General Terms and Conditions

General Terms and Conditions of Held Fashion Retail GmbH  

(Version 01.09.2024) 

§ 1 Scope and Definitions 
§ 2 Conclusion of Contract 
§ 3 Prices, Retention of Title 
§ 4 Payment Methods and Invoicing 
§ 5 Special Provisions for Personalized Products 
§ 6 Right of Withdrawal 
§ 7 Shipping and Delivery
§ 8 Redeeming Promotional Vouchers/Codes and Vouchers without Minimum Purchase Value
§ 9 Redeeming Promotional Vouchers/Codes and Vouchers with Minimum Purchase Value
§ 10 Transport Damages
§ 11 Warranty and Liability
§ 12 Limitations for Businesses
§ 13 Data Protection and Credit Check
§ 14 Applicable Law
§ 15 Severability Clause
§ 16 Complaints Procedure & Dispute Resolution
§ 17 Website Provider

§ 1 Scope and Definitions

1. The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.

2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity.

3. A business is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their trade, business or profession.

4. With respect to businesses: If the business uses conflicting or supplementary terms and conditions, their validity is hereby rejected unless we have expressly agreed to them in writing.

§ 2 Conclusion of Contract 

1. If a purchase contract is concluded, it will be with:

Held Fashion Retail GmbH  
Hans-Hofmann-Straße 11 
95213 Münchberg 

Rechtlich vertreten durch:  Carolin Kittel
geschlossen. 

2. The following provisions apply to all types of products. All information on the platform is to be understood solely as an invitation to purchase. Your order constitutes an offer to purchase the products listed in your order. You agree to this.

3. All submitted orders require our confirmation. We are entitled to confirm orders at any time or to reject orders without stating reasons and without any liability to you or third parties.

4. After placing your order, we will send you an order confirmation by e-mail, which will contain your order number, details of the products you have offered to purchase, and delivery information. Acceptance of your order and the conclusion of a contract between you and us only occurs when:

a.   Sie von uns eine Bestätigung darüber erhalten haben, dass die von Ihnen bestellten Produkte unser Lager verlassen haben, oder 

b.   Sie eine Information von uns oder einem Paketdienstleister oder Spediteurs in Abhängigkeit der gewählten Versandart, erhalten haben, dass die von Ihnen bestellten Produkte zur Abholung an einer Pack- oder Abholstation oder an unserer Firmen-adresse hinterlegt wurden.

5. If an order or part of an order cannot be fulfilled despite timely procurement through a covering transaction for reasons beyond the control of Held Fashion Retail GmbH, the customer will be informed immediately and, in the event of cancellation, any payments already made will be refunded without delay.

6. If a customer orders multiple items at the same time that cannot be shipped together due to temporary unavailability, Held Fashion Retail GmbH will deliver them as they become available. Delivery times will be indicated separately during the ordering process.

7. Held Fashion Retail GmbH only accepts orders from customers who are over 18 years of age, subject to the further provisions in § 2.

8. The contract language is German.

§ 3 Prices, Retention of Title

1. Our prices are generally stated in euros and include the applicable VAT. We may limit or end special offers or discounts at any time.

2. The prices listed in the online shop at the time of the order apply unless otherwise agreed.

3. We are entitled to charge shipping costs. Shipping costs vary depending on the product. Details on shipping costs can be found under the sections 'Payment and Shipping' or 'Payment'.

4. All products remain the property of Held Fashion Retail GmbH until you have paid all amounts owed to us in full. Before full transfer of ownership, you are not permitted to sell, modify, dispose of, or encumber the products.

§ 4 Payment Methods and Invoicing

1. For information on the available payment methods, please refer to the section “Zahlung und Versand“ or „Zahlung“, „Versand“.

2. In accordance with the privacy policy, we reserve the right to conduct an individual credit check before the order and, depending on the result, to exclude certain payment methods.

3. As a rule, we issue invoices either as printed documents or make them available electronically. You agree to these forms of invoicing.

§ 5 Special Provisions for Personalized Products

1. Personalized products include:

a. Produkte, für deren Gestaltung Sie uns Inhalte (Fotos, Grafiken, Texte, Namen, Wörter etc.) übermitteln 

b. Produkte, die Sie mit Hilfe einer unserer Konfiguratoren individualisieren 

c. Products such as fabrics, which we cut to your requested length

2. The right of withdrawal does not apply to personalized products in accordance with § 6 of these terms and conditions (§ 312g para. 2 no. 1 BGB).

3. Products for which you provide us with, for example, photos, images, fabric designs, names, words, phrases, or graphics may not:

a. be the name of a product, service, company, organization, or event that belongs to a third party

b. infringe trademark, copyright, or usage rights of a third party

c. contain names or photos of a famous, living, or deceased person

d. be threatening, incite violence, or be defamatory, obscene, hateful, sexually explicit, discriminatory, or otherwise unlawful

e. be generally unacceptable in our view

4. We reserve the right to cancel your order if content submitted to us is deemed inadmissible under § 5 (1). Furthermore, we reserve the right to claim compensation for any proven damages incurred.

