terms & conditions

Contract terms and conditions, as part of sales contracts agreed via the platform www.talbotrunhof.com

between

Purple Label Fashion GmbH Klenzestraße 41
80469 Munich
Tel: +49 89 2366730

entered in the commercial register at Munich district court under the number HRB 123880, represented by Johnny Talbot and Adrian Runhof, VAT ID no: DE812615932

– hereinafter referred to as the “Provider” –

and the customer indicated in section 2 of the contract terms and conditions

– hereinafter referred to as the “Customer” –

Section 1: Scope and definitions

(1)    The version of the following General Terms and Conditions valid when an order is made will apply exclusively throughout the business relationship between the webshop provider (hereinafter referred to as the “Provider”) and the customer (hereinafter referred to as the “Customer”).

(2)    The Customer will be deemed to be a consumer if the purpose for which they have ordered goods and services cannot primarily be considered to be part of their trade, business or profession. Conversely, an entrepreneur can be defined as a natural or legal person or a partnership with legal personality who or which, when entering into a contract, acts in exercise of their trade, business or profession.

(3)    The Provider’s webshop is aimed exclusively at consumers who usually reside in the countries of the European Union (EU), Switzerland or the United Kingdom.

Section 2: Concluding the contract

(1)    The Customer is able to select products, particularly clothing and accessories, from the Provider’s range and place them in the shopping cart using the “add to shopping cart” button.   By using the “complete payment” button, the Customer will be making a binding request to purchase the goods in the shopping cart. The Customer will be able to view and change the details at any time before submitting the order. However, the request will only be submitted and sent if the Customer sets the checkmark at ‘I have read and accepted the general terms and conditions of your shop’, and accepts these contract terms and conditions as part of the request.

(2)    The Provider will then send the Customer an automatic email confirmation of receipt, which will again include the Customer’s order, and which the Customer will be able to print out using the “Print” function. The automatic confirmation of receipt will only record that the Provider has received the Customer’s order, and will not mean that the Provider has accepted the Customer’s request. The contract will only enter into force when the Provider states that it has accepted the Customer’s request, which it will send in a separate email (the “order confirmation”). The Provider will send the Customer the contract text (which will consist of the order, the terms and conditions and the order confirmation) in a durable medium (either by email or for printing in hard copy), either in the order confirmation email or in a separate email, but no later than when the goods are delivered (the “contract confirmation”). The contract text will be stored in compliance with data protection regulations.

(3)    The language of the contract will be English.

Section 3: Delivery and product availability

(1)    The Provider will specify delivery times, which will be calculated from the time the order is confirmed, provided the purchase price has been paid in advance (except for purchases made on account). Unless otherwise specified, delivery times for the goods in the online shop will be approximately 2-5 working days for Germany, and approximately 2-8 working days for the rest of the EU and Switzerland.

If payments are made by bank transfer, the delivery time will be extended by the amount of time it takes for the bank transfer to be received and processed.

(2)    If there are no copies of the product chosen by the Customer available when the Customer makes the order, the Provider will notify the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider will not send an order confirmation email. In this instance, the contract will not come into force.

(3)    If the product specified by the Customer in the order is only temporarily unavailable, the Provider will also notify the Customer immediately in the order confirmation.

(4)    The following delivery restrictions will apply: the Provider will only deliver to a Customer whose usual residence (the “billing address”) is in one of the following countries and who can provide a delivery address in the same country: countries in the European Union, Switzerland or the United Kingdom.

Section 4: Retention of title

The goods being delivered will remain the property of the Provider until full payment has been received.

Section 5: Prices and shipping costs

(1)    All prices stated on the Provider’s website include applicable statutory sales tax, but do not include shipping costs.

(2)    The Customer will be made aware of the shipping costs in the order form. The costs will be paid by the Customer, unless the Customer cancels the order.

(3)    Goods will be shipped by post.

(4)    If the Customer cancels the order, the Customer must pay the costs of returning the goods.

Section 6: Payment

(1)    The Customer can make a prepayment, or pay using a credit card, PayPal, Amazon Pay, in installments, on account, or with a TALBOT RUNHOF voucher.

