Terms and Conditions

 

General Terms and Conditions (GTC)

Suprema Strick- und Wirkwarenfabrik Moniek Cukierman GmbH, Kurfürstendamm 67, 10707 Berlin, represented by Managing Director Mr. Ariel Cukierman (hereinafter referred to as “Seller”) offers a large selection of self-designed clothing and accessories for women, men and children in this online shop, www.style-republic.eu.

For the sole purpose of improving readability, gender-specific spelling has been omitted. All personal designations in these General Terms and Conditions are therefore to be understood as gender-neutral.

§ 1 Scope and definition

  1. The following General Terms and Conditions form the basis for all purchases of clothing and accessories for women, men and children made in the seller's online shop  .
  2. The customer's general terms and conditions do not apply. This applies even if the seller has not explicitly objected to them.
  3. “Customers” within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
  4.  “Entrepreneur” within the meaning of Section 14 of the German Civil Code (BGB) is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
  5. A “consumer” within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

§ 2 Conclusion of contract / technical step

  1. The presentation of the seller's products in its online shop is to be qualified as a non-binding invitation to submit an offer to conclude a purchase contract.
  2. The customer submits a binding offer to conclude a purchase contract by placing the selected goods in the digital shopping cart by clicking on the "Add to cart" button provided for this purpose. After reviewing the order, the customer then clicks "Place order with payment." By submitting the binding offer, the customer agrees to the validity of these General Terms and Conditions.
  3. The customer can complete the ordering process either as a guest or as a registered customer.
  4. Before submitting a binding offer, the buyer has the opportunity to review, correct, or modify the order (e.g., using the browser's "back" function). The customer can cancel the entire ordering process at any time by closing the web browser.
  5. After the customer submits the binding purchase offer, they will receive an automated confirmation of receipt of the order via email containing the order details and these General Terms and Conditions, which contain all customer information for distance selling. This confirmation of receipt does not constitute a declaration of acceptance by the seller. The customer can also download the currently valid General Terms and Conditions from the seller's website at https://style-republic.eu/agb/  or here as a PDF.
  6. A contract is only concluded upon the Seller's declaration of acceptance, which is sent to the Customer via a separate email (order confirmation), but at the latest upon dispatch of the order.
  7. If the customer does not receive the seller's declaration of acceptance within five working days of the offer being made, the customer's offer to conclude a purchase contract has not been accepted and a purchase contract has not been concluded.
  8. The contract is concluded exclusively in German.

§ 3 Delivery area and customer base

The seller’s offer is aimed exclusively at customers with a residence or habitual abode in Germany or Austria.

§ 4 Customer account

  1. The customer has the option of creating a customer account.
  2. Before or as part of an order, the customer can create a customer account by providing his current and valid e-mail address and a personalized password and log in there with these data as needed (so-called log-in data).
  3. Free registration alone does not create any obligation to purchase the goods offered by the seller. For information on the processing of customer data, the seller refers to the privacy policy, available at https://style-republic.eu/datenschutz/ or as a PDF download here .
  4. The customer guarantees that the data required to create the customer account is complete and true.
  5. The customer undertakes to store the login data in such a way that it is protected from unauthorized access by third parties.

§ 5 Availability of goods

  1. If a specific product ordered by the customer is not available at the time the customer submits a binding purchase offer, the seller will notify the customer immediately by email. An order confirmation will not be issued in this case. If the unavailability affects only part of an overall order, the declaration of acceptance will be made with regard to the remaining product(s). A contract will not be concluded with regard to the unavailable product. The remaining part of the order remains unaffected.
  2. If a specific product ordered by the customer is temporarily unavailable at the time the binding purchase offer is submitted, the seller will inform the customer of this fact in the declaration of acceptance. In the event of a shipping delay of more than two weeks (from receipt of the declaration of acceptance by the customer), the customer has the right to withdraw from the contract to that extent. Any remaining part of the order remains unaffected.
  3. Please note the exception in Section 16 of the General Terms and Conditions.

