Terms and Conditions

A. General

1. General explanations

1.1. These General Terms and Conditions (GTC) apply to all offers and services from Fame Fashion, owner Martin Metzner

Email: info@fame-fashion.de

1.2. References by end customers or dealers to their own terms and conditions of business or purchase are hereby rejected.

1.3. Individual contractual agreements take precedence over these General Terms and Conditions. No verbal side agreements have been made. Third parties who work for Martin Metzner and are not employees are not authorized to make agreements or give assurances that deviate from these contractual conditions. This also applies to subsequent changes and additions.

1.4. Customers (sometimes also called buyers) within the meaning of the General Terms and Conditions are consumers, entrepreneurs and legal entities under public law. Consumers within the meaning of the General Terms and Conditions are natural persons with whom business relationships are entered into without them acting in a commercial or independent professional capacity. Entrepreneurs within the meaning of the General Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom business relationships are entered into and who act in the exercise of a commercial or independent professional capacity, as well as legal entities under public law.

2. Formation of a contract

2.1. All product and service descriptions on https://www.fame-fashion.de/ do not constitute a legally binding offer to conclude a purchase contract, but rather a non-binding online catalog. By clicking on the "ORDER WITH PAYMENT" button, the customer places a binding order for the goods contained in the shopping cart. If the system automatically sends a confirmation of receipt of the customer's order, this does not constitute acceptance of an offer, but is only intended to inform that we have received the offer to conclude a contract. If the confirmation of receipt of the customer's order is sent together with the acceptance of the order immediately after it has been sent by an automated email, the purchase contract is concluded with this email confirmation.

In the event that Fame Fashion makes a written offer for products and/or services to the customer, the contract is concluded if this is accepted by the customer – preferably in writing – within the time limit and/or the services offered by Fame Fashion are used by the customer.

Fame Fashion reserves the right to reject requests without giving reasons.

2.2. As part of the process for submitting an offer described under section 2.1, the customer can check his previous entry again by pressing the enter button (on the confirmation page that then opens).

If you want to make a correction, you can use the browser's "Back" button to go back to the previous article page or you can cancel the process completely by simply closing the entire browser window and then calling up the article page again. Corrections can be made using the usual keyboard and mouse functions in the corresponding input fields.

2.3 Contact is usually made by email and any further contact is made after the contract has been concluded. The customer must ensure that the email address he or she provides for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by us or by third parties commissioned by us to process the contract can be delivered.

2.4. The content and scope of the service owed by us are based on the service description provided in the order form or in the offer in accordance with section 2.1. We are not obliged to carry out services that go beyond the contractually owed service.

2.5. Before sending the order via the online shopping cart system in our shop, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email. We will not make the contract text accessible beyond this. However, if the customer has created a customer account in the online shop before sending his order, he can access the order data free of charge and at any time via the password-protected customer account by entering the relevant login data until the customer account is deleted. In addition, the contract text will be stored by us for the duration of the statutory retention periods.

3. Prices, payment, delivery & shipping

3.1. Only the prices (in EUR) in Fame Fashion's current price lists apply . Deviations from this require a separate individual agreement. All prices include the applicable statutory value added tax.

3.2. The prices are ex warehouse prices. This means that any transport costs must be paid separately by the customer (see 3.3) and are shown accordingly in the offer/order. For deliveries to Switzerland or Norway or outside the EU, additional customs duties and fees may be incurred upon receipt of the goods, which must be borne separately by the customer.

3.3. Payment

Payments must be made in advance (by bank transfer, cash, PayPal, EC card or credit card) and in individual cases by invoice following individual agreement, in each case in EUR.

3.4. Delivery & Shipping

• Delivery dates for purchased items are only binding if they are expressly stated as such in the order confirmation.

3.5. Returns and returns shipments are made to the following address:

Fame Fashion

Bodelschwinghstraße 15, 09456 Annaberg-Buchholz

Email: info@fame-fashion.de

3.6. If the customer defaults on payment due to receipt of a reminder after the due date or otherwise automatically after thirty days from receipt of the invoice, we reserve the right to claim damages for late payment (e.g. collection fees, reminder fees (for companies in accordance with the statutory regulations EUR 40.00), default interest).

4. Transfer of risk

4.1 If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover, or in the case of a sale by dispatch, upon delivery of the goods to the forwarding agent, carrier or other person designated to carry out the dispatch.

4.2 If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall only pass to the buyer upon delivery of the goods, even in the case of a sale by dispatch.

4.3 Delivery shall be deemed to have taken place if the customer is in default of acceptance.

5. Warranty

If the purchased item is defective, the provisions of statutory liability for defects apply. The following applies in deviation from this:

5.1. For entrepreneurs

• an insignificant defect does not generally give rise to any claims for defects;

• the seller/lessor has the choice of the type of subsequent performance;

• for new goods, the limitation period for defects is one year from the transfer of risk;

• In the case of used goods, rights and claims due to defects are generally excluded;

• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

If the customer is an entrepreneur, he must inspect the item immediately after delivery, insofar as this is feasible in the normal course of business. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved. If necessary, the item must also be subjected to a functional test. If a defect is found during the inspection or functional test, we must be notified immediately. The customer must treat the item with the care of a prudent businessman. If notification is not made, any liability for defects in the item is excluded.