(2)    The following will apply for prepayments:

  1. After ordering, the Customer will receive an email confirmation of receipt. The Customer will then have three working days to transfer the correct amount to the Provider’s bank account:

Account holder: Purple Label Fashion GmbH
IBAN: DE52 7002 0270 0036 1981 50
BIC: HYVEDEMMXXX
Bank: UniCredit Bank

  1. Your order will only definitely be confirmed once we have received your transfer. You will then receive a confirmation email.

(3)    The following will apply for credit card payments:

  1. The Provider accepts the following credit cards: Visa, Mastercard and American Express.
  2. When you pay by credit card, the credit card information (credit card number, expiry date, etc.) will be automatically sent to the Provider’s payment service provider via an encrypted security system without the Provider or third parties having access to the data.
  3. If you are due to receive a refund for returned goods, the amount will only be credited to the card used for the original purchase.
  4. The financial information in credit card transactions is automatically forwarded using an encrypted protocol. The Provider does not have access to this data.
  5. The credit card will be charged when the order has been completed.
  6. The personal data will be encrypted during the ordering process and sent via the internet using SSL encryption. Payment and credit card data will not be stored; they will be collected and processed directly by our payment service provider.

(4)    When paying by PayPal, the Customer will be sent directly to the PayPal payment pages. Further information can be found at www.paypal.com.

(5)    With Amazon Pay, the Customer can pay using the payment and shipping information from their private Amazon customer account. In order to do so, the Customer will not need to create another account with us or Amazon Pay. The Customer’s usual Amazon account will be sufficient and will provide all of the necessary information.

  1. Payment via Amazon Pay will take place as follows:

The Customer will click on the Amazon Pay button in the shopping cart during checkout. The Customer will then be required to enter their Amazon email address and password.

(6)    Payments “in installments” and “on account” will be processed by Klarna Bank AB (Sveavägen 46, 11134 Stockholm, Sweden). You can find more information about the different payment methods dealt with by Klarna Bank AB here.

(7)    The Customer can change the payment method saved in their user account at any time.

(8)    The purchase price is payable immediately the contract is agreed. If a specific date is set for payment, this means the Customer has already missed their payment date and is late in paying. In this eventuality, they will be required to pay the Provider interest for late payment at a rate five percentage points above the base rate.

(9)    The Customer’s requirement to pay interest for late payment will not prevent the Provider from making further claims for losses caused by the late payment.

Section 7: Warranty for material defects and guarantee

(1)    The Provider will be liable for material defects, in accordance with applicable statutory provisions, particularly sections 434 et seq. BGB (German Civil Code).

(2)    The Provider will only give an additional guarantee for the goods it delivers if expressly stated in the order confirmation for the item in question.

(3)    The Provider will attempt to show the colors of garments as faithfully as it can. However, the colors of garments may vary depending on the model and resolution of the Customer’s screen. For that reason, the Provider cannot guarantee that the colors displayed on the Customer's screen will correspond to the actual colors of the garments.

(4)    The dimensions of products on talbotrunhof.com are only approximate, in order to give the Customer a more precise idea of ​​the fit of a garment. The actual dimensions of products vary, depending on the material used to make them.

(5)    Slight differences in color and size are common for items of the same type and will not constitute justification for a complaint.

Section 8: Liability

(1)    The Customer may not claim for damages. This shall not apply to claims made by the Customer for damages resulting from injury to life, limb or health or from the breach of material contractual obligations (“cardinal obligations”) or from liability for other loss or damage caused by an intentional or grossly negligent breach of duty on the part of the Provider, its legal representatives or vicarious agents. Material contractual obligations are those obligations that have to be fulfilled in order for the aim of the contract to be achieved.

(2)    If there is a breach of material contractual obligations, the Provider will only be liable for foreseeable loss or damage typical of this kind of contract if this was caused by simple negligence, unless the breach leads to claims for damages by the Customer resulting from injury to life, limb or health.

(3)    The restrictions in paragraphs 1 and 2 will also apply to the Provider’s legal representatives and vicarious agents if claims are made directly against them.

(4)    The limitations of liability arising from paragraphs 1 and 2 will not apply if the Provider fraudulently concealed the defect or was given a guarantee for the quality of the item. The same will apply if the Provider and the Customer have reached an agreement regarding the item’s quality. This does not affect the provisions of the German Product Liability Act.