5. You agree to indemnify Held Fashion Retail GmbH and its affiliates from all liabilities, expenses, costs, and losses arising from any content you have submitted or uploaded in violation of § 5(1).

6. You grant Held Fashion Retail GmbH and its affiliates a non-exclusive, revocable, royalty-free, worldwide, and fully sublicensable right to use, disclose, reproduce, and adapt the content you provide (e.g., photos, graphics, words, names, and phrases) for the purpose of fulfilling your order.

§ 6 Right of Withdrawal

1. Right of withdrawal

As a consumer, you have a right of withdrawal. The conditions and consequences of the right of withdrawal are outlined below.

Widerrufsbelehrung

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 you or a third party named by you, who is not the carrier, took possession of the goods. If you ordered multiple items in a single order and they are delivered separately, the withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, took possession of the last item.

Um Ihr Widerrufsrecht auszuüben, müssen Sie uns
Held Fashion Retail GmbH
Hans–Hofmann–Straße 11
95213 Münchberg
onlineshop@frankwalder.com 
Fax: 49(0)09251 447 355

by means of a clear statement (e.g., a letter sent by post, fax or email) informing us of your decision to withdraw from this contract. You may use the attached sample withdrawal form for this purpose, although it is not mandatory.

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

2. Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal. For this reimbursement, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earlier.

You must send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of your withdrawal from this contract

Held Fashion Retail GmbH
Hans – Hofmann – Straße 11
D - 95213 Münchberg

The deadline is met if you send back the goods before the period of fourteen days has expired.

We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the withdrawal instructions

§ 7 Shipping and Delivery

1. Deliveries are made exclusively within the Federal Republic of Germany. We deliver only to residential and business addresses or to parcel shops of the shipping service provider.
2. In the event of an unsuccessful delivery attempt, you agree that the shipping provider commissioned by us may deliver the products to a neighbor’s address or an address near a parcel shop of the provider. This will be considered as fulfillment of our delivery obligation. The provider will inform you about such delivery.
3. Shipping is carried out on working days, excluding public holidays at the location of our shipping warehouse. No deliveries or shipments are made on public or regional holidays.
4. All further information, including applicable shipping costs and delivery times, can be found on the pages 'Payment and Shipping' or 'Shipping' in the respective online shops.
5. Shipping costs for an order are listed separately and must be borne by the customer unless free shipping has been explicitly offered.
6. All delivery times are approximate and are not binding deadlines. The mere fact that a delivery time is exceeded does not entitle you to compensation. However, at our discretion, we may fully refund express delivery charges in the unlikely event of a delay. Note that different delivery times apply to personalized products.
7. To ensure prompt delivery, we are entitled to make partial deliveries. These do not incur additional costs unless you explicitly request partial delivery, in which case we may charge extra shipping fees. Each partial delivery constitutes a separate purchase contract. Defects or delays in one partial delivery do not entitle you to cancel other parts.
8. If, after the conclusion of the purchase contract, we are no longer able to deliver your ordered products or part thereof for reasons beyond our control, we are entitled to terminate the contract. We will notify you immediately and refund any payments already made.

§ 8 Redeeming Promotional Vouchers/Codes and Vouchers without Minimum Purchase Value

1. If promotional vouchers/codes and vouchers without a minimum purchase value can be used during ordering, the following procedure applies:

• You will find the input field for vouchers/codes in the shopping cart after the first step of the ordering process.

• Click 'I have a voucher', and the field for entering the voucher code will appear.

• Enter the voucher code into this field.

• Confirm the entry by clicking the button to the right of the input field.

The voucher amount will then be immediately applied to the total order value in the shopping cart.

2. The following conditions apply when redeeming vouchers/codes:

a. Only one voucher/code can be redeemed per order.

b. Multiple vouchers/codes, especially from different promotions, cannot be combined.

c. Vouchers/codes can only be redeemed during the ordering process. A subsequent credit is unfortunately not possible.

d. Cash payout of vouchers is excluded.

e. Resale of vouchers/codes is not permitted.

f. Voucher promotions have a limited validity period, which is stated on the voucher and/or the voucher code. After the promotional period has ended, the code can no longer be redeemed. An extension is not possible.

§ 9 Redeeming Promotional Vouchers/Codes and Vouchers with Minimum Purchase Value

1. If promotional vouchers/codes and vouchers with a minimum purchase value can be used during ordering, the following procedure applies:

• You will find the input field for vouchers/codes in the shopping cart after the first step of the ordering process.

• Click 'I have a voucher', and the field for entering the voucher code will appear.

• Enter the voucher code into this field.

• Confirm the entry by clicking the button to the right of the input field.

2. The following conditions apply to the redemption of vouchers/codes with a minimum purchase value:

a. Only one voucher/code can be redeemed per order.

b. Multiple vouchers/codes, especially from different promotions, cannot be combined.

c. Vouchers/codes can only be redeemed during the ordering process. Subsequent crediting is unfortunately not possible.

d. Cash payout of vouchers is excluded.

e. Resale of vouchers/codes is not permitted.

f. Voucher promotions have a limited validity period, which is stated on the voucher and/or code. After the promotional period, the code can no longer be redeemed. Extensions are not possible.

g. Promotional vouchers require a minimum purchase value to be redeemed, which is always specified on the voucher together with the code.

h. Minimum purchase value (“starting from a purchase of…”) means that a legally binding contract must be concluded and executed above this amount, even after a potential exercise of your right of withdrawal. If the order value falls below the required minimum due to withdrawal or return, the voucher/code cannot be applied. If another voucher from the same promotion with a lower minimum is still met, it will automatically be credited. Otherwise, full item prices without discounts will apply.

