com. If the customer does not do so, this has no effect whatsoever on their statutory claims, in particular their warranty rights. The notification only serves to enable the Seller to assert its own claims against the shipping provider.

§ 8 Liability
(1) The Seller is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health.
(2) In the event of simple negligence, the Seller is only liable for breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely (cardinal obligation). In this case, liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, liability is excluded. Liability under the German Product Liability Act and under any guarantee given remains unaffected.

§ 9 Contract language and storage of the contract text
(1) The languages available for concluding the contract are German, English and French.
(2) The Seller stores the contract text. The customer receives the order details, these GTC and the withdrawal policy by email in text form at the latest upon delivery of the goods. The current GTC can be accessed at any time in the online shop at clothesofculture.com. For security reasons, earlier versions of the GTC and the order details are not accessible via the internet; however, the customer can find their order details in the order confirmation and save or print it.

§ 10 Data protection
Personal data is processed in accordance with the Seller’s privacy policy, which can be accessed in the online shop.

§ 11 Dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer whose habitual residence is in another country, mandatory consumer protection provisions of the country of habitual residence remain unaffected by this choice of law.