Section 9: Cancellation policy

In distance-selling transactions, consumers usually have a statutory right of cancellation. The Provider has set out the legal information about this statutory right in the box below. The exceptions to the right of cancellation are set out in paragraph (2) below. A standard cancellation form can be found in paragraph (3) below.

 


Cancellation policy

The right of cancellation

You have the right to cancel this contract within fourteen days without providing a rea-son. The deadline for cancellation is fourteen days from the day on which you or a third party named by you, and not a goods carrier, took possession of the goods.

In order to exercise your right of cancellation, you must inform us,

Purple Label Fashion GmbH
Klenzestraße 41
80469 Munich
Tel: +49 89 2366730
Fax: +49 89 23667310
Email: justask@talbotrunhof.com

by means of a clear statement (by mailing a letter or sending a fax or email, for ex-ample) about your decision to cancel this contract. You can use the attached standard cancellation form to do so, but this is not mandatory.

You can also exercise your right of cancellation by returning the goods in question within the cancellation period, together with the return slip enclosed with the deliv-ery. You will not then need to make a separate statement.

In order to meet the cancellation deadline, you will simply need to ensure that you send us notice that you are exercising your right of cancellation before the dead-line.

What happens when you cancel

If you cancel this contract, we will be required to refund to you any payments that we have received from you, including delivery costs (except for any additional costs that may have arisen if you chose a delivery method other than our cheapest standard delivery), without delay and no later than fourteen days from the day we received notification of your decision to cancel this contract. You will be refunded using the same method of payment that you used for the original transaction, unless we have expressly agreed otherwise with you; we will not charge you any fees for this refund under any circumstances.

We may refuse to pay the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever happens first.

You will be required to return the goods to us without delay and in any event no lat-er than fourteen days from the day you inform us that you are cancelling this con-tract. You will be deemed to have met the deadline if you return the goods before the end of the fourteen-day period.

We will pay the direct cost of returning the goods.

You will only be required to pay for any loss in the value of the goods if this loss in value is caused by unnecessary handling of the goods when checking the condi-tion, features and functioning of the goods.

(1)   The right of cancellation will not apply to contracts for delivering non-pre-made goods where the consumer made an individualized choice, or the goods were clearly customized to the Customer’s requirements.

(2)    In accordance with legal requirements, the Provider makes the following standard cancellation form available to you:


 

 


Standard cancellation form

If you would like to cancel the contract, please fill out this form and return it to us.

To: Purple Label Fashion GmbH, Klenzestraße 41, 80469 Munich, Fax: +49 89 23667310, justask@talbotrunhof.com

– I/we (*) hereby cancel the contract I/we (*) agreed in order to purchase the following goods (*)/receive the following service (*):

– Ordered on (*)/received on (*):

– Consumer’s name:

– Consumer’s address:

– Consumer’s signature (only for hard copy):

– Date:

(*) Delete as applicable

 

Section 10: Final provisions

(1)    The laws of the Federal Republic of Germany shall apply to contracts between the Provider and the Customer, to the exclusion of the UN Sales Convention. This will not affect the statutory provisions regarding restrictions in the choice of legal system and the applicability of mandatory regulations, in particular those belonging to the country in which the Customer as a consumer has their usual residence.

(2)    If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider will be the location of the Provider’s registered office.

(3)    The contract shall remain binding even if individual items in the rest of the contract prove to be legally invalid. Where they exist, statutory provisions will apply instead of the invalid items. If, however, this would represent an unreasonable economic burden for one of the parties, the contract as a whole will become invalid. 

(4)    The European Commission has set up an internet platform for online dispute resolution. The platform functions as a contact point for out-of-court dispute settlement involving contractual obligations arising from online sales contracts. Further information can be found via the following link: http://ec.europa.eu/consumers/odr. We are willing to settle disputes with consumers by participating in dispute settlement before a consumer arbitration board. The contact details for the relevant consumer arbitration board (the Universal Arbitration Board of the Federal Center for Arbitration) are: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this arbitration board in order to settle any disputes.