In addition, for entrepreneurs, the statutory limitation periods for the recourse claim according to Section 478 of the German Civil Code (BGB) remain unaffected.

5.2. For consumers, the limitation period for claims for defects for newly purchased goods is two years from delivery of the goods to the customer and for used goods one year from delivery of the goods to the customer, with the restriction of the following paragraph.

If the customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this immediately (email is sufficient).

5.3. The limitations of liability and reductions in limitation periods set out above do not apply

• for damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours,

• for other damages that are based on an intentional or grossly negligent breach of duty by us or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ours, as well as

• in the event that we have fraudulently concealed the defect.

5.4 The warranty does not cover normal wear and tear.

6. Obstacles to performance/force majeure

Obstacles to performance caused by force majeure or similar unforeseen events for which neither party is responsible entitle each contracting party to postpone the performance owed by it under this contract for the duration of the obstacle as long as the temporary impossibility of performance due to this situation lasts, provided that one contracting party receives notification of this from the other contracting party within two weeks of the occurrence of the force majeure. This does not apply to payments owed under the respective contractual relationship.

7. Withdrawal/Termination

Unless individually agreed upon in the contract, there is no contractual right of termination.

The exercise of statutory rights of termination and/or withdrawal remains unaffected.

8. Retention of title

8.1. Fame Fashion reserves title to the goods delivered to consumers until the purchase price owed has been paid in full. If the customer fails to meet his contractual obligations, in particular in the event of late payment, we are entitled to demand the return of the delivered item and the customer undertakes to return it and to pay compensation for any loss in value if the purchased item can no longer be returned in its original condition.

8.2. Fame Fashion reserves title to the goods delivered to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.

8.3. If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all claims against third parties arising from this in the amount of the respective invoice value (including sales tax) to Fame Fashion in advance. Fame Fashion accepts this assignment. This assignment applies regardless of whether the reserved goods were resold without or after processing. The customer remains authorized to collect the claims even after the assignment. Fame Fashion's authority to collect the claims itself remains unaffected. However, Fame Fashion will not collect the claims as long as the customer meets his payment obligations to the seller, does not fall into arrears and no application for the opening of insolvency proceedings has been filed.

9. Data protection

9.1. Fame Fashion processes the customer's personal data for specific purposes and in accordance with the statutory provisions. The personal data provided for the purpose of the order (such as name, email address, address, payment details) are used by Fame Fashion to fulfil and process the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process. We oblige our employees to comply with the provisions of the Data Protection Act.

9.2. The customer has the right to receive information about the personal data stored about him by Fame Fashion free of charge upon request. In addition, he has the right to correct incorrect data, block or delete his personal data, provided that there is no statutory obligation to retain data.

10. Right of withdrawal

Right of withdrawal for consumers

(Consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.)

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within one month without giving any reason.

The cancellation period shall be 14 days from the day

- on which you or a third party other than the carrier designated by you takes possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered as a single item;

- on which you or a third party other than the carrier designated by you took possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately;

- on which you or a third party other than the carrier designated by you takes possession of the last partial shipment or the last item, provided that you have ordered goods that are delivered in several partial shipments or items;

To exercise your right of withdrawal, you must contact Fame Fashion

Bodelschwinghstrasse 15 09456 Annaberg-Buchholz Email: info@fame-fashion.de

Telephone number: +49 (0) 3733 8999092,

E-mail address: info@fame-fashion.de )k ellärz (e.g. a letter sent by post, by telephone, or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory.

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

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period.

You will bear the direct cost of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Grounds for exclusion or expiration

The right of withdrawal does not apply to contracts

- for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;

- for the supply of goods which are liable to spoil quickly or whose expiry date would be quickly exceeded;

- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the entrepreneur has no influence;

- for the delivery of newspapers, magazines or illustrated magazines with the exception of subscription contracts.

The right of withdrawal expires prematurely for contracts

- for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;

- for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;

- for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- Fame Fashion

Bodelschwinghstrasse 15 09456 Annaberg-Buchholz Email: info@fame-fashion.de

Telephone number: +49 (0) 3733 8999092 ,

- I/we (*) hereby revoke 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 if notification is on paper)

- Date

(*) Delete as appropriate.

11. Copyright

All texts, images, graphics, etc. published on our homepage at " https://www. fame-fashion.de/ " are protected by copyright. The reproduction, processing, distribution or other use (even in part) will be prosecuted under criminal and civil law in accordance with Section 97 of the Copyright Act.

12. Dispute settlement procedure

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/ .

We do not participate in any dispute resolution proceedings before a consumer arbitration board within the meaning of the VSBG, in particular Section 36 VSBG. There is no legal obligation to do so.

13. Final provisions

13.1 Language

All contracts are concluded and processed exclusively in German.

13.2 Choice of law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. Excluded from this choice of law are consumers who are subject to mandatory consumer protection regulations in the country in which the customer has his or her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

13.3 Place of jurisdiction

The place of performance and jurisdiction for all disputes arising from the contractual relationship between the contractual partner is our place of business (Annaberg-Buchholz), provided that the contractual parties are merchants, legal entities under public law or special funds under public law.

13.4 Severability clause

Should individual provisions of this contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid provision that comes closest to the economic meaning of the invalid provision.