General Terms and Conditions


General Terms and Conditions

General Terms and Conditions (US)

 

MPS International GmbH & Co. KG - Fashion and More

 

Rohwedderstrasse 6 | 44369 Dortmund | Germany

 

 

 

I. Terms and conditions governing transactions with consumers

 

 

1. Scope, Consumer Information 

 

(1) The terms and conditions set out in I. below (T&Cs) govern the contractual relationship between MPS International GmbH & Co. KG - Fashion and More - and consumers who are purchasing goods from our shop.

 

(2) The language of Contract shall be English.

 

2. Conclusion of Contract

 

(1) The presentation of our products on the Internet shall be considered unbinding invitations to you to purchase those goods.

 

(2) You can put one or more products into your basket. In the process of ordering, you enter your data and preferences for mode of payment, delivery etc. You are making a binding offer for concluding a Contract of Sale only by clicking the order button. However, you may also place a binding order by phone.

 

(3) By our confirmation of receipt immediately sent by e-mail, we declare our acceptance of your order, which concludes the Contract of Sale.

 

(4) If you place an order by phone, the Contract of Sale is concluded if we accept your order immediately. If your order is however not accepted immediately you are no longer bound to it.

 

3. Consumer Information: No Storage of your Order Details

 

We do not store any details of the concluded purchase contract (i.e. type of product, price etc.). If you want to save the product description on our website for your own purposes, you can either take a screenshot at the time you are placing your order, or alternatively print out the whole page. We will send you our T&Cs, but you may also view them on our website at any time.

 

4. Consumer Information: How to Make Corrections

 

You may correct your order before its submission at any time by using the delete button. We inform you of other ways to make corrections when you go through the ordering process. You may also break off the ordering process at any time by closing the browser window.

 

5. Retention of Title

 

The goods purchased remain our property until full payment has been made.

 

 

6. Warranty

 

Our goods are subject to statutory warranty rights.

 

7. Limitation of Liability

 

Any liability for any breach of obligation due to slight negligence shall be excluded insofar as such does not affect any material contractual obligation, injury to life, body or health, or any warranty or claim under the German Product Liability Act (ProdHaftG). The same shall apply to any breach of obligation by our agents or legal representatives. Material contractual obligations include but are not limited to the obligation to hand over the item to you and to vest you with ownership thereof. We also have to provide the item free from any defects of title or quality.

 

8. Online Dispute Resolution

 

(1) The European Commission provides a platform for online dispute resolution (ODR) that can be accessed under the following link:

 

http://ec.europa.eu/consumers/odr/

 

(2) This platform provides consumers with an opportunity to settle disputes arising from an online purchase contract out-of-court.

 

(3) For any further information please contact: sales@mps-international.com

 

 

9. Withdrawel

 

Information on Consumer’s Right of Withdrawal

 

Right of Withdrawal

 

You have the right to withdraw from this Contract within a period of fourteen days without having to state any reasons. The withdrawal period of fourteen days commences on the day on which you or any third party you specified but who is not the forwarder has taken possession of the last goods. In order to exercise your right of withdrawal, you have to notify us, MPS International GmbH & Co. KG, Rohwedderstrasse 6, 44369 Dortmund, Germany, Phone: +49 231 - 93 69 7310 or info@mps-international.com, by sending a clear statement of your decision to withdraw from the Contract (e.g. by letter sent by post, or e-mail). You may use the standard withdrawal form here available but please note that this is not obligatory. For compliance with the withdrawal period, it will be sufficient that you send your notification of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

If you withdraw from this Contract, we are immediately and at the latest fourteen days upon receipt of your notification that you withdraw from this Contract obliged to return all payments that we have received from you including shipping charges (with the exception of any additional costs resulting from you having opted for a type of delivery other than the cheapest standard delivery we offer). For this refund, we use the same payment method that you used in the original transaction, unless we and you have expressly agreed otherwise; in no event will we charge you any fees in relation to this refund. However, we may refuse such refund until we have received back the goods, or until you have provided proof that you have sent back the goods, whichever is earlier. You are required to send back or hand over the goods to MPS International GmbH & Co. KG, Abtlg. Retouren, Rohwedderstrasse 6, 44369 Dortmund immediately and, in any event, not later than within fourteen days of notifying us of your withdrawal from this Contract. This deadline shall be deemed observed if you have sent the goods before the fourteen-day period expires. You shall bear the costs of the return of the goods.

