General terms and conditions for the store

"Hey Charles"

These General Terms and Conditions (GTC) govern the use of the online store offered by Charles GmbH at hey-charles.com, which sells clothing to end consumers (“Hey Charles”). These General Terms and Conditions do not apply to the online presence "Hello-Charles.com". The online store enables customers to order clothing and get tracking updates and customer support via WhatsApp. The services of Charles GmbH within the framework of the online store are subject exclusively to these terms and conditions. These terms and conditions apply to all orders placed via the online store and all related activities.

These terms and conditions apply to every order placed via the online store, regardless of whether it is the standard version or specific products.

The GTC can be viewed at any time and are stored by Charles GmbH. Where technically possible, they can be printed out. In the event of contradictions between these terms and conditions and any specific product descriptions, these terms and conditions shall take precedence.

 

1. scope of validity

(1) Users of Hey Charles hereby expressly exclude their own terms and conditions.

(2) In addition to these GTC, the data protection provisions and any specific terms of service and fairness conditions of Charles GmbH shall apply. Changes to these terms and conditions that have no effect on the contractual relationship between the operator and the user can be made independently of these T&Cs.

(3) These GTC apply to all customers of the online store. By placing an order via the online store or using the online store, the customer accepts these terms and conditions as binding. The GTC apply regardless of whether the customer uses the online store via a browser, a mobile phone, a TV or another access medium.

(4) The online store is intended exclusively for consumers in accordance with § 13 BGB. Customers of the online store must be at least as old as the age requirement for the use, purchase or possession of clothing at their place of residence. By placing an order, the customer confirms that they meet this age requirement.

(5) Specific terms of service may include internal regulations, including measures relating to the fairness and integrity of the online store.

(6) Changes to the online store will be communicated on the website or in the app stores. Customers are responsible for informing themselves regularly about such changes.

(7) If these GTC are not accepted, use of the online store is not permitted.

(8) The online store is primarily intended for private use. Commercial use or reselling is prohibited. Use of the online store as a retailer or in a commercial manner requires additional regulations or separate contracts.

 

2. amendment of the terms and conditions; transfer of rights and claims

(1) The operator, Charles GmbH, reserves the right to amend or supplement these terms and conditions at any time with effect for the future. For users who have a customer account, changes to the terms and conditions shall apply from the time of notification and after the expiry of a reasonable period for acceptance or rejection of the changed conditions. If the user with an existing account does not object to the amended terms and conditions within the set period, the amendments shall be deemed to have been accepted.

(2) For users without a customer account, the terms and conditions valid at the time of the order shall apply. Each new order process is considered a separate transaction for which the terms and conditions valid at the time of the order apply. Changes to the terms and conditions have no retroactive effect for these users and are only relevant for future orders.

(3) All users will be notified of changes to the terms and conditions by appropriate means of communication, e.g. by email or via a clearly visible announcement on the website. In the notification, the operator shall point out the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a failure to object.

(4) The operator is entitled to transfer the contractual relationships, including all rights and obligations, to another natural or legal person, provided that there are no legal reasons to the contrary. The user will be informed of such a transfer at least two months in advance and retains the right to object. In the event of an objection, the operator may terminate the contractual relationships at the time of the relevant change and delete user data insofar as this is legally permissible and technically possible.

 

3. services, offers, content of the contract

(1) The operator, Hey Charles GmbH, offers an additional option for communication and order tracking via the messenger service WhatsApp, which is operated by WhatsApp Ireland Limited. Charles GmbH is not the provider of WhatsApp and is not liable for the functionality or availability of the messenger service.

(2) Customers who wish to use the WhatsApp service must have their own WhatsApp account and accept WhatsApp's terms of use and privacy policy. Customers can use WhatsApp to communicate directly with Hey Charles customer service, make inquiries and receive information about products.

(3) As part of the WhatsApp communication, Hey Charles support can send the customer order links that contain suggestions for shopping baskets or orders based on the previous communication. These links are merely suggestions and do not trigger a binding order. The sending of an order link via WhatsApp by Hey Charles support does not constitute an offer from Hey Charles. Only the triggering of the order by the customer via the sent order link constitutes an offer, which Hey Charles can then accept.

(4) The purchase contract is concluded with Charles GmbH. The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent. The same happens (see Nr. 3) when using the WhatsApp Chat option.

(5) We will accept your offer within two days by issuing a declaration of acceptance in a separate email or, if applicable, by executing the payment transaction through our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment"). The relevant alternative for you depends on which of the events listed occurs first.

(6) The use of the Hey Charles online store is possible independently of the use of WhatsApp. Customers can add products to their shopping cart directly via the Hey Charles website and complete the order process using the usual online procedures.

 

4. Revocation policy

Right of withdrawal

You have the right to withdraw from the contract of use for the service or for premium access within fourteen days without giving reasons.

The revocation period begins fourteen days from the day the contract is concluded.

To exercise the right to cancel, you must inform us, Charles GmbH, Gartenstraße 86-87, 10115 Berlin, Email: info@hey-charles.com by means of a clear statement (e.g. a letter sent by post, fax or e-mail or via WhatsApp) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you have withdrawn from this contract, Charles GmbH shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge any fees for this repayment. We may refuse to make a refund until the goods have been returned or proof has been provided that the goods have been returned, whichever is the earliest.

