General Terms and Conditions Windsor Online Shop for Belgium and the Netherlands 

1. Scope and definitions

1.1 For the business relationship between Lenox AG, Sonnenwiesenstrasse 21, CH-8280 Kreuzlingen ("we" or "us") and the customer in connection with the Windsor Online Shop at the URL www.windsor.de/eu/en/ ("Online Shop"), the following General Terms and Conditions ("GTC") shall apply exclusively in the version valid at the time of the respective order.

1.2 Deviating or supplementary terms and conditions of the customer shall not be recognized unless we expressly agree in writing to their validity in individual cases. Individual agreements in individual cases shall always take precedence.

1.3 The online shop is aimed exclusively at customers who are nationals of or resident in a member state of the European Union and who have both a delivery address and an invoice address in Belgium or the Netherlands (with exception of the Dutch Caribbean) and who are end consumers within the meaning of the statutory provisions, i.e. natural persons who conclude a legal transaction for a purpose that can be attributed neither to commercial nor independent professional activity. The online shop is not intended for persons under the age of 18.

2. Conclusion of the contract, product presentation 

2.1 The presentation of the product range in the online shop does not constitute a legally binding offer, but rather an invitation to the customer to submit his own offer to conclude a purchase contract. We draw your attention to the fact that the coloring of the products may differ from the presentation in the online shop.

2.2 Your order is placed by putting the selected products in the Windsor shopping cart and sending the order by pressing the "BUY NOW" button. By sending the order, you make a binding offer to conclude a purchase contract for the products in the Windsor shopping cart. Before sending the order form, you can check your selection and details and correct input errors.

2.3 You will then receive a confirmation of receipt by e-mail confirming receipt of the order ("Confirmation of Receipt"). This acknowledgement of receipt merely documents that your order has been received by us and does not constitute an acceptance of your contractual offer.

2.4 The contract will not come into effect until we have sent you either a separate declaration of acceptance by e-mail ("Purchase Confirmation") or a shipping confirmation of the goods ordered by you within five days of placing your order. No contract will be concluded for ordered products that are not listed in the purchase confirmation or the shipping notification. This may also apply to products that are offered in the online shop, but are, for example, not available upon receipt of your order. 

2.5 Your contractual partner is Lenox AG.

3. Prices, payment, offsetting, right of retention and retention of title

3.1 All prices quoted in our online shop are in Euro and include the applicable statutory sales tax. The prices of the products shall be based on the prices quoted at the time of the order.

3.2 The shipping costs to be borne by you are indicated in the Windsor shopping cart before your order is shipped. General information about shipping costs can be found here.

3.3 Payment for orders in the online shop can only be made in advance (by bank transfer).  

3.4 The payment of the purchase price is due immediately after conclusion of the contract. If payment is not received within 14 days of the due date, default will occur. 

3.5 Delivery of the ordered goods shall only take place after the full invoice amount has been credited to the account designated by us. This payment must be made within 7 working days after sending of the purchase confirmation. The purchase confirmation is conditional in this respect, i.e. the purchase contract and the obligation to deliver shall lapse if payment is not received in due time. Amounts received late are a further offer to conclude the contract and can be accepted by us as described in section 2.4. If no acceptance is made, the amount will be refunded immediately and the order is void.

3.6 You shall only be entitled to a right of set-off, if your counterclaims have been legally established or are undisputed or have been recognized by us.

3.7 You may only exercise a right of retention, if your claims against us and our claims against you result from the same contractual relationship.

3.8 Until payment has been made in full, title to the delivered goods shall remain reserved.

4. Delivery

4.1 Unless otherwise agreed, the goods shall be shipped to the delivery address specified in the order by means of the shipping method selected by you. Partial deliveries are permissible within the scope of what is tolerable for you. In the case of partial deliveries, we will point this out in the confirmation of shipment. 

4.2 The shipment takes place by DHL standard shipment. Unless otherwise stated, the goods are received by the customer approximately 1-3 days after placing an order, respectively receipt of the payment in advance.

