Terms and Conditions

§1Scope

(1) myclassico.com (hereinafter “myclassico” or “we”) by the company CLASSICO TextilhandelsGmbH, Christoph-Probst-Weg 2, 20251 Hamburg, Amtsgericht Hamburg HRB 53981, represented by its managing director Harald Heldmann operates as an online shop at the internet address www.myclassico.com. The following Terms and Conditions shall apply in the latest version to all orders and contracts made by myclassico and its clients (private persons of full age, hereinafter “consumer” or “customer” according to §13 BGB/ German Civil Code).

No subsequent agreement in any way altering these terms and conditions shall be binding on myclassico.com unless made in writing and signed by an authorized officer of myclassico.

 

(2) Modifications to these Terms and Conditions are communicated in writing, by fax or email. If you do not object to modifications within four weeks after receipt of the notification we will consider the modifications to be recognized and accepted by you. The right of objection and the legal consequences of silence will be indicated to you again in case of modification of the Terms and Conditions.

§2 Registration as a client

(1)Your registration as a client is free. There is no entitlement to be registered. Entry is open to all persons of full legal capacity who are at least 18 years of age at the time of registration. If required, you have to send us a copy of your identity card. The necessary data provided for registration must be complete and truthful. Upon registration you will choose a personal user name and password. The username may not infringe third-party rights, naming rights, trademark rights and it may also not be contra bonos mores. You are obliged to keep your password secret and protected from misuse by unauthorized persons.

(2) Besides declaration of your consent to these Terms and Conditions your registration as a client does not entail any other obligations. You can delete your account at any time (“my account”).  Registration with us does not itself constitute a purchase commitment towards the merchandise offered by us.

§3 Advice

(1) Stock

Products as presented on the website may be out of stock, unavailable for other reasons or may vary in price in individual cases. The presentation of goods on the website is not a binding offer. Unless specified otherwise, all mentioned prices are given in EURO incl. VAT plus shipping costs.

(2) Tags

All products are delivered with one or multiple tags attached. When trying on the items, please be careful not to break away any of the tag(s). The obligation for returns does not apply when the tag (or any one of the tags) has/have been removed, broken or damaged. 

 

§4 Data security

(1) We will collect, process and store all personal data disclosed by you (title, name, address, date of birth, telephone number, fax number, bank details, credit card numbers) exclusively in accordance with the provisions of the German Data Protection Act.

(2) Your personal data, to the extent that it is necessary for the justification, development, or modification of the contractual relationship (inventory data), will be used exclusively to process the sales contracts concluded between us, e.g. for delivery of merchandise to the address given by you. Further use of your inventory data for purposes of advertisement, market research, or tailoring our offers requires your express consent. You have the option of granting this consent before placing your order. This declaration of consent is entirely voluntary and can be retrieved on our website and revoked at any time.

(3) Your personal data, which is needed to facilitate exploitation of and billing for our offers (user data), will also be used exclusively to process the sales contracts concluded between us, for the time being. Such user data particularly encompasses attributes of your identification as a user, information on the beginning, end, and extent of the user session and information on the telecommunications media you call upon as a user. In addition we will employ such user data for the purposes of advertisement, market research, or tailoring our telecommunications media for the creation of user profiles, using a pseudonym for your protection. You are entitled to and have the option of dissenting to this use of your user data under “my account.” Under no circumstances will the user profile be combined with the matching data.

(4) If you desire additional information or wish to retrieve or revoke your expressly given consent to the use of your inventory data or wish to dissent from the use of your user data, our telephone support is also at your disposal under e-mail address info@myclassico.com or by telephone under 040-6360 7680.

(5) This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics is based on cookies and allows an analysis of website usage. The data based on these cookies are forwarded to and stored at a Google Server in the USA. Acting on our behalf, Google uses the data to analyze the use of the website, to compile website activity reports and to render further services relating to website and internet use.
The IP address transmitted by your browser in connection with Google Analytics will not be connected with other Google data. You may prevent the storage of such cookies by adjusting your browser settings accordingly. You may also prevent the recording of the data generated by the cookie. Please note that if you do so, you may not be able to use the full functionality of our website. Through the use of this website you express your consent to the processing of data collected by Google about you in the manner described above.

 

§5 Formation of a contract

The presentation of our merchandise does not constitute a binding offer. An offer is only binding pursuant to § 145 BGB/ German Civil Code once you have ordered the merchandise. Once we received your order we will send you an order confirmation via e-mail.Please not that this confirmation is not an acceptance of contract.

 

§6 Payment

Payments (including shipping charges) are accepted by credit card (VISA, MASTERCARD, AMEX), purchase on account (Billpay), PayPal as well as immediate payment as. We reserve the right to exclude certain types of payment in an individual case.

 

(1) Credit card, PayPal

The purchase price is due with the order.

 

We accept the following credit cards:

 

Bank details prepayment:
Hamburger Sparkasse
IBAN: DE14 2005 0550 1015 2161 36
BIC/Swift: HASPDEHHXXX

 

 (2) Purchase on account

The payment has to be made within 30 days from date of invoice to our external partner Billpay GmbH. Purchase on account may not apply to all offerings and requires an accurate decision whether you are credit worthy. We reserve the right to reject a purchase on account for certain orders and ask you to choose between other methods of payment. The execution of payment is made by Billpay GmbH to which we cede our demand for payment to. Payments with debt-discharging effect can only be made to Billpay GmbH. For general information and customer inquiries regarding shipping, period of delivery, returns, withdrawal, credit advice et cetera we will remain your contact partner.