 

You have to provide compensation for any diminished value of the goods only if this diminished value can be attributed to any handling on your part that has not been necessary for testing the goods’ condition, properties or mode of operation.

 

 

 

Standard Withdrawal Form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

 

 

To

MPS International GmbH & Co. KG

Rohwedderstasse 6

44369 Dortmund

Germany

 

e-mail: info@mps-international.com

 

 I/we (*) herewith withdraw from the contract that I/we (*) concluded concerning the purchase of the following goods (*) / the provision of the following service (*)

 

 

 _______________________________________________

 _______________________________________________

 

 

 ordered on ___________________ (*)/received on _______________________(*)

 

 

 Name of consumer(s) ______________________________________

 

 

 Address of consumer(s)

 _________________________________

 _________________________________

 _________________________________

 

 

 

 ______________________________________________________________________

 Date, signature of consumer(s) (only if notification is given on paper)

 

 

 (*) Delete as appropriate

 

10. Final Provisions

 

 

(1) Any changes or amendments of or to these General Terms and Conditions must be made in writing. The same shall apply to the cancellation or annulment of this very provision.

 

(2) Each party submits to the exclusive jurisdiction of the courts of Dortmund, Germany according to laws of the Federal Republic of Germany under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

(3) Insofar as on conclusion of the Contract you were domiciled or had your ordinary place of abode in Germany but have moved your domicile or ordinary place of abode or if your whereabouts are unknown at the time litigation is brought, venue for all and any dispute shall be our Company’s domicile in Dortmund.

 

 

II. Terms and conditions governing transactions with entrepreneurs - B2B:

 

 

 

1. Scope, Customer Information

 

(1) The terms and conditions set out in II. below (T&Cs) govern the contractual relationship between MPS International GmbH & Co. KG - Fashion and More - and entrepreneurs who are purchasing goods from our shop.

 

(2) We do not accept any conditions conflicting with or deviating from our Terms and Conditions. Even if the Seller refers as the case may be to any document that contains or refers to the client’s or any third party’s terms and conditions, then this shall not be construed or deemed to constitute any consent that any such terms and conditions shall apply.

 

(3) The language of Contract shall be English.

 

 2. Conclusion of Contract

 

(1) The presentation of our products on the Internet shall be considered unbinding invitations to you to purchase those goods.

 

(2) You can put one or more products into your basket. In the process of ordering, you enter your data and preferences for mode of payment, delivery etc. You are making a binding offer for concluding a Contract of Sale only by clicking the order button.

 

(3) You may also place a binding order by phone.

 

(4) By our confirmation of receipt immediately sent by e-mail, we declare our acceptance of your order, which concludes the Contract of Sale.

 

(5) If you place an order by phone, the Contract of Sale is concluded if we accept your order immediately. If your order is however not accepted immediately you are no longer bound to it.

 

3. Costumer Information: No Storage of your Order Details

 

We do not store any details of the concluded purchase contract (i.e. type of product, price etc.). We will send you our T&Cs, but you may also view them on our website at any time. If you want to save the product description on our website for your own purposes you can either take a screenshot at the time you are placing your order, or alternatively print out the whole page.

 

4. Costumer Information: How to Make Corrections

 

You may correct your order before its submission at any time by using the delete button. We inform you of other ways to make corrections when you go through the ordering process. You may also break off the ordering process at any time by closing the browser window.

 

5. Retention of Title

 

The goods purchased remain our property until full payment has been made.

 

 

6. Limitation of Action for Warranty Claims

 

(1) Our goods are subject to statutory warranty rights.

 

(2) Your warranty claims arising from defects of the purchased item are subject to a limitation period of one year from transfer of risk. This provision shall not apply to any claim for damages or defects we have fraudulently concealed or to any warranty that we may have given on the condition of an item. This shall also not include your claim to recourse as set out in Section 478 of the German Civil Code (BGB). Any claim that is not subject to above limitation period shall be subject to statutory periods of limitation.

