General Online Terms and Conditions
of CLOSED Direct GmbH
1. General provisions and contractual partners
1.1 The CLOSED Online Shop is operated by CLOSED Direct GmbH, Strassenbahnring 6, 20251 Hamburg, Germany, a company entered into the register of companies with Hamburg’s district court under HRB56292, managing directors: Gordon Giers, Til Nadler, Hans Redlefsen.
1.2 All agreements made via the CLOSED Online Shop are governed exclusively by these General Terms and Conditions (hereinafter General Terms and Conditions) of CLOSED Direct GmbH (hereinafter CLOSED), as amended as of the time of execution. Throughout the ordering process, the customer has the option to view, print and save the General Terms and Conditions. By using the CLOSED Online Shop and/or finalizing the order, the customer accepts the General Terms and Conditions.
1.3 We hereby object to any deviating or supplementary terms on the customer’s side; such terms are neither recognized nor incorporated herein unless we specifically agreed to the customer’s deviating terms in writing.
1.4 The goods available in the CLOSED Online Shop are geared exclusively to consumers who are at least 18 years old. According to the pertinent legal provisions (§ 13 of the German Civil Code (BGB)), a consumer is any individual entering into a legal transaction for purposes mostly connected to neither their commercial nor independent professional activities. Goods are only sold in quantities common to the trade.
1.5 Please take note of the following provisions regarding the use of the CLOSED Online Shop:
1.5.1 Your Account
Before you can make use of certain services associated with the site, you may create an account. You agree and warrant that all information you provide to us through this site, including but not limited to contact information and other registration information for your account, is truthful and accurate.
You agree to accept responsibility for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your account or password, either with or without your knowledge.
1.5.2 Permitted Use
This site is intended to provide information and services for your personal use. We grant you a limited, nonexclusive, revocable license to make personal and non-commercial use of the site. This license does not include the right to modify, reproduce, copy, or resell any of the content of the site; to bypass any technical measures used to prevent or restrict access to any portion of the site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; to violate or attempt to violate the security of the site; or to interfere with or attempt to interfere with the proper working of the site.
You agree to use this site only for lawful purposes and in accordance with these Terms. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time. We reserve the right, in our sole discretion, to refuse service to anyone and to block or prevent your future access to and use of this site.
1.5.3 Trademarks and Copyrights
The trademarks, trade dress, logos, and service marks displayed on this site are owned by CLOSED or third parties. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.
All content on the site, including without limitation text, photographs, graphics, layout, and design, is owned by CLOSED, or we have been granted permission to use the content. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any copyrighted material on the site. Notwithstanding the foregoing, you may download a single copy of the content on the site for your personal, noncommercial use, provided all copyright and other proprietary notices are kept intact and provided that you do not modify the content in any manner.
1.5.4 Product Descriptions
CLOSED attempts to be as accurate as possible. However, CLOSED does not warrant that product descriptions or other content of any CLOSED service is accurate, complete, reliable, current, or error-free. If a product offered by CLOSED itself is not as described, your sole remedy is to return it in unused condition.
2. Offers and closings
2.1 The languages available for closings are English, German, and French.
2.2 The manner in which products in the CLOSED Online Shop are represented does not amount to a legally binding offer; instead, it is merely a non-binding online catalog calling on customers to make an offer for entering into a purchase agreement for the goods so presented. CLOSED notes that the colors of the product images found in the online shop may deviate from the actual colors of goods supplied due to the screen settings on customers’ computers.
2.3 In the CLOSED Online Shop, customers may choose all available goods displayed and add them to the shopping cart in the desired size and number. After customers have added goods to their personal shopping carts, they may review the accuracy of their orders as well as make changes to and remove goods at any time.
2.4 In order to complete the order, customers may follow the ordering process from the shopping cart, during which they choose whether to place an order as a registered customer or as a guest. Once the ordering process has been completed and the desired shipping and payment modes have been selected, customers may review – and, if necessary, correct – the details of their online purchase in the CLOSED Online Shop on the “Order Overview” page.
2.5 Once customers have submitted an offer to purchase, they receive an order confirmation by email, which is how CLOSED informs them that the order was properly transmitted. However, this does not yet constitute its acceptance of the offer, and no closing is effected thereby. Instead a purchase agreement does not come into force until CLOSED follows up the order with another email to the customer, in which it confirms the goods’ shipment, or simply ships the goods. Such shipping confirmation or shipment denotes the effective execution of the purchase agreement.
2.6 In the event that the customer’s order encompasses several articles, the purchase agreement comes into force only with respect to the goods specifically included with or listed in the shipping confirmation, to the exclusion of any other products. This may also concern goods that, while formerly listed and available in the CLOSED Online Shop, cannot be shipped at the time of the order.
2.7 Whether an order is accepted is a decision CLOSED makes in its sole discretion. Insofar as CLOSED cannot fill an online order, the customer immediately receives an email message to that effect, provided that the email contact information provided by the customer is correct.
3. Availability, delivery and shipment
3.1 Within the US, shipments are handled via DHL Express.
3.2 Unless otherwise agreed, shipments are made to the delivery address provided by the customer in accordance with the provisions under 5 within two to five business days, depending on the destination country. If the customer orders several products as part of a single order, and the products are subject to different delivery periods, the goods are bundled in the same shipment unless otherwise agreed. In this case, the shipment is subject to the longest delivery period that applies to any of the products comprising the order.
The delivery period for the shipment commences on the day following the submission of the payment order to the transferring credit institution in cases of advance payments, and for other modes of payment on the day following the closing; the delivery period ends upon the lapse of its last day. If the last day of the period coincides with a Sunday or a general state holiday observed at the place of delivery, the next business day takes the place thereof.
