General Terms and Conditions

§ 1 Scope and Provider

(1) These General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products by facilis Adam Zielonka (hereinafter referred to as the "Provider") to you, in their version valid at the time of the order.

(2) Deviating GTC from the purchaser are rejected.

(3) Please read these terms carefully before placing an order with facilis Adam Zielonka. By placing an order with facilis Adam Zielonka, you agree to the application of these sales terms to your order.

(4) At facilis Adam Zielonka, we offer the following products for sale:

Clothing, accessories, and other related products.

§ 2 Formation of the Contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are exclusively addressed to end customers with a billing and delivery address in:

Europe.

For certain bulky items, possible delivery addresses and the delivery location may be restricted; such restrictions are indicated in the respective listed price.

(3) The purchaser must be at least 18 years old.

(4) The presentation of goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely invited to make an offer.

(5) Your order constitutes an offer to facilis Adam Zielonka for the conclusion of a purchase contract. The purchaser makes a binding offer when they complete the online ordering process by entering the required information and clicking the "Order Now" button at the final step of the order.

(6) The purchase contract between the provider and the purchaser is only concluded upon an acceptance declaration from the provider. This occurs at the earlier of the two dates: either the dispatch of the goods or the sending of a shipping confirmation via email. Please note that the confirmation of receipt of your order does not constitute an acceptance declaration in the aforementioned sense.

(7) The effectiveness of contracts for larger quantities than usual for household use, as well as the commercial resale of the purchased item, requires the explicit confirmation from the provider. This applies both to the number of products ordered in a single order and to the placement of multiple orders of the same product, where the individual orders include a quantity typical for household use.

(8) Your orders will be stored with us after the contract is concluded. Should you lose your documents related to your orders, please contact us via email or phone. We will send you a copy of the order data.

(9) You agree to receive invoices electronically. Electronic invoices will be provided to you via email or in your account on the website. We will inform you with each shipment confirmation whether an electronic invoice is available. Further information about electronic invoices can be found on our website.

§ 3 Prices and Shipping Costs

(1) Our prices include the applicable statutory VAT and are exclusive of shipping costs or shipping surcharges. Shipping surcharges vary depending on the type of delivery and the nature of the items.

(2) Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We check prices when processing your order and before charging your payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we indicated, we will charge the lower amount and send you the product.

(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.

§ 4 Delivery and Cancellation

(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the purchaser. On the website, you will find information about the availability of products sold by facilis Adam Zielonka (e.g., on the respective product detail page). We point out that all information regarding availability, shipping, or delivery of a product are only estimated and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates unless explicitly stated as a binding date in the shipping options for the respective product.

(2) If facilis Adam Zielonka discovers during the processing of your order that the products you ordered are not available, you will be informed separately by email or message in your customer account. The purchaser's statutory claims remain unaffected.

(3) If delivery to the purchaser is not possible because the delivered goods do not fit through the entrance door, front door, or stairway of the purchaser, or because the purchaser cannot be found at the specified delivery address even though the delivery time was announced to the purchaser with reasonable notice, the purchaser bears the cost of the failed delivery.

(4) Delivery will be made according to the customer's payment method. For payment by PayPal, credit card, gift card, direct debit, instant transfer, or invoice, delivery will be made after the conclusion of the contract.

(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded for each shipping confirmation regarding the products listed in the respective shipping confirmation. The contracting party is facilis Adam Zielonka. Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before the corresponding shipping confirmation is sent.

§ 5 Customs

(1) If you order products from facilis Adam Zielonka for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.

(2) Furthermore, please note that when ordering from facilis Adam Zielonka, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we want to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities.

§ 6 Payment

(1) The purchaser can pay for the goods using the following payment methods:

• PayPal

• Credit card

• Google Pay

• Apple Pay

(2) Certain payment methods may be excluded by the provider in individual cases.

(3) The purchaser is not permitted to pay for the goods by sending cash or checks.

(4) If the purchaser chooses an online payment method, they authorize the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser must transfer the invoice amount to the provider’s account within five calendar days of receiving the order. The provider will reserve the goods for five calendar days accordingly.

(6) If the provider offers payment by credit card and the purchaser chooses this payment method, the purchaser expressly authorizes the provider to collect the amounts due after the partial deliveries or goods deliveries have been made.

(7) If the provider offers payment by direct debit and the purchaser chooses this payment method, the purchaser grants the provider a SEPA basic mandate. If a direct debit payment is returned due to insufficient funds or incorrect bank details, the purchaser is responsible for the costs incurred.

(8) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser undertakes to pay the invoice amount within 14 days of the dispatch of the goods, without any deduction for early payment.

(9) If the purchaser falls behind with the payment, the provider reserves the right to claim damages for the delay.

§ 7 Set-Off and Right of Retention

(1) The purchaser may only exercise the right of set-off if the counterclaim of the purchaser has been legally established or is not disputed by the provider.

(2) The purchaser can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

§ 8 Retention of Title

facilis Adam Zielonka retains ownership of the goods until full payment has been made.

§ 9 Transportation Damage

(1) If the purchaser receives the goods with visible transportation damage, they are advised to report this as soon as possible.

(2) Failure to report the damage has no effect on the purchaser’s statutory warranty rights. The purpose of the complaint is to allow the provider to assert their own claims against the carrier.

§ 10 Warranty Rights

(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered goods are governed by statutory provisions. Thus, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods in addition to their 30-day return guarantee. They can demand repair or replacement of products purchased from facilis Adam Zielonka if these turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction in the purchase price.

(2) In the case of used goods, the warranty period may be shorter than two years.