§ 6 Quantity of goods

Goods are only sold in commercially available quantities.

§ 7 Storage of the contract text

  1. The contract text (see Section 2, Paragraph 5 of these Terms and Conditions) will be saved by the Seller after the contract has been concluded. If the Customer has a customer account, they can view the contract text of the last ten orders placed under "My Purchases" after entering their login details. If a guest order is placed, the Seller will make the contract text available to the Customer again upon request.
  2. Before submitting the order (see Section 2 Paragraph 2), the contract data can be printed out or saved electronically using the browser's print function.

§ 8 Vouchers and Coupons

  1. Vouchers include gift certificates that customers can purchase for a fee by concluding a purchase agreement with the seller. Coupons are not available for purchase but are issued free of charge by the seller for promotional purposes.
  2. A payout of the amount represented in the voucher to the customer is not possible. This also applies to any discount associated with the coupon.
  3. The general terms and conditions for redeeming vouchers  from the seller can be found here  .
  4. Coupons are subject to different redemption rules. The applicable requirements will be communicated to the buyer in connection with the respective coupon.
  5. Vouchers and coupons can be redeemed when purchasing goods in the online shop. Please note that, depending on the type of voucher or coupon, not all payment methods are available (see Section 9, Paragraph 4).
  6. When redeemed, coupons are deducted proportionally from the individual prices of the individual products in the shopping cart, but only for the products for which the coupon is valid.

§ 9 Terms of payment

  1. All prices quoted for consumers are final prices (gross) in € (Euro) including VAT, plus shipping costs.
  2. All prices quoted for businesses are net prices in € (Euro) excluding VAT, plus shipping costs.
  3. The applicable statutory sales tax will be shown separately on the invoice.
  4. Payments can be made by credit card (Visa, American Express, Eurocard/Mastercard) and PayPal. The seller reserves the right to refuse certain payment methods and to refer to other payment methods.
  5. The data entered will not be stored by the seller, but may be stored by the selected payment provider. The respective terms of use and privacy policy of the payment service provider apply.
  6. Payment of the purchase price is due immediately after conclusion of the contract (receipt of the order confirmation by the Seller), but receipt of payment should be recorded no later than 14 days after the conclusion of the contract. The timeliness of payment is determined by the receipt of payment (credit to the Seller's account).
  7. If no payment is made within 14 days, or after a separate due date, the customer is immediately in default. In this case, the seller is entitled to payment of default interest. For consumers, the default interest rate is 5 percentage points above the applicable base interest rate. The consumer reserves the right to provide counter-evidence of lesser damages. For businesses, the default interest rate is 9 percentage points above the applicable base interest rate.
  8. In addition to paragraph 8, the Seller reserves the right to assert further damages for delay.

§ 10 Retention of title, assignment

  1. The delivered goods remain the property of the seller until the purchase price has been paid in full, including any ancillary claims (reserved goods).
  2. Customers who are consumers are not entitled to resell the reserved goods.
  3. Customers who are entrepreneurs are entitled to resell the reserved goods in their ordinary course of business.
  4. However, the Entrepreneur hereby assigns to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller's claim that accrue to the Entrepreneur from the resale against his customers or third parties.
  5. The Entrepreneur remains authorized to collect this claim after the assignment. The Seller's authority to collect the claim itself remains unaffected. The Seller undertakes not to collect the claim as long as the Entrepreneur meets its payment obligations from the collected proceeds, does not default on payment, and, in particular, no application for the opening of composition or insolvency proceedings has been filed, and no payments have been suspended.
  6. However, if this is the case, the Seller may demand that the Entrepreneur inform the Seller of the assigned claims and their debtors, as well as provide all information necessary for collection, hand over the relevant documents and inform the debtors (third parties) of the assignment.