 

 7. Property Rights

 

(1) Pursuant to this Section 7, we warrant that the goods are not subject to any third party property right or copyright. Each Party to this Contract shall notify the other Party immediately and in writing if any claim resulting from the infringement of such right should be brought against them.

 

(2) In the event that any of the goods infringes on any third party industrial property right or copyright we shall be entitled, at our own discretion and cost, to alter or replace such goods in a manner no longer infringing on any third party right but retaining the goods’ contractually agreed functionality, or shall furnish the Client with the right of utilization by entering into a licensing agreement. If we do not succeed within a reasonable period, you have the right to withdraw from the Contract or to reduce the purchase price accordingly. Any potential damage claim by the Client shall be subject to the limitations of Section 8 of these General Terms and Conditions.

 

(3) In case of infringements on rights by other manufacturers‘ products supplied by us we will at our discretion either assert our claims against such manufacturers or upstream suppliers for the Client’s account or assign them to the Client. In such cases, we shall in accordance to this Section 7 be liable for any claim only if asserting above claim against such manufacturer or upstream supplier in a court of law has failed or has no prospect of success due to reasons such as insolvency.

 

8. Limitation of Liability

 

Any liability for any breach of obligation due to slight negligence shall be excluded insofar as such does not affect any material contractual obligation, injury to life, body or health, or any warranty or claim under the German Product Liability Act (ProdHaftG). The same shall apply to any breach of obligation by our agents or legal representatives. Material contractual obligations include but are not limited to the obligation to hand over the item to you and to vest you with ownership thereof. We also have to provide the item free from any defects of title or quality.

 

9. Final Provisions

 

(1) Any changes or amendments of or to these General Terms and Conditions must be made in writing. The same shall apply to the cancellation or annulment of this very provision.

 

 (2) Each party submits to the exclusive jurisdiction of the courts of Dortmund, Germany according to laws of the Federal Republic of Germany under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

(3) Exclusive venue for any dispute arising from this Contract shall be our place of residence

General Terms and Conditions

General Terms and Conditions (Australia and New Zealand)

 

MPS International GmbH & Co. KG - Fashion and More

 

Rohwedderstrasse 6 | 44369 Dortmund | Germany

 

 

 

I. Terms and conditions governing transactions with consumers

 

 

1. Scope, Consumer Information 

 

(1) The terms and conditions set out in I. below (T&Cs) govern the contractual relationship between MPS International GmbH & Co. KG - Fashion and More - and consumers who are purchasing goods from our shop.

 

(2) The language of Contract shall be English.

 

2. Conclusion of Contract

 

(1) The presentation of our products on the Internet shall be considered unbinding invitations to you to purchase those goods.

 

(2) You can put one or more products into your basket. In the process of ordering, you enter your data and preferences for mode of payment, delivery etc. You are making a binding offer for concluding a Contract of Sale only by clicking the order button. However, you may also place a binding order by phone.

 

(3) By our confirmation of receipt immediately sent by e-mail, we declare our acceptance of your order, which concludes the Contract of Sale.

 

(4) If you place an order by phone, the Contract of Sale is concluded if we accept your order immediately. If your order is however not accepted immediately you are no longer bound to it.

 

3. Consumer Information: No Storage of your Order Details

 

We do not store any details of the concluded purchase contract (i.e. type of product, price etc.). If you want to save the product description on our website for your own purposes, you can either take a screenshot at the time you are placing your order, or alternatively print out the whole page. We will send you our T&Cs, but you may also view them on our website at any time.

 

4. Consumer Information: How to Make Corrections

 

You may correct your order before its submission at any time by using the delete button. We inform you of other ways to make corrections when you go through the ordering process. You may also break off the ordering process at any time by closing the browser window.

 

5. Retention of Title

 

The goods purchased remain our property until full payment has been made.

 

 

6. Warranty

 

Our goods are subject to statutory warranty rights.

 

7. Limitation of Liability

 

Any liability for any breach of obligation due to slight negligence shall be excluded insofar as such does not affect any material contractual obligation, injury to life, body or health, or any warranty or claim under the German Product Liability Act (ProdHaftG). The same shall apply to any breach of obligation by our agents or legal representatives. Material contractual obligations include but are not limited to the obligation to hand over the item to you and to vest you with ownership thereof. We also have to provide the item free from any defects of title or quality.

