General Terms and Conditions
Section 1 Scope and terms and conditions
(1) Exclusively the following General Terms and Conditions in the version in place at the time of order will apply to all business relationships constituted by use of the Tamaris online shop. Deviating terms will not be recognised, unless their applicability was explicitly confirmed in writing. Upon conclusion of an order, the contractual relationship is constituted between Wortmann Fashion Retail GmbH & Co. KG, Klingenbergstr. 1–3, D-32758 Detmold ("Tamaris") and the ordering party ("Customer").
(2) The contractual language is English.
(3) The range of products offered in our online store is aimed exclusively at customers who are at least 18 years old.
Section 2 Conclusion of the contract
(1) Customers are invited to visit the online shop to order the available products on the Internet, whereby the minimum value per order is 25,00€. The product presentation in the online shop constitutes merely a non-binding invitation to the Customer to order a given product.
(3) Tamaris sends the Customer an automatic order confirmation by e-mail, reiterating the Customer's order. Customers can use the "Print" feature to print out a copy of this confirmation. The automatic order confirmation merely documents that Tamaris has received the Customer's order. It does not constitute an acceptance of the order. The contract only comes into force by an acceptance of the order by Tamaris that is sent either in a separate e-mail or that takes place by notification of shipping (shipping confirmation), i.e. by delivery of the products.
(4) Among other reasons, Tamaris is entitled to reject execution of an order and hence the conclusion of a purchase contract if previous orders have not yet been settled in full, and in particular if the Customer is in default of payment. Alternatively, Tamaris is entitled to postpone execution of the order and hence fulfilment of the obligations set forth in the new purchase contract until complete satisfaction of the previous order has taken place. Tamaris will notify the Customer by separate cover in this case.
(5) The contract is concluded in the english language.
Section 3 Availability of the products and delivery
(1) The availability of a product may vary depending on the requirements of the Customer (size, colour, etc.); availability is noted for each product. Unavailable products cannot be ordered. Nevertheless, the Customer is entitled to place his/her name on the waiting list. Tamaris will notify the Customer in the event that the availability status changes retrospectively, and in these cases may decline to accept the order.
(2) Delivery and billing takes place in the name and on the account of Wortmann Fashion Retail GmbH & Co. KG, Klingenbergstr. 1–3, D-32758 Detmold.
(3) Depending on the shipping method selected, the delivery time for available products will generally be no more than one week, calculated from receipt of payment for prepaid orders. Tamaris is entitled to make partial deliveries.
(4) Tamaris will notify the Customer immediately of any hindrance to delivery in the event of force majeure or similar incidents such as strike, lock-out, scarcity of resources as well as transport bottlenecks and operational disruptions that are not the fault of Tamaris, for instance caused by fire, water or machine damage. The obligation to deliver the ordered products is suspended for the duration of these performance hindrances; Tamaris will inform the Customer of these performance hindrances and their rectification. The Customer is entitled to withdraw from the contract in the event that this kind of performance hindrance persists for a period lasting more than four weeks. There shall be no other claims against Tamaris, in particular claims to indemnification.
(5) The following restrictions on delivery apply: Tamaris only ships to Customers whose common place of residence (invoice address) is in one of the following countries, and who have specified a shipping address in the same country: Spain.
Section 4 Prices and shipping costs
(1) All prices stated in the online shop include the statutory rate of value added tax. The minimum order value per order is 25,00€. The actual product price is authoritative in this regard.
(2) Deliveries are made exclusively in Spain.
(3) Shipping takes place using Correos.
(4) The Customer is required to pay a share of the shipping costs for each order, which is stated in the order overview before placing the order. The amount depends on the selected shipping method. The number of ordered products is irrelevant to the calculation of shipping costs.
(5) Shipping costs are charged on one occasion only in the event that technical or logistical reasons necessitate shipping in several partial consignments.
Section 5 Terms of payment
(1) Customers can make payment by PayPal and credit card.
(2) The purchase price is payable together with the order.
Section 6 Right to set-off and retention
(1) You are only entitled to offset a claim if your counterclaim has been legally established, or if it is not disputed by us or is recognised by us, or if it is reciprocally closely related to our claim.
(2) You may only exercise a right of retention, insofar as your counterclaim is based on the same contractual relationship.
Section 7 Warranty for material deficiencies
(1) Tamaris is liable for material deficiencies according to the terms set forth under law. The warranty period for products delivered to companies shall be twelve months from delivery.
(2) The Customer is required to report without delay any obvious material and manufacturing defects in delivered products as well as transport damage, insofar as the Customer is not a consumer.
