Terms of service
General Terms and Conditions
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
12. Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Rarehumansclothing Trade GmbH & Co. KG (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless something to the contrary is expressly provided.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. By placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods and/or services contained in the shopping cart by clicking the button "Order with obligation to pay."
2.3 The Seller may accept the Customer’s offer within five days by:
a) sending the Customer a written order confirmation or order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive; or
b) delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
c) requesting payment from the Customer after the Customer has submitted the order.
If multiple of the above alternatives occur, the contract is concluded at the moment the first of these alternatives takes place. The acceptance period begins on the day after the offer is sent by the Customer and expires at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) under the PayPal User Agreement accessible at [https://www.paypal.com/de/webapps/mpp/ua/useragreement-full](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, accessible at [https://www.paypal.com/de/webapps/mpp/ua/privacywax-full](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If the Customer pays via a PayPal method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after the order is placed, together with these GTC, in text form (e.g., e-mail, fax, or letter). In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account using their login data, provided the Customer created an account before placing their order.
2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the zoom function of the browser, which enlarges the screen display. The Customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button concluding the order process.
2.7 The contract may be concluded in the German language.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, if SPAM filters are used, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, transfer fees by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not to a country outside the European Union, but the Customer makes payment from a country outside the European Union.
4.3 The Customer has various payment options available, which are indicated at the beginning of the ordering process in the Seller’s online shop.
4.4 If advance payment is agreed upon, payment is due immediately after the contract is concluded.
4.5 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("SOFORT"). To pay via SOFORT, the Customer must have an online banking account enabled for participation in SOFORT, authenticate themselves during the payment process, and confirm the payment instruction to SOFORT. The transaction is executed immediately thereafter, and the Customer’s bank account is debited. Further information on the payment method SOFORT can be found at [https://www.klarna.com/sofort/](https://www.klarna.com/sofort/).
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for payment processing, which may be subject to special payment conditions to which the Customer may be separately referred. Further information on Shopify Payments is available at [https://www.shopify.com/legal/terms-payments-de](https://www.shopify.com/legal/terms-payments-de).
4.7 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers. If the Seller offers PayPal payment types involving Seller advance payment (e.g., invoice or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal. Before accepting the assignment declaration, PayPal or its commissioned provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. If approved, the Customer must pay the invoice amount within the agreed payment period or intervals and may discharge their obligation only to PayPal or its commissioned provider. The Seller remains responsible for general Customer inquiries regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations, and credits.
5. Delivery and Shipping Conditions
5.1 Delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during order processing is binding.
5.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment, unless the Customer is not responsible for the circumstance that prevented delivery or was temporarily prevented from accepting the service, unless the Seller had announced the service at a reasonable time in advance. Furthermore, the return shipping costs do not apply if the Customer exercises their right of withdrawal effectively. In the event of a valid withdrawal, return shipping costs are governed by the Seller’s withdrawal policy.
5.3 Self-collection is not possible for logistical reasons.
6. Retention of Title
If the Seller provides performance in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price and all associated costs and expenses.
7. Liability for Defects (Warranty)
Unless otherwise provided below, the provisions of statutory liability for defects apply. Deviating for contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
* the Seller has the choice of type of subsequent performance;
* for new goods, the limitation period for defect claims is one year from delivery of the goods;
* for used goods, defect claims are excluded;
* the limitation period does not restart if a replacement delivery is made in the course of liability for defects.
7.2 The above limitations of liability and time limits do not apply
* to claims for damages and reimbursement of expenses of the Customer,
* if the Seller has fraudulently concealed the defect,
* for goods used as intended in a building and causing its defectiveness,
* to any obligation of the Seller to provide updates for digital products, in contracts for goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.
7.4 If the contract is a business-to-business transaction under § 343 para. 2 AT-UGB, the Customer has a commercial duty to inspect and give notice of defects under § 377 AT-UGB. If the Customer fails to give notice, the goods are deemed approved.
7.5 If the Customer is a consumer, they are asked to report visible transport damage to the carrier and notify the Seller. Failure to do so has no effect on statutory or contractual defect claims.
8. Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and not purchasable by the Customer ("promotional vouchers") can only be redeemed in the Seller’s online shop and only during the specified promotional period.
8.2 Individual products may be excluded from the voucher promotion if the promotional voucher contains a corresponding restriction.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.
8.4 Multiple promotional vouchers may be redeemed in a single order.
8.5 The order value must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded.
8.6 If the value of the promotional voucher is insufficient to cover the order, the difference may be paid using another payment method offered by the Seller.
8.7 Neither cash payment nor interest is paid on any promotional voucher balance.
8.8 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the voucher under their right of withdrawal.
8.9 Promotional vouchers are intended for use by the person named on them. Transfer to third parties is excluded. The Seller is entitled but not obliged to verify the voucher holder’s entitlement.
9. Redemption of Gift Vouchers
9.1 Vouchers purchasable through the Seller’s online shop ("gift vouchers") can only be redeemed in the Seller’s online shop unless the voucher provides otherwise.
9.2 Gift vouchers and any remaining balance are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.
9.4 Multiple gift vouchers may be redeemed in a single order.
9.5 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, the difference may be paid using another payment method offered by the Seller.
9.7 Neither cash payment nor interest is paid on any gift voucher balance.
9.8 Gift vouchers are intended for use by the person named on them. Transfer to third parties is excluded. The Seller is entitled but not obliged to verify the voucher holder’s entitlement.
9.9 If the Customer returns goods paid for in whole or in part with a gift voucher under their right of withdrawal, the balance will be refunded as a gift voucher. If the purchased gift voucher is returned unused under the statutory withdrawal right, the purchase price of the gift voucher will be refunded.
10. Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11. Alternative Dispute Resolution
The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
© IT-Recht Kanzlei
Status: May 24, 2025, 17:06:21
Table of Contents
1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Redemption of Promotional Vouchers
9. Redemption of Gift Vouchers
10. Applicable Law
11. Alternative Dispute Resolution
12. Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Rarehumansclothing Trade GmbH & Co. KG (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless something to the contrary is expressly provided.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed in nature.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2. Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.
2.2 The Customer may submit the offer using the online order form integrated into the Seller’s online shop. By placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods and/or services contained in the shopping cart by clicking the button "Order with obligation to pay."
2.3 The Seller may accept the Customer’s offer within five days by:
a) sending the Customer a written order confirmation or order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Customer is decisive; or
b) delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or
c) requesting payment from the Customer after the Customer has submitted the order.
If multiple of the above alternatives occur, the contract is concluded at the moment the first of these alternatives takes place. The acceptance period begins on the day after the offer is sent by the Customer and expires at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) under the PayPal User Agreement accessible at [https://www.paypal.com/de/webapps/mpp/ua/useragreement-full](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or – if the Customer does not have a PayPal account – under the conditions for payments without a PayPal account, accessible at [https://www.paypal.com/de/webapps/mpp/ua/privacywax-full](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If the Customer pays via a PayPal method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.
2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after the order is placed, together with these GTC, in text form (e.g., e-mail, fax, or letter). In addition, the contract text is archived on the Seller’s website and can be accessed by the Customer free of charge via their password-protected customer account using their login data, provided the Customer created an account before placing their order.
2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical means for better recognizing input errors can be the zoom function of the browser, which enlarges the screen display. The Customer can correct their entries within the electronic ordering process as long as they use the usual keyboard and mouse functions until they click the button concluding the order process.
2.7 The contract may be concluded in the German language.
2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, if SPAM filters are used, the Customer must ensure that all e-mails sent by the Seller or third parties commissioned by the Seller for order processing can be delivered.
3. Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4. Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not the Seller’s responsibility and must be borne by the Customer. These include, for example, transfer fees by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not to a country outside the European Union, but the Customer makes payment from a country outside the European Union.
4.3 The Customer has various payment options available, which are indicated at the beginning of the ordering process in the Seller’s online shop.
4.4 If advance payment is agreed upon, payment is due immediately after the contract is concluded.
4.5 If the payment method "SOFORT" is selected, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich ("SOFORT"). To pay via SOFORT, the Customer must have an online banking account enabled for participation in SOFORT, authenticate themselves during the payment process, and confirm the payment instruction to SOFORT. The transaction is executed immediately thereafter, and the Customer’s bank account is debited. Further information on the payment method SOFORT can be found at [https://www.klarna.com/sofort/](https://www.klarna.com/sofort/).
4.6 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Seller’s online shop. Stripe may use additional payment services for payment processing, which may be subject to special payment conditions to which the Customer may be separately referred. Further information on Shopify Payments is available at [https://www.shopify.com/legal/terms-payments-de](https://www.shopify.com/legal/terms-payments-de).
4.7 If a payment method offered via the payment service "PayPal" is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers. If the Seller offers PayPal payment types involving Seller advance payment (e.g., invoice or installment payment), the Seller assigns its payment claim to PayPal or the payment service provider commissioned by PayPal. Before accepting the assignment declaration, PayPal or its commissioned provider carries out a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative credit check. If approved, the Customer must pay the invoice amount within the agreed payment period or intervals and may discharge their obligation only to PayPal or its commissioned provider. The Seller remains responsible for general Customer inquiries regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations, and credits.
5. Delivery and Shipping Conditions
5.1 Delivery of goods is made by shipping to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified during order processing is binding.
5.2 If the carrier returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs of the unsuccessful shipment, unless the Customer is not responsible for the circumstance that prevented delivery or was temporarily prevented from accepting the service, unless the Seller had announced the service at a reasonable time in advance. Furthermore, the return shipping costs do not apply if the Customer exercises their right of withdrawal effectively. In the event of a valid withdrawal, return shipping costs are governed by the Seller’s withdrawal policy.
5.3 Self-collection is not possible for logistical reasons.
6. Retention of Title
If the Seller provides performance in advance, ownership of the delivered goods remains with the Seller until full payment of the purchase price and all associated costs and expenses.
7. Liability for Defects (Warranty)
Unless otherwise provided below, the provisions of statutory liability for defects apply. Deviating for contracts for the delivery of goods:
7.1 If the Customer acts as an entrepreneur,
* the Seller has the choice of type of subsequent performance;
* for new goods, the limitation period for defect claims is one year from delivery of the goods;
* for used goods, defect claims are excluded;
* the limitation period does not restart if a replacement delivery is made in the course of liability for defects.
7.2 The above limitations of liability and time limits do not apply
* to claims for damages and reimbursement of expenses of the Customer,
* if the Seller has fraudulently concealed the defect,
* for goods used as intended in a building and causing its defectiveness,
* to any obligation of the Seller to provide updates for digital products, in contracts for goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any legal recourse claims remain unaffected.
7.4 If the contract is a business-to-business transaction under § 343 para. 2 AT-UGB, the Customer has a commercial duty to inspect and give notice of defects under § 377 AT-UGB. If the Customer fails to give notice, the goods are deemed approved.
7.5 If the Customer is a consumer, they are asked to report visible transport damage to the carrier and notify the Seller. Failure to do so has no effect on statutory or contractual defect claims.
8. Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specified validity period and not purchasable by the Customer ("promotional vouchers") can only be redeemed in the Seller’s online shop and only during the specified promotional period.
8.2 Individual products may be excluded from the voucher promotion if the promotional voucher contains a