(3) If the purchaser is not a consumer, defects are remedied by redelivery or new performance.

§ 11 Limitation of Liability (Products)

(1) The provider is liable for claims for damages by the purchaser arising from injury to life, body, or health, or from breaches of essential contractual obligations, as well as for other damages resulting from intentional or grossly negligent breaches of duty by the provider, or by the provider’s legal representatives or vicarious agents.

(2) Essential contractual obligations are those obligations whose fulfillment is necessary to achieve the purpose of the contract.

(3) The provider is liable for breaches of essential contractual obligations that result in contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the purchaser arising from injury to life, body, or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) To the extent that facilis Adam Zielonka’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

§ 12 Right of Withdrawal

(1) If the purchaser is a consumer, they have a right of withdrawal in accordance with the following provisions:

(2) Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for multiple goods of a single order or the delivery of goods in multiple partial shipments or pieces).

To exercise your right of withdrawal, you must inform us:

facilis Adam Zielonka

Bövinghauser - Hellweg 16 44805 Bochum Germany

by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You can contact us at support@facilisclothing.com. If you use this option, we will confirm receipt of such a withdrawal (e.g., by email).

To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period has expired and to return the goods within the period defined below.

For additional information on the scope, content, and explanations for exercising your right of withdrawal, please contact our customer service.

(3) Consequences of Withdrawal

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the least expensive 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 of your decision to withdraw from this contract. We will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is earlier.

You must return or hand over the goods without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to:

Adam Zielonka

Bövinghauser - Hellweg 16 44805 Bochum Germany

The deadline is met if you send the goods before the 14-day period has expired. We will bear the costs of returning the goods.

(4) Exceptions to the Right of Withdrawal

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods that is not necessary for checking their nature, characteristics, and functioning.

The right of withdrawal does not apply or expires in the case of the following contracts:

• For the delivery of goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery or if they have been mixed inseparably with other goods due to their nature after delivery;
• For the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery;
• For the delivery of goods made to customer specifications or clearly tailored to personal needs;
• For the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
• For services if facilis Adam Zielonka has already fully performed the service and you have expressly agreed before the order that we may begin with the performance of the service and you lose your right of withdrawal once the contract has been fully performed;
• For the delivery of newspapers, magazines, or illustrated magazines, except for subscription contracts; and
• For the delivery of alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which cannot be delivered until after 30 days and whose current value depends on fluctuations in the market that the entrepreneur cannot influence.

§ 13 Exclusion of the Right of Withdrawal

(1) The right of withdrawal does not apply to contracts

• for the delivery of goods that are not pre-manufactured and where the production is determined by an individual choice or specification by the consumer or that are clearly tailored to the consumer’s personal needs;
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.

(2) The right of withdrawal expires prematurely for contracts

• for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery;
• for the delivery of goods if they have been mixed inseparably with other goods due to their nature after delivery;
• for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

§ 14 Data Protection

(1) If personal data (e.g., name, address, email address) is collected, we are committed to obtaining your prior consent. We commit to not disclosing data to third parties unless you have previously agreed.

(2) Please note that data transmission over the internet (e.g., via email) may have security vulnerabilities. Thus, a complete and uninterrupted protection of data from third parties cannot be guaranteed. In this regard, our liability is excluded.

(3) Third parties are not authorized to use contact details for commercial purposes unless the provider has previously granted written consent to the affected individuals.

(4) You have the right to obtain complete and free information from facilis Adam Zielonka about your data at any time.

(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.

(6) Further details on data protection can be found in the separate Privacy Policy.

§ 15 Cookies

(1) To display the product offerings, we may use cookies. Cookies are small text files that are stored locally in the cache of the visitor’s internet browser.

(2) Many websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters that allows websites and servers to assign the specific internet browser in which the cookie was stored. This allows the visited websites and servers to distinguish the individual browser of the affected person from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) By using cookies, we can provide users with more user-friendly services that would not be possible without the setting of cookies.

(4) Please note that some of these cookies are transferred from our server to your computer system, which are usually session cookies. Session cookies are characterized by being automatically deleted from your hard drive after the end of the browser session. Other cookies remain on your computer system and allow us to recognize your computer system on your next visit (so-called persistent cookies).

(5) You can object to the storage of cookies; a banner is available for you to accept or reject them.

(6) Of course, you can configure your browser to prevent cookies from being stored on your hard drive or to delete cookies that have already been stored. Instructions for preventing and deleting cookies can be found in your browser's help function or from your software provider.

§ 16 Jurisdiction and Applicable Law

(1) For disputes and disagreements arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention.

(2) The exclusive place of jurisdiction for orders from merchants, legal entities under public law, or special public funds is the location of the provider.

§ 17 Final Provisions

(1) The language of the contract is German.

(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use facilis Adam Zielonka with the involvement of a parent or guardian.

(3) If you breach these terms and conditions and we take no action, we are still entitled to exercise our rights on any other occasion when you breach these sales terms.

(4) We reserve the right to make changes to our website, rules, conditions, including these terms and conditions, at any time. The sales terms, contract terms, and T&Cs that apply to your order are those in effect at the time of your order, unless a change to these terms is required by law or by regulatory order (in which case they will also apply to orders you have placed previously). If any provision in these sales terms is invalid, void, or unenforceable for any reason, that provision shall be deemed separable and shall not affect the validity and enforceability of the remaining provisions.

(5) The invalidity of one provision does not affect the validity of the other provisions of the contract. If this occurs, the provision shall be replaced by another legally permissible provision that corresponds to the purpose and intent of the invalid provision.