3.3 Costs resulting from a wrong address provided by the customer may be passed on to the customer, and CLOSED bears no liability for possible delays or other disadvantages accruing to the customer on account of wrong addresses.
3.4 CLOSED is entitled to effect partial delivery. The customer will not incur shipping costs for any partial or subsequent delivery.
3.5 All purchases of physical items from CLOSED are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
4. Rates, payments
4.1 The rates provided at the time of the order apply. Shipping costs are calculated separately.
4.2 The customer bears any and all costs incurred additionally, such as import sales tax or duties. Customers will be informed of all such costs before completing the transaction (the costs are calculated by our Service Provider, AVALARA, Inc., 255 S. Kind St. Suite 1800, Seattle, WA 98104, United States of America). All payments as well as credits are processed and applied in the currency underlying the purchase.
4.3 The CLOSED Online Shop accepts the following payment methods:
- Credit Cards (VISA, Mastercard, American Express)
4.3.1 Credit cards
Using this type of payment, the amount in question is “reserved” on the customer’s credit card at the time of the online purchase. The credit card is then debited concurrently with the creation of the shipment confirmation by email. CLOSED will credit the customer’s credit-card account with any claim for a refund within 14 days.
Using this type of payment, customers are transferred to the PayPal page after they click to confirm. Once payment has been transacted via their PayPal accounts, they are asked to complete the purchase in the online shop. Customers receive separate confirmation emails from the online shop and PayPal. CLOSED will credit the customer’s PayPal account with any claim for a refund.
5. Shipping costs
Orders placed in the CLOSED Online Shop entail shipping costs, which are borne by the customer. The amount of shipping costs so incurred depends on the destination country and is set forth in the below table. Shipping costs are displayed and invoiced as part of the order.
|Destination||Shipment type||Cost||Delivery time|
|United States||DHL Express||20 USD||1 – 5 business days|
6. Cancellation policy
You are entitled to rescind this contract within fourteen (14) days without the need to state a reason. The revocation period equals 14 days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you must notify us of your decision to revoke this agreement by means of an unequivocal declaration (e.g., by letter, facsimile or email) addressed to:
Closed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Tel.: 00800 999 888 11 (free of charge in any network)Fax: 0049 40 73 350 073Email: firstname.lastname@example.org
You may use the attached sample declaration of revocation but are not obligated to do so. To meet the applicable deadline for revocation, it suffices for you to dispatch the notice concerning your exercise of the right of revocation prior to the lapse of the revocation period.
Consequences of revocation
If you revoke this agreement, we must refund to you all payments we have received from you, including shipment costs (save for additional costs associated with your choice of a shipment method other than the most affordable standard shipment method we proposed), without undue delay but in any case within 14 days from the day on which we received your notice concerning the rescission of the agreement in question. Such refund is effected using the same type of payment you used in the original transaction unless specifically agreed otherwise; under no circumstances will you be charged for fees on the basis of such refund. We may refuse to provide a refund until the goods were returned to us or you have furnished evidence to the effect that the goods were sent back, whichever occurs sooner. You must return or deliver the goods to us promptly but in any case within 14 days from the date on which you notify us of the rescission of the agreement in question, and such deadline is deemed to have been met so long as you dispatch the goods within the 14-day period. We bear the cost of return shipment, and you must pay for any loss in value of the goods only if and to the extent that such loss is the result of the goods having been handled to a degree not justified by the need to check condition, quality and functionality.
Sample Declaration of Revocation
ToClosed Direct GmbHc/o Fuljoyment AGHeinrich-Seidel-Str. 519071 BrüsewitzGermany
Fax: 0049 40 73 350 073Email: email@example.com
I/we* hereby rescind the agreement into which we entered for the purchase of the following goods* / the performance of the following service*
Ordered on* / received on*
Name(s) of consumer(s)
Address(es) of consumer(s)
Signature(s) of consumer(s) (only if communicated on paper)
Date*Mark as appropriate
6.1 In deviation from the pertinent legal provision, we regard returns of goods within the revocation period as a declaration of revocation even if they are not accompanied by a notice to that effect, and the aforementioned consequences of revocation will arise accordingly.
6.2 The customer is obligated to effect the goods’ return from the destination country to which they were delivered.
7. Retention of title, set-off, right of retention
7.1 Until the goods are fully paid for, they remain the property of CLOSED.
7.2 The customer has a right of set-off only with respect to counter-claims that have been effectively established, are undisputed or have been recognized by CLOSED.
7.3 The customer may exercise a right of retention only if and to the extent that his or her claims against CLOSED and such claims as CLOSED may hold against the customer stem from the same contractual relationship.
OUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED ON AN „AS IS“ AND „AS AVAILABLE“ BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, CLOSED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CLOSED DOES NOT WARRANT THAT THE CLOSED SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CLOSED SERVICES, CLOSED ‚S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CLOSED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CLOSED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CLOSED SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CLOSED SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
10. Choice of law and legal venue
10.1 All disputes arising from or in connection with the purchase agreement are exclusively subject to German law. The United Nations Convention on Contracts for the International Sale of Goods and the consumer-protection regulations of the European Union and Germany do not apply, including but not limited to Division 3 (“Contractual obligations”), Subtitle 2 (“Scope of application and principles applying to consumer contracts”) and Section 475 (“Deviating agreements” of the German Civil Code.
10.2 Customers that are businesses or lack a general jurisdiction in Germany agree that Hamburg will serve as the legal venue for any and all disputes arising from the agreements entered into with CLOSED.
10.3 We are neither obligated nor willing to participate in arbitration proceedings before a consumer conciliation board.