 

8. Online Dispute Resolution

 

(1) The European Commission provides a platform for online dispute resolution (ODR) that can be accessed under the following link:

 

http://ec.europa.eu/consumers/odr/

 

(2) This platform provides consumers with an opportunity to settle disputes arising from an online purchase contract out-of-court.

 

(3) For any further information please contact: sales@mps-international.com

 

 

9. Withdrawel

 

Information on Consumer’s Right of Withdrawal

 

Right of Withdrawal

 

You have the right to withdraw from this Contract within a period of fourteen days without having to state any reasons. The withdrawal period of fourteen days commences on the day on which you or any third party you specified but who is not the forwarder has taken possession of the last goods. In order to exercise your right of withdrawal, you have to notify us, MPS International GmbH & Co. KG, Rohwedderstrasse 6, 44369 Dortmund, Germany, Phone: +49 231 - 93 69 7310 or info@mps-international.com, by sending a clear statement of your decision to withdraw from the Contract (e.g. by letter sent by post, or e-mail). You may use the standard withdrawal form here available but please note that this is not obligatory. For compliance with the withdrawal period, it will be sufficient that you send your notification of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

If you withdraw from this Contract, we are immediately and at the latest fourteen days upon receipt of your notification that you withdraw from this Contract obliged to return all payments that we have received from you including shipping charges (with the exception of any additional costs resulting from you having opted for a type of delivery other than the cheapest standard delivery we offer). For this refund, we use the same payment method that you used in the original transaction, unless we and you have expressly agreed otherwise; in no event will we charge you any fees in relation to this refund. However, we may refuse such refund until we have received back the goods, or until you have provided proof that you have sent back the goods, whichever is earlier. You are required to send back or hand over the goods to MPS International GmbH & Co. KG, Abtlg. Retouren, Rohwedderstrasse 6, 44369 Dortmund immediately and, in any event, not later than within fourteen days of notifying us of your withdrawal from this Contract. This deadline shall be deemed observed if you have sent the goods before the fourteen-day period expires. You shall bear the costs of the return of the goods.

 

You have to provide compensation for any diminished value of the goods only if this diminished value can be attributed to any handling on your part that has not been necessary for testing the goods’ condition, properties or mode of operation.

 

 

 

Standard Withdrawal Form

(If you wish to withdraw from the contract, please fill in this form and return it to us.)

 

 

To

MPS International GmbH & Co. KG

Rohwedderstasse 6

44369 Dortmund

Germany

 

e-mail: info@mps-international.com

 

 I/we (*) herewith withdraw from the contract that I/we (*) concluded concerning the purchase of the following goods (*) / the provision of the following service (*)

 

 

 _______________________________________________

 _______________________________________________

 

 

 ordered on ___________________ (*)/received on _______________________(*)

 

 

 Name of consumer(s) ______________________________________

 

 

 Address of consumer(s)

 _________________________________

 _________________________________

 _________________________________

 

 

 

 ______________________________________________________________________

 Date, signature of consumer(s) (only if notification is given on paper)

 

 

 (*) Delete as appropriate

 

10. Final Provisions

 

 

(1) Any changes or amendments of or to these General Terms and Conditions must be made in writing. The same shall apply to the cancellation or annulment of this very provision.

 

(2) The Contract shall be governed by the laws of the Federal Republic of Germany under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods. No provision of these T&Cs exclude or limit MPS International GmbH & Co. KG’s duties or liability under any legislation in the buyer’s place of residence that cannot be excluded at law (including any mandatory consumer legislation). If any provision of these T&Cs is held to be illegal, invalid or unenforceable under such legislation then (to the maximum extent permitted by law):

a) that provision will be severed from these terms and conditions; and

b) such finding will not affect the validity or enforceability of the other provisions of these

T&Cs.”

 

(3) Insofar as on conclusion of the Contract you were domiciled or had your ordinary place of abode in Germany but have moved your domicile or ordinary place of abode or if your whereabouts are unknown at the time litigation is brought, venue for all and any dispute shall be our Company’s domicile in Dortmund.

 

 

II. Terms and conditions governing transactions with entrepreneurs - B2B:

 

 

 

1. Scope, Customer Information

 

(1) The terms and conditions set out in II. below (T&Cs) govern the contractual relationship between MPS International GmbH & Co. KG - Fashion and More - and entrepreneurs who are purchasing goods from our shop.

