refund policy

Different Fashion online shop

General Terms and Conditions of Sale of

DF Retail E-Commerce GmbH

(Schottweg 3, D-22087 Hamburg; Hamburg District Court HRB 146131)

§ 1 Scope

1. These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded via our online shop between us, DF Retail E-Commerce GmbH, and you as our customer. The T&Cs apply regardless of whether you are a consumer, entrepreneur or merchant.
2. All agreements made between you and us in connection with the purchase contract arise in particular from these terms and conditions of sale, our written order confirmation and our declaration of acceptance.
3. The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
4. We do not accept any deviating conditions from the customer. This also applies if we do not expressly object to their inclusion.

§ 2 Conclusion of Contract

1. The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
2. By submitting an order via the online shop by clicking on the "Complete Order" button, you are placing a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to cancel your order, if applicable, under Section 3, remains unaffected by this.
3. We will immediately confirm receipt of your order placed via our online shop by email. Such an email does not constitute a binding acceptance of the order unless it also declares acceptance in addition to confirmation of receipt.
4. A contract is only concluded when we accept your order by a declaration of acceptance or by delivering the ordered items.
5. We can only accept orders for deliveries abroad if the order value is above a certain minimum. You can find the minimum order value in the price information provided in our online shop.
6. If the delivery of the goods you have ordered is not possible, for example because the goods in question are not in stock, we will refrain from accepting the order. In this case, no contract will be concluded. We will inform you of this immediately and refund any consideration already received without delay.

§ 3 Transfer of Risk

The risk of accidental loss or deterioration of the products you have purchased passes to you as the buyer as soon as the seller or a person designated for shipping has handed over or delivered the goods to you, the customer.

§ 4 Right of Withdrawal

1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
2. If you as a consumer make use of your right of withdrawal in accordance with section 1, you will have to bear the regular costs of return, unless we have offered you otherwise in the price information.
3. In all other respects, the provisions of the following cancellation policy apply to the right of cancellation

You have the right to withdraw your contractual declaration within the withdrawal period without giving any reason. The withdrawal 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 shipment or the last item of the goods.

To exercise your right of withdrawal, you must inform us, DF Retail E-Commerce GmbH, Schottweg 3, D-22087 Hamburg, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

A declaration of cancellation by post should be sent to the following address: DF Retail E-Commerce GmbH, Schottweg 3, D-22087Hamburg. A declaration of cancellation by email should be sent to the following email address: returns@different-fashion.com . In any case, you will bear the direct costs for sending the declaration of cancellation (if separate costs are incurred for this). (For the possibility of a free return, please see the section " Additional right of return" below.)

To exercise your right of withdrawal, you may use and submit the model withdrawal form, although this is not mandatory.

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

4. The right of withdrawal does not apply to distance contracts

• (a) for the supply of goods which have been manufactured according to customer specifications or which are clearly tailored to personal needs or which, due to their nature, are not suitable for return or may spoil quickly or whose expiry date would be exceeded,
• (b) for the delivery of audio or video recordings or software, provided that you have unsealed the data carriers supplied.

consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery 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 something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us, DF Retail E-Commerce GmbH, or to (if applicable, the name and address of the person authorized by you to receive the goods must be inserted here) 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 the goods before the expiry of the fourteen-day period.

You will bear the direct cost of returning the goods.

sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

• To [here the entrepreneur must insert the name, address and, if applicable, the fax number and email address of the entrepreneur]:
• I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
• Goods (*)/ the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of the consumer(s)
• address of the consumer(s)
• Signature of the consumer(s) (only if notification is on paper)
• Date

(*) Delete as appropriate

- End of the cancellation policy-

Additional right of return

Without prejudice to your right to withdraw your purchase, you may return any goods purchased on the Different Fashion website within 14 days of receipt for a refund if for any reason you are not completely satisfied with your purchase on the Different Fashion website.

To return goods purchased under this additional right of return, you must click on the "Returns" menu item on our website. Below you will find detailed instructions on how to create a return label, etc. After creating the return label, pack the goods and enclose the completed return form that was included in the package with the ordered goods. Then stick the return label on the package and send it to us.

§ 5 Delivery conditions and reservation of advance payment

1. We are entitled to make partial deliveries as long as this is reasonable for you.
2. The delivery period for goods in stock within Germany is approximately five (5) working days, unless otherwise agreed. Deliveries abroad may take longer under certain circumstances.
3. The period begins with payment of the purchase price and shipping costs

1. All prices in our online shop are gross prices including statutory sales tax and are exclusive of any shipping costs.
2. The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
3. If we fulfill your order by partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
4. If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the statutory conditions, request reimbursement of costs already paid for delivery to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).

1. You can pay via PayPal or by credit card (Mastercard, Visa).
2. If you choose PayPal as your payment option, you are obliged to pay the corresponding purchase price immediately after the contract has been concluded. If you choose to pay by credit card, your account will be debited before the ordered goods are delivered.
3. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
4. As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 8 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

§ 10 Liability

1. We shall be liable to you in all cases of contractual and non-contractual breach of duty in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
2. In other cases, unless otherwise provided in paragraph 3, we are only liable for breach of a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
3. Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

§ 11 Copyrights

We own the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
2. If you are a merchant and are based in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions apply to local and international jurisdiction.
3. Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13 Severability Clause

If any provision in these Terms and Conditions is found to be invalid, void or otherwise unenforceable, that provision will be deemed severable from the remaining provisions and will not affect the enforceability of the remaining provisions of these Terms and Conditions. The unlawful, void or for any reason unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the economic intent of the unlawful, void or for any reason unenforceable provision.

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