End of the withdrawal policy

Sample withdrawal form

(If you wish to cancel this contract, please complete and return this form)

• Charles GmbH, Gartenstraße 86-87, 10115 Berlin, Email: info@hey-charles.com)

I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

• Ordered on ()/received on ()
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only for notification on paper)
• Date

(*) Delete as applicable.

Special notes:

The right of withdrawal expires prematurely in the case of contracts for the delivery of digital content not on a physical data carrier if Charles GmbH has begun to execute the contract after the user

1. has expressly agreed that Charles GmbH may commence performance of the contract before the expiry of the withdrawal period, and
2. has confirmed his knowledge that he loses his right of revocation by his consent with the start of the execution of the contract.

 

5. Liability and defects

(1) The operator is only liable for damages that occur in the context of the contractual use of the online store, and only in cases of intent (including fraudulent intent) and gross negligence. In the case of defects of title, the operator is only liable if defects have been fraudulently concealed.

(2) In the event of intent and gross negligence, the operator shall be liable without limitation. Furthermore, the operator shall be liable in the event of negligent breach of material contractual obligations, i.e. obligations which are essential for the proper performance of the contract and on the fulfillment of which the user may rely.

(3) The operator is not liable for information from third parties or for content provided in the context of the online store, unless this has been explicitly contractually agreed.

(4) The Operator's limitations of liability shall not apply in the event of fraudulent concealment of a defect or in the event of injury to life, limb or health. Liability under the Product Liability Act and § 44a TKG shall also remain unaffected.

(5) Liability for the restoration of user data shall be limited to the costs that would be necessary for reconstruction in the event of regular and appropriate data backup measures.

(6) Claims for damages due to the breach of essential contractual obligations are limited to the foreseeable damage typical for the contract, except in the case of intent or gross negligence or in the case of damage to life, limb or health.

(7) The operator provides the online store in the version available at the time. There are no claims to a specific condition or functional scope of the online store.

(8) Guarantees in the legal sense are not assumed by the operator unless there is an express written agreement.

 

6. Terms of delivery

(1) We only deliver within Germany.

(2) For orders with a shopping cart value over 50,- EUR there are no shipping costs. For orders below this value, a flat shipping fee of 5,- EUR will be charged. This regulation applies regardless of the weight or packaging dimensions of the product.

(3) The products will be sent to the delivery address specified in the order process. It is not possible to collect the goods yourself. We reserve the right to choose the type of shipping service provider at our discretion to ensure efficient delivery.

(4) Delivery will be made within 3 to 5 working days from the date of the order confirmation sent to you by e-mail, unless a different delivery time is specified on the product page. We endeavor to adhere to the stated delivery times. Should unforeseen circumstances lead to delays, we will inform you immediately and inform you of the expected new delivery time.

(5) We are only entitled to make partial deliveries if:

a. these are reasonable for you as the customer,

b. no additional shipping costs arise for you

c. the partial delivery is objectively reasonable for you, taking into account our interests

d. and you have been clearly informed about the partial delivery and the associated shipping costs.

If a partial delivery is to be made, we will inform you in advance and obtain your express consent. You have the right to object to this partial delivery. In such a case, we will try to find a mutually satisfactory solution.

In the case of partial deliveries, we will bear the additional shipping costs. We undertake to inform you before accepting the order whether a partial delivery is necessary and which options are available to you. This ensures that you can make an informed decision about whether to accept the partial delivery.

(6) If the delivery of the goods is unexpectedly delayed and we are not responsible for the delay (force majeure, fault of third parties, etc.), the delivery period shall be extended accordingly. We will inform you immediately of the delay. If you are only interested in delivery by a certain date, please let us know when you place your order.

 

7. Miscellaneous

(1) Transport damage should be reported immediately to the carrier and reported to us as soon as possible. Even if failure to make such a report does not affect your statutory warranty rights, it will help us to assert our own claims against the carrier or the transport insurance company.

(2) We stand for the quality of our goods and are liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB (GERMAN CIVIL CODE). A guarantee (possibly not provided by us) is only granted if this was expressly stated in the order confirmation for the respective item. For warranty claims, please contact the guarantor. In the case of statutory warranty claims, you can contact us.

(3) Due to individual screen configurations, there may be slight deviations in the product images on our website, in particular with regard to colors. These deviations do not constitute a defect in the products supplied. If you have any uncertainties or questions about our products, you are welcome to ask detailed questions via the WhatsApp chat offered by Hey Charles. We are at your disposal to clarify your concerns.

(4) The statutory liability for defects applies. In addition, some of our products may be covered by additional guarantees. The exact conditions and information on such guarantees can be found with the product and on special information pages in our online store. We endeavor to provide you with comprehensive information on the features of our products and your rights in order to promote customer confidence and satisfaction.

The delivered goods remain the property of Charles GmbH until full payment has been made.

 

8. Applicable law, place of jurisdiction and other matters

(1) The law of the Federal Republic of Germany applies to these terms and conditions and all contracts concluded on their basis via the online store. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules of German international private law is excluded.

(2) If the customer is a consumer and has his habitual residence in another country, the law of the country in which the consumer has his habitual residence shall remain unaffected by this choice of law. The customer's place of residence shall be decisive for legal actions brought by the operator against the customer. The place of business of the operator shall be decisive for legal actions brought by the customer against the operator if the customer is not a consumer but an entrepreneur, a legal entity under public law or a special fund under public law.

(3) Should individual provisions of these terms and conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the statutory provisions. The same applies if there is an unintentional loophole in the terms and conditions.

(4) The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.