 

(2) We do not accept any conditions conflicting with or deviating from our Terms and Conditions. Even if the Seller refers as the case may be to any document that contains or refers to the client’s or any third party’s terms and conditions, then this shall not be construed or deemed to constitute any consent that any such terms and conditions shall apply.

 

(3) The language of Contract shall be English.

 

 2. Conclusion of Contract

 

(1) The presentation of our products on the Internet shall be considered unbinding invitations to you to purchase those goods.

 

(2) You can put one or more products into your basket. In the process of ordering, you enter your data and preferences for mode of payment, delivery etc. You are making a binding offer for concluding a Contract of Sale only by clicking the order button.

 

(3) You may also place a binding order by phone.

 

(4) By our confirmation of receipt immediately sent by e-mail, we declare our acceptance of your order, which concludes the Contract of Sale.

 

(5) If you place an order by phone, the Contract of Sale is concluded if we accept your order immediately. If your order is however not accepted immediately you are no longer bound to it.

 

3. Costumer Information: No Storage of your Order Details

 

We do not store any details of the concluded purchase contract (i.e. type of product, price etc.). We will send you our T&Cs, but you may also view them on our website at any time. If you want to save the product description on our website for your own purposes you can either take a screenshot at the time you are placing your order, or alternatively print out the whole page.

 

4. Costumer Information: How to Make Corrections

 

You may correct your order before its submission at any time by using the delete button. We inform you of other ways to make corrections when you go through the ordering process. You may also break off the ordering process at any time by closing the browser window.

 

5. Retention of Title

 

The goods purchased remain our property until full payment has been made.

 

 

6. Limitation of Action for Warranty Claims

 

(1) Our goods are subject to statutory warranty rights.

 

(2) Your warranty claims arising from defects of the purchased item are subject to a limitation period of one year from transfer of risk. This provision shall not apply to any claim for damages or defects we have fraudulently concealed or to any warranty that we may have given on the condition of an item. This shall also not include your claim to recourse as set out in Section 478 of the German Civil Code (BGB). Any claim that is not subject to above limitation period shall be subject to statutory periods of limitation.

 

 7. Property Rights

 

(1) Pursuant to this Section 7, we warrant that the goods are not subject to any third party property right or copyright. Each Party to this Contract shall notify the other Party immediately and in writing if any claim resulting from the infringement of such right should be brought against them.

 

(2) In the event that any of the goods infringes on any third party industrial property right or copyright we shall be entitled, at our own discretion and cost, to alter or replace such goods in a manner no longer infringing on any third party right but retaining the goods’ contractually agreed functionality, or shall furnish the Client with the right of utilization by entering into a licensing agreement. If we do not succeed within a reasonable period, you have the right to withdraw from the Contract or to reduce the purchase price accordingly. Any potential damage claim by the Client shall be subject to the limitations of Section 8 of these General Terms and Conditions.

 

(3) In case of infringements on rights by other manufacturers‘ products supplied by us we will at our discretion either assert our claims against such manufacturers or upstream suppliers for the Client’s account or assign them to the Client. In such cases, we shall in accordance to this Section 7 be liable for any claim only if asserting above claim against such manufacturer or upstream supplier in a court of law has failed or has no prospect of success due to reasons such as insolvency.

 

8. Limitation of Liability

 

Any liability for any breach of obligation due to slight negligence shall be excluded insofar as such does not affect any material contractual obligation, injury to life, body or health, or any warranty or claim under the German Product Liability Act (ProdHaftG). The same shall apply to any breach of obligation by our agents or legal representatives. Material contractual obligations include but are not limited to the obligation to hand over the item to you and to vest you with ownership thereof. We also have to provide the item free from any defects of title or quality.

 

 

9. Final Provisions

 

(1) Any changes or amendments of or to these General Terms and Conditions must be made in writing. The same shall apply to the cancellation or annulment of this very provision.

 

 (2) Each party submits to the exclusive jurisdiction of the courts of Dortmund, Germany according to laws of the Federal Republic of Germany under exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods.

 

(3) Exclusive venue for any dispute arising from this Contract shall be our place of residence