4.3 Disruptions for which we are not responsible at our company or at companies commissioned by us (e.g. logistics companies to process the contract) as well as force majeure may further delay delivery. We will inform you without undue delay of such delays in delivery as soon as they become known to us. We will inform you of a new delivery period which is reasonable under the respective circumstances. If the goods are after expiration of the new delivery period still not available due to circumstances for which we are not responsible, we may withdraw from the contract in whole or in part. If acceptance of the goods is unreasonable for you as a result of the delay, you may withdraw from the contract. In this respect, we ask you to notify us at least in text form (such as e-mail). Any payment already made will be refunded without undue delay. Your possible further legal rights remain in any case unaffected.

5. Use promotional vouchers

5.1 Promotional vouchers are vouchers that we issue for advertising events with a certain validity period. These cannot be purchased by you.

5.2 Please note that the following conditions apply to promotional vouchers as well as the conditions stated on each promotional voucher. 

5.3 In order to be able to use promotional vouchers, a customer account must be opened. 

5.4 If the promotional voucher provides for a minimum purchase or minimum order value, the voucher value is a discount on the actual, final purchase price. Therefore, precondition for granting the discount is that the respective value is actually reached by the respective purchase. Returns due to the use of the right of withdrawal and other returns made by the customer and accepted by us will be taken into account, i.e. the value of the returned goods will be deducted from the original order value. If the value falls below the minimum order value, an already added value of the voucher will be offset against any amount to be refunded and deducted from this amount.  

5.5 Promotional vouchers are only valid for the specified period and can only be used once as part of an order process. Promotional vouchers cannot be combined with each other (also not with different promotional vouchers). 

5.6 Promotional vouchers can only be used after a customer account has been opened prior to the completion of the order process.  A later use of it or the offsetting of its value is not possible. The value of the voucher will neither be paid out in cash nor will interest be charged on it. Any remaining credit will not be refunded.

5.7 If the order amount exceeds the value of a promotional voucher, the difference can be paid using the payment methods offered. 

5.8 If promotional vouchers are issued without consideration in advertising campaigns, they will not be refunded in the case of (also partial) returns of goods in accordance with section 6.

6. Statutory right of withdrawal for consumers, return costs when exercising the right of withdrawal, our windsor. right of return

Below - in section 6.1 - you will find the instruction on the statutory right of withdrawal for consumers. Please also note the provision in Section 6.2.

Beside and completely independently of this legal right of withdrawal we grant you as a special service a contractual right of return of the products acquired in the online shop. This right exists for 30 days from the day you have received the goods and otherwise corresponds to the statutory right of withdrawal. Therefore the representation in section 6.1 and the agreement in section 6.2 apply accordingly for this further, contractual right of return. You have more time to return the goods - 30 days from the day you have received the goods. 

6.1 Cancellation Policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without stating reasons, the period of withdrawal being fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the last goods. In order to exercise your right of withdrawal, you must notify us (windsor. Online Shop C/O PVS Logistikzentrum Werner-Haas-Str. 5, 74172 Neckarsulm, Tel. No. 00800-31131133, e-mail: service.eu@windsor.de) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use this sample withdrawal form, which is not mandatory. You may complete and submit the Model Withdrawal Form or another unambiguous statement. In order to comply with the withdrawal period, it is sufficient for you to send the notification of exercising the right of withdrawal before the expiry of the withdrawal period.

 

6.2 Consequences of a withdrawal

If you withdraw from the Contract, we shall reimburse you without undue delay and no later than fourteen days from the date on which we receive notice of your withdrawal from this Contract for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). For such repayment we will use the same means of payment as you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for such repayment. We may refuse to refund until we have received the Goods back or until you have proved that you have returned the Goods, whichever is earlier. You must return the goods to us without undue delay and in any event at the latest within fourteen days of the day on which you notify us of your withdrawal from this Agreement (windsor. Online Shop C/O PVS Logistikzentrum Werner-Haas-Str. 5, 74172 Neckarsulm, Germany). The deadline is met if you send the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods. You only have to pay for a possible loss in value of the goods if this loss in value is due to a handling of the goods that is not necessary for checking their nature, characteristics and functionality.

6.3 Exclusion of the right of withdrawal

The right of withdrawal does not apply to the delivery of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which are not suitable for return due to their nature.

