Terms of service.
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Last updated: March 21, 2021
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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Interpretation
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The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms and Conditions:
* Account means a unique account created for You to access our Service or parts of our Service.
* Country refers to: Germany
* Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gilt Design.
* Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
* Goods refer to the items offered for sale on the Service.
* Orders mean a request by You to purchase Goods from Us.
* Service refers to the Website.
* Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
* Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
* Website refers to Gilt Design, accessible from [www.gilt-
design.com](www.gilt-design.com)
* You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
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These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Placing Orders for Goods
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By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
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If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
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We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
* Goods availability
* Errors in the description or prices for Goods
* Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorised or illegal transaction is suspected.
Your Order Cancellation Rights
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Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
* The supply of Goods made to Your specifications or clearly personalized.
* The supply of Goods which according to their nature are not suitable to be
returned, deteriorate rapidly or where the date of expiry is over.
* The supply of Goods which are not suitable for return due to health
protection or hygiene reasons and were unsealed after delivery.
* The supply of Goods which are, after delivery, according to their nature,
inseparably mixed with other items.
* The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Return Policy
Under EU rules, you have the right to cancel and return your order within 14 days, for any reason and without a justification. Please inform us by written form (e-mail), maximum 14 days upon receiving the item.
Availability, Errors and Inaccuracies
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We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
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The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
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All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
User Accounts
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When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
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The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
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Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
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We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Warranty and Liability
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Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the Social Fashion Company GmbH, Thebäerstr 17, 50823 Cologne. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
The warranty period for entrepreneurs is reduced to 1 year for defects, if there is no case for compelling liability, as in particular envisaged by § 478 BGB. Claims for compensation shall also remain unaffected by the shorter limitation period.
If the customer is an entrepreneur, he has to inspect the services provided immediately after delivery, as far as possible according to proper business procedures, and, if a deficiency becomes evident, to notify us of this immediately. If the customer fails to make this notification, the performance shall be deemed as approved, unless there is a defect which was not visible during the inspection. If such a defect becomes evident later on, the notification must be made immediately after discovery of the defect. Otherwise, the performance shall be considered approved, also in the light of this defect. In order to preserve the rights of the customer, the timely dispatch of the notification shall suffice. The rules on the obligation to give notification shall not apply if a defect has been fraudulently concealed or the customer is a consumer.
Further claims, in particular for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.
The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.
We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterises the contract and upon which the customer can rely on.
Applicable Law
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The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. 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 in which the consumer has his habitual residence is not withdrawn.
Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
Alternative dispute resolution
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The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes from online purchases - or service contracts to which a consumer is a party.
The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Severability and Waiver
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Severability
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If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
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Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
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These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
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If you have any questions about these Terms and Conditions, You can contact
us:
* By email: gilt.design.shop@gmail.com