§ 11 Delivery times and delivery costs

  1. The goods will be shipped by post.
  2. Unless otherwise agreed (e.g. promotions, etc.), the customer shall bear the shipping costs.
  3. The shipping costs can be found in the product information or on the overview page during the ordering process.
  4. In the case of consumers, the risk of loss or damage to the purchased item passes to the customer upon delivery of the item by the shipping company to the customer.
  5. In the case of mail order sales by entrepreneurs, the risk of transport passes to the customer as soon as the goods have been handed over to the shipping company designated to carry out the shipment.
  6. Unless otherwise stated on the product page, the delivery time is three to five working days.

§ 12 Transport damage

  1. If goods are delivered with obvious transport damage, the customer is obliged to immediately complain to the deliverer and to contact the seller without delay.
  2. Failure to file a complaint or contact the seller has no consequences for statutory claims and their enforcement. However, it does help the seller assert its claims against the freight carrier or transport insurance. Section 377 of the German Commercial Code (HGB) applies to entrepreneurs.

§ 13 Colors/images of the clothing items

The seller strives to ensure the best possible resolution for the photographic images of the respective clothing items offered; however, color intensity and color spectrum may vary in individual cases. This depends in particular on the performance of the graphics card of the device used by the customer (e.g., PC or smartphone). Therefore, possible color deviations do not constitute a defect within the meaning of the statutory warranty law (see Section 14).

§ 14 Warranty

  1. Customers are entitled to statutory liability rights in the event of defects in the purchased item.
  2. These consumer liability rights for defects expire after two years from the transfer of risk for new goods and after one year from the transfer of risk for used goods.
  3. For entrepreneurs , (2) applies with the proviso that the warranty rights generally expire after one year from the transfer of risk.
  4. If the subsequent performance fails, the customer – if he is a consumer – is entitled, at his discretion, to demand withdrawal or reduction of the price.
  5. Claims for defects by entrepreneurs presuppose that they have fulfilled their obligations to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
  6. The seller does not provide a guarantee.
  7. The warranty does not cover normal wear and tear.

§ 15 Liability

  1. Unless expressly agreed otherwise, any further claims of the customer beyond those mentioned in Section 14 – regardless of the legal basis – are excluded.
  2. The seller is not liable for damages that did not directly occur to the delivered item. In particular, it is not liable for lost profits or other financial losses suffered by the customer – regardless of the legal basis.
  3. However, the seller is liable without limitation for damages within the framework of the statutory provisions
  4. from injury to life, body or health resulting from an intentional or negligent breach of duty or other intentional or negligent conduct by the seller or one of its legal representatives or vicarious agents;
  5. which are based on an intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent conduct by the Seller or one of its legal representatives or vicarious agents.
  6. In any event, the Seller's liability is limited to the foreseeable damage typical for the contract. Furthermore, the Seller is only liable for damages resulting from a slightly negligent breach of cardinal obligations, i.e., obligations that are essential to the contract.
  7. For claims for damages that are not subject to limitation of liability, the statutory limitation periods apply.
  8. To the extent that liability is excluded, this also applies to the personal liability of the Seller’s employees, staff and vicarious agents.

§ 16 Force Majeure Clause/ Force Majeure

  1. If delivery difficulties and/or delays occur as a result of an event of force majeure, the customer shall not be entitled to claim damages or reimbursement of wasted expenses incurred in reliance on the proper performance of the contract.
  2. “Force majeure” means the occurrence of an event or circumstance that prevents a party from fulfilling one or more of its contractual obligations under the Contract if and to the extent that the party affected by the impediment proves that:
  3. this obstacle is beyond its reasonable control; and
  4. it was not reasonably foreseeable at the time the contract was concluded; and
  5. the effects of the impediment could not reasonably have been avoided or overcome by the party concerned.
  6. Paragraphs 1 and 2 shall also apply in the event of strikes or curfews in third-party companies or in the Seller's business (in the latter case, however, only if the industrial action is lawful), official intervention, legal prohibitions, or other circumstances beyond the Seller's control that hinder the Seller's performance. The agreed performance period shall be deemed extended by the duration of the hindrance and a reasonable start-up time after the end of the hindrance ("downtime") (see Delivery Time Section 11) – for this duration, no breach of duty by the Seller shall be deemed to have occurred. The Seller shall notify the Customer of such hindrances and their expected duration immediately upon becoming aware of them.