Section 8 Liability
(1) Tamaris is fully liable for wilful intent and gross negligence; liability is otherwise limited or excluded according to the terms set forth in the following.
(2) The liability of Tamaris is limited to damage that is typical of this kind of contract and that was foreseeable upon conclusion of the contract.
(3) Tamaris shall only be liable for slight negligence inasmuch as it refers to the violation of an obligation whose adherence is of particular importance to the fulfilment of the contractual purpose (cardinal obligation). The limitation on liability set forth in the foregoing shall apply in these cases; liability for slight negligence is otherwise excluded.
(4) Liability for indirect damage or for follow-on damage, in particular for damage caused by interruptions in business operations and loss of profits, shall be excluded in all cases.
(5) The limitation on liability shall not apply to injuries caused to life, limb or health, or to claims based on the German Product Liability Act (ProdHaftG). This is without prejudice to liabilities arising from guarantees accepted by Tamaris.
(6) These limitations on liability also apply for the benefit of our vicarious agents.
Section 9 Right of cancellation
If the customer is a consumer and has entered into a contract with Wortmann Fashion Retail by using this online store, then the customer is entitled to cancel in accordance with the following stipulations:
Right of cancellation
You are entitled to cancel this contract within 14 days without specifying reasons. The right to cancellation lasts 14 days from the day on which you or a third party specified by you (who is not the carrier) took possession of the final item.
In order to exercise your right to cancel, you must contact us at
Tamaris Onlineshop, c/o fuljoyment AG, Nikolaus-Otto-Str. 1, 22946 Trittau, Germany
telephone no.: +34-91-1309360 fax no.: +34-91-1309361, e-mail address: firstname.lastname@example.org
giving us a clear statement (e.g. by post, fax or email) about your decision to cancel this contract. You may use the enclosed sample cancellation form, however this is not mandatory: download sample cancellation form.
If you receive documents with the delivery in which alternative contact details are specified for the cancellation notice, you may at your discretion also send details of your cancellation using these details. In order to meet the deadline for cancellation, it is sufficient for you to send the notification stating that you are exercising your right to cancel before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we must refund all payments which we have received from you, including delivery costs (with the exception of any additional costs arising as a consequence of you choosing a different type of delivery to the cheapest standard delivery offered by us), and this repayment must be done immediately, no later than 14 days from the date on which we receive notification of your contract cancellation. Unless explicitly agreed with you otherwise, we will use the same payment method for this refund as you used for the original transaction: on no account will you be charged fees as a result of this refund. We may refuse to issue the refund until we have received the returned items or until you have produced evidence that you have sent the items back, depending which happens earlier. You must return the items immediately and absolutely no later than 14 days after the date on which you informed us of the cancellation of this contract. The return address is:
Tamaris Onlineshop, Nikolaus-Otto-Str. 100, 22946 Trittau, Germany
If you receive documents with the delivery in which an alternative address is given for returning goods in the event of cancellation, you may at your discretion also return the items to this other address instead of the address specified above.
The deadline for return is deemed to have been met if you dispatch the items within 14 days.
We will cover the cost of returning the items.
You will only have to cover any possible loss in value, if this devaluation can be traced back to unnecessary handling by you upon inspecting the item's condition, characteristics and functionality.
Section 10 Reservation of title
The shipped products will remain the property of Tamaris until complete payment has been received. Tamaris is entitled to withdraw from the contract and to demand return of the products in the event that the Customer is in default of payment for longer than ten days.
Section 11 Data protection
(1) In the fulfilment of contracts, Tamaris collects personal data relating to the Customer. In this respect Tamaris shall adhere to the provisions of the German Data Protection Act (BDSG) and all other relevant statutory provisions.
Section 12 Final provisions
(1) The laws of the Federal Republic of Germany with exclusion of the UN Convention on the International Sale of Goods (CISG) shall apply to all contracts between Tamaris and the Customer. This is without prejudice to the statutory provisions concerning restrictions on governing law and the applicability of mandatory regulations in the country in which the Customer has his/her common place of residence.
(2) The exclusive place of fulfilment for all disputes arising from the contractual relationship between Tamaris and the Customer shall be at the domicile of Tamaris, provided the Customer is a registered business, a legal person or a special fund under public law.
Section 13 Platform of the EU Commission for Online Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution, which can be accessed under the following link: www.ec.europa.eu/consumers/odr.
(2) This platform is a port of call for out-of-court settlements arising from online purchase or services contracts involving a consumer.
(3) We are not prepared or obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Version 10 January 2018