End of the information on withdrawal

7. Warranty

7.1 We shall be liable for defects in accordance with the applicable statutory provisions.

7.2 We usually do not give guarantees. A guarantee with regard to the goods delivered by us shall therefore only exist if it has been expressly given, e.g. in the confirmation of purchase for the respective article.

7.3 Usual or unavoidable material-related deviations in the quality, color, size, execution and design of the goods are generally irrelevant. Warranty claims do not usually arise in this respect. However, you are at liberty to prove that such deviations are considerable. 

8. Liability

We shall be liable for damages – on whatever legal ground and including liability for legal representatives or vicarious agents – in the event of willful intent and gross negligence as well as for damages resulting from injury to life, body or health. All other damages are excluded to the maximum allowed by the applicable law.

9. Data protection

The following provisions of this section 9 shall only apply if corresponding consents have been given.

9.1 Preference Center

I agree that the information I provide in the Preference Center are collected, processed and used for the purposes of personal consultation, customer service and the personalization of advertisements and are brought together with the tracking data of the newsletter if I have provided a separate consent to their collection. For example, the place of residence is used to send invitations to certain store events. Age, gender, time of purchase and purchase history (items, number, size, color, price, order number, exchange, return, place of purchase) are analyzed to enable personalized product recommendations. The personalized product recommendations are made by e-mail, SMS/MMS, if you have given your separate consent, by placement of advertising, in the store or by print advertising. 

9.2 Newsletter

a) I agree that my e-mail address may be used by Strellson AG and its affiliated companies Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl to send me advertising and information via e-mail in connection with products, offers and services of this group of companies, such as newsletters, event invitations, promotional communications and product promotions.

I may revoke this consent at any time by sending an e-mail to unsubscribe@windsor.de.

b) I consent to the collection, processing and use of tracking data from the newsletter for the purposes of personal consultation, customer service and personalization of advertising by Strellson AG and by Strellson AG's affiliated companies Strellson GmbH, Windsor Damen- und Herrenbekleidung GmbH, Lenox AG, HF Retail GmbH, Lenox BV, Strellson France Sarl. Information about the newsletter is collected (name of the newsletter, category of the newsletter, time of dispatch, opening time) and when I clicked on which link within the newsletter. 

I may revoke this consent at any time by sending an e-mail to unsubscribe@windsor.de.

9.3 Revocation

I may revoke the aforementioned consents of sections 9.1. to 9.2. at any time and free of form with effect for the future, for example by sending an e-mail to unsubscribe@windsor.de. However, the further use of the website may then no longer be possible. 

9.4 You can find our data protection declaration, which in particular contains further information on your rights, here.

10. Final provisions

10.1 Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid provision, the relevant statutory provisions shall apply. This applies accordingly to the filling of any gaps in these General Terms and Conditions.

10.2 These GTC and the contractual relationship with you are governed by the laws of Switzerland without reference to its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods shall be excluded. However, statutory provisions limiting the choice of law shall remain unaffected. In particular, as the law of the country in which you have your domicile at the time of conclusion of the contract (hereinafter referred to as the "law in the country of domicile") contains provisions for your protection, from which the law in the country of domicile may not be deviated by agreement, the (more favorable) provisions of the law of the country of domicile shall apply. You therefore enjoy the protection of the mandatory provisions of the law in the country of domicile in spite of the choice of law pursuant to sentence 1 of this clause 10.2.

10.3 The contract shall be concluded in the English language, even if these GTC are offered in other languages as well as in the English language. The general terms and conditions and the contract text shall not be stored separately by us upon conclusion of the contract. 

10.4 The European Commission provides under the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage 

a platform for online dispute resolution in consumer matters. There is no obligation to take part in any dispute resolution proceedings before a consumer arbitration body and we do not take part in such proceedings.

11. Service

Customer satisfaction is of great importance to us. We therefore endeavor to examine your request as quickly as possible and will contact you after we have received the documents or your input or complaint. In the event of service enquiries or complaints, you can contact us by telephone at 00800-31131133, by e-mail at service.eu@windsor.de or by regular mail at the address provided in section 6.1.

 

Last update: November 18, 2019