§ 17 Consumer’s right of withdrawal in distance selling

When ordering via distance communication means, such as the seller’s online shop, consumers have the following statutory right of withdrawal:

(1) Consumers have a right of withdrawal in accordance with Section 312g Paragraph 1 of the German Civil Code (BGB) in conjunction with Section 355 of the German Civil Code (BGB).

(2) Right of withdrawal for contracts for the sale of goods:

Cancellation policy

Right of withdrawal

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

The cancellation period for a purchase contract is fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

In the case of a contract for the delivery of goods in several partial deliveries or pieces, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last partial delivery or the last piece.

In the case of a contract for the regular delivery of goods over a specified period of time, the cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the first goods.

To exercise your right of withdrawal, you must inform us (Suprema Strick- und Wirkwarenfabrik Moniek Cukierman GmbH, Kurfürstendamm 67, 10707 Berlin, or email: styleandrepublic@suprema.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You can use the attached model withdrawal form (although this is not mandatory) or, alternatively, fill out and print another clear statement on our website electronically or have the delivery person print it out using the QR code provided for this purpose.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen 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 expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

You must return the goods to Suprema Strick- und Wirkwarenfabrik Moniek Cukierman GmbH, Kurfürstendamm 67, 10707 Berlin, or hand them over to us at Suprema Strick- und Wirkwarenfabrik Moniek Cukierman GmbH, Kurfürstendamm 67, 10707 Berlin, promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send or hand over the goods before the expiry of the fourteen-day period. We will bear the 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.

End of the cancellation policy

(3) Sample cancellation form:

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.)

To the

Suprema Knitwear Factory Moniek Cukierman GmbH

Kurfürstendamm 67

10707 Berlin

Email: styleandrepublic@suprema.de

Revocation

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):

________________________________________________________

________________________________________________________

Order number:

________________________________________________________

Ordered on (*) / received on (*): ________________________________________________________

Name of consumer(s):

________________________________________________________

Address of the consumer(s):

________________________________________________________

Signature of the consumer(s) (only if notification is made on paper)
 ________________________________________________________

Date:

(*) Delete as appropriate.

  1. In addition to the rights specified in this section, the customer has the option of declaring and processing the cancellation of an order in person at Suprema Strick- und Wirkwarenfabrik Moniek Cukierman GmbH, Kurfürstendamm 67, 10707 Berlin, within the cancellation period.

§ 18 Instructions for processing returns

  1. If it is reasonable for the customer, the item must be returned to the seller in its original packaging using the electronically accessible return label.
  2. The use of the original packaging and the return slip is not mandatory, but only serves to simplify the return process.
  3. The payment already made will be refunded to the customer using the corresponding payment method, provided the goods were sent within the 14-day return period.

§ 19 EU platform for online dispute resolution (OS / also called “ODR”)

The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/ . This online dispute resolution (ODR) option is intended to provide a simple, efficient, fast, and cost-effective out-of-court solution to disputes. Details can be found at the link above. 

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 20 Other agreements

  1. This contract is governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If a customer who is a consumer has his or her habitual residence in another country within the European Union at the time the contract is concluded, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in the previous sentence.
  2. The place of jurisdiction is – to the extent permissible – Berlin. Berlin is also agreed as the place of jurisdiction if the customer is a consumer and does not have a general place of jurisdiction within Germany, or if he or she relocates his or her place of residence or habitual abode outside the territory of the Federal Republic of Germany after placing the order, or if his or her place of residence or habitual abode is unknown at the time the action is filed.
  3. Any amendments or additions to this agreement must be made in writing to be effective. The same applies to any waiver of this written form requirement.
  4. There are no ancillary agreements to this contract. Customers' general terms and conditions do not apply.
  5. Should individual provisions of this agreement be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. However, the parties undertake to replace the invalid provision with one that comes as close as possible to the economic intent. The same applies to any gaps in the contract.