§ 10 Transport Damage

1. For consumers:

a. If products are delivered with obvious transport damage, please contact the delivery service directly and report the damage. Please also inform us as soon as possible.

b. Failing to file a complaint or to contact us has no consequences for your statutory claims or their enforcement, in particular your warranty rights.

2. For business customers:

a. The risk of accidental loss or deterioration transfers to you as soon as the goods have been handed over to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment.

§ 11 Warranty and Liability

1. Statutory warranty regulations apply.
2. The customer may request subsequent performance in the form of defect rectification or replacement delivery. Held Fashion Retail GmbH is entitled to refer the customer to replacement delivery if rectification would involve disproportionate costs. Warranty claims expire two years after delivery of the goods.
3. The customer should assert warranty claims by providing the order number, name, address, and a brief description of the issue. Upon request, the customer shall return the defective goods for inspection at the cost and risk of Held Fashion Retail GmbH to the following address: Held Fashion Retail GmbH, Hans-Hofmann-Straße 11, 95213 Münchberg.
4. Nothing in these terms excludes or limits our liability for the following:

a. Death caused by our negligence

b. Bodily injury caused by our negligence

c. Fraud or fraudulent misrepresentation

d. Any matter for which it would be unlawful to exclude or limit our liability

5. If we breach gift card terms and you suffer foreseeable damage as a result of that breach or our negligence, we are liable.
6. A damage is foreseeable if it is an obvious consequence of our breach at the time of the contract or your order.
7. We are not liable for losses that are not foreseeable.

§ 12 Restrictions for Business Customers

1. For business customers, only our own product specifications or those of the manufacturer shall apply if included in the contract. We do not accept liability for any differing statements regarding the product characteristics made elsewhere.
2. The limitation period for defect claims in newly manufactured products is one year from the transfer of risk. Statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
3. If merchants fail to notify us in accordance with the inspection and complaint obligations set out in § 377 HGB, the goods shall be deemed approved. This does not apply to defects that were not detectable during inspection or if we have fraudulently concealed the defect.
4. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

§ 13 Data Protection and Credit Check

1. Die Held Fashion Retail GmbH verwendet die personenbezogenen Daten des Kunden ausschließlich gemäß den Bestimmungen des geltenden deutschen und europäischen Datenschutzrechts. Die Einzelheiten der Verwendung personenbezogener Daten sind der Datenschutzerklärung Datenschutz | FRANK WALDER zu entnehmen.
2. Held Fashion Retail GmbH reserves the right, if there is a legitimate interest, to carry out a credit check on the customer based on the customer data. In this context, Held Fashion Retail GmbH transmits the personal data required for the credit check (name, date of birth, address, and bank details) to the credit agency Bürgel Wirtschaftsinformationen GmbH & Co. KG, PO Box 500 166, 22701 Hamburg. The credit agency calculates the credit risk or the statistical probability of default (scoring) based on mathematical-statistical methods. Based on this credit report, Held Fashion Retail GmbH decides whether to allow payment by invoice.

§ 14 Applicable Law

All legal transactions between the customer and Held Fashion Retail GmbH are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not deprive the customer of the protection granted by mandatory provisions of the law of their country of residence (principle of favorability).

§ 15 Severability Clause

If individual provisions of these general terms and conditions are or become wholly or partially invalid, the validity of the remaining terms and conditions shall remain unaffected. The statutory provisions shall apply in place of the invalid provisions. The same applies in the event that these general terms and conditions contain an unforeseen omission.

§ 16 Complaints & Dispute Resolution

1. Under applicable law, we are obliged to inform consumers about the existence of the European Online Dispute Resolution (ODR) platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution platform here:http://ec.europa.eu/odr .
2. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and have therefore opted against voluntary participation.

§ 17 Website Provider

The website offered under the domain www.frankwalder.com is operated by:

Held Fashion Retail GmbH
Hans-Hofmann-Straße 11
D-95213 Münchberg

Amtsgericht Hof: HRB 3473
Tax number: 223/159/57005
VAT identification number: DE 224925645

Legally represented by the Managing Director:
Carolin Kittel

Operationally responsible:
E - Commerce Management
Johannes Diehl
Hans-Hofmann-Straße 11
D-95213 Münchberg

Phone: +49 (0) 9251 447 245
Fax: +49 (0) 09251 447 355
Email: onlineshop@frankwalder.com

If you have any further questions, we are available by phone from Monday to Friday between 8:00 a.m. and 4:00 p.m. at the phone number +49 (0) 9251 447-0 or by email at onlineshop@frankwalder.com to assist you.

Effective as of: 01.09.2024