GENERAL TERMS AND CONDITIONS
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 (ICON BRANDS SL) via the website www.sokks-official.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item 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 call up 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 data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be guided 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, make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before submitting the order, you have the option to check the details in the order overview again, to change them (also via the "back" function of the internet browser) or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to payment", "pay" / "pay now" or similar designation), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.
(4) Your requests to prepare an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated 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 by e-mail, in part automatically. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically guaranteed and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on offered payment methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension. The Klarna invoice terms for Austria can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.
Installment purchase ("Financing"): Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit for Germany, can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.
Further information on installment purchase, including the general terms and conditions and the European standard information for consumer credit for Austria, can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms for the payment option "Pay in 3 installments" can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.
Instant bank transfer ("Pay Now")
Further information on Klarna as well as the Klarna terms of use for Germany can be found
at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
Further information on Klarna as well as the Klarna terms of use for Austria can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns 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 also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the reserved goods has passed, pledging or transfer by way of security is not permitted.
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 that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) As a consumer, you are asked 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. If you fail to do so, this has no effect on your statutory warranty claims.
(3) Insofar as a feature of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) Insofar as 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 are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the case of defects, we provide warranty at our discretion through rectification or replacement delivery. If the removal of the defect fails, you may at your discretion demand a reduction in price or withdraw from the contract. The removal of the defect is deemed to have failed after an unsuccessful second attempt, unless something else arises in particular from the nature of the goods or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. This reduction of the period does not apply:
- to damage attributable to us caused culpably resulting from 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 assumed a guarantee for the quality of the item; - for items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with rights relating to defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The place of performance for all services arising from the business relationships existing with us, as well as the place of jurisdiction, is our registered office, insofar as 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 abode is not known at the time the action is brought. The authority to also call upon the court at another statutory place of jurisdiction remains unaffected by this.
(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
ICON BRANDS SL
Calle Alcala 20
28014 Madrid
Spain
Phone:+905309478832
E-mail: hello@sokks-official.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online 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 for concluding the contract, the conclusion of the contract itself and the correction options take place in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. Contract language, storage of contract text
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For offer requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
5. Essential features of the goods or services
The essential features of the goods and/or services can be found in the respective offer.
6. Prices and payment terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. Shipping costs may apply and are stated in the respective offer.
6.3. If delivery is made to countries outside the European Union, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs of money transfer incurred (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.
6.5. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. Delivery conditions
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. 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 created by the lawyers of Händlerbund specializing in IT law and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 22.10.2024