 

 

§7 Reservation of ownership

The merchandise supplied by us remains our property until full payment. If you are in a default with payment for a period exceeding ten days we are entitled to rescind the contract and to claim back the goods delivered by us.

 

§8 Terms of delivery

(1)We deliver the items pursuant to the agreements made with you. Shipping charges are listed in the product description and will be displayed separately in our bill. Delivery dates and delivery deadlines are only binding if they have been confirmed by us in writing.

(2) If we do not provide delivery of the merchandise or do not provide it as stipulated in the contract you must set an extended deadline for us to provide the service. Otherwise you are not entitled to withdraw from the contract.

 

§9 Revocation

You have a power of revocation. To view the requirements and legal consequences of revocation, please see the revocation instructions in the attachment.

 

§10 Warranty

(1) If the delivered merchandise is deficient, legal provisions authorize you to demand supplementary performance, withdraw from the contract or abate the purchase price.

(2) The statute of limitation for the delivered goods is limited to two years, starting with the receipt of the goods.

 

§11 Limitation of liability

(1)  We accept unlimited liability for damage caused by intent or with gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the product liability law, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

(2) According to the actual state of technology the data communication via internet cannot be guaranteed error-free and /or with access at any time.

 

§12 Final clauses

(1) Modifications or amendments to these terms and conditions must be made in writing.

(2) The law of the Federal Republic of Germany exclusively applies with exclusion of the UN Law on International Sales (CISG). Mandatory provisions of the state of your habitual residence shall remain unaffected.

(3) If you do not have a domestic place of general jurisdiction or move your residence abroad after the formation of a contract or if your residence is unknown at the time of the commencement of proceedings, our place of business in Hamburg determines the venue for all types of litigation.

(4) If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof. The contracting parties will jointly replace the invalid term with a legally valid term which comes closest to the commercial purpose of the invalid term. In case of loopholes the above provision applies accordingly.

 

Attachment

If you are willing to place an order on our website we would like to alert you to the following:

1.     The languages offered for the conclusion of the contract are German and English.

2.      You can find the main criteria about our goods as well as the validity period of limited-term offers in each product description itself.

3.      The presentation of our merchandise does not constitute a binding offer. An offer is only binding pursuant to § 145 BGB/ German Civil Code once you have ordered the merchandise. In the event of acceptance of such order we will send you an order confirmation via e-mail. This is how a purchase agreement comes into being.

4.      Possible errors in your order can be identified and corrected at the final confirmation.

5.      If the merchandise you ordered is not available we reserve the right to refrain from the service agreed.

6.      The prices quoted are final prices including taxes.

7.      The purchase price is due with the order. Goods may be paid for by credit card, PayPal, immediate payment as well as prepayment.

Our bank account: Hamburger Sparkasse
IBAN: DE14 2005 0550 1015 2161 36
BIC/Swift: HASPDEHHXXX

Please state your customer number and your order number on the transfer slip.

8.       You have the right of revocation:

 

Cancellation policy

You may revoke your contractual statement within two weeks in written form (e.g. via letter, fax or email) without providing reasons or you revoke it by sending back the item. The cancellation period is fourteen days from

- the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods,

or

- in the case of a contract for several items that you have ordered in a single order and that are delivered separately: the date on which you or a third party named by you, who may not be the  carrier, have taken possession of the last goods,

or

- in the case of a contract for delivery of goods consisting of multiple partial shipments or pieces: the date on which you or a third party named by you, who may not be the carrier, have taken possession of the goods.

The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term.

 

Consequences of cancellation

If you cancel this contract, we are under obligation to reimburse all the payments that we have received from you, excluding shipment costs (with the exception of the additional costs arising from your choosing a type of shipment other than the most favorable standard shipment offered by us) without undue delay and at the latest within fourteen days from the date on which we receive notification of your cancellation of this contract. For this reimbursement, we will use the same payment method that you used for the initial transaction, unless we explicitly agree otherwise with you; you will in no event be charged fees for this reimbursement.

We may withhold the reimbursement until we have received the goods back or until you have demonstrated that you have returned the goods, whichever happens first. You must send back or hand over the items without undue delay and in any event no later than fourteen days from the date on which you notify us of cancellation of this contract to the following address:

CLASSICO Textilhandels GmbH

Christoph-Probst-Weg 2

20251 Hamburg

 

The deadline is met if you send back the goods before the end of the fourteen day period.  We will bear the cost of returning the goods if you send them in accordance with our instructions using the return label coming with your order. If not, you will bear the direct cost of returning the goods.

You will only be liable to pay for any diminished value of the items resulting from your handling the items for reasons other than what is necessary for ascertaining the condition, nature and functioning thereof.

              End of cancellation policy.

 

9.      We will store the data required to process the contract between you and us. You can access it at any time. In this respect, we direct you to the provision on data protection in our terms and conditions.

10.  We are not subject to any special and previously unmentioned codes of conduct.

11.  In all other respects we direct you to our terms and conditions.

 

CLASSICO Textilhandels GmbH, Christoph-Probst-Weg 2, 20251 Hamburg, District Court Hamburg HRB 53981, represented by its managing director Harald Heldmann, VAT No. DE158711710.

 

Note on online dispute resolution in consumer affairs
We point out that the link to the online platform by the EU Commission for the extrajudicial online dispute resolution (so-called ODR platform) is currently not yet be reached. You will find the ODR platform from the 15. of february here: http://ec.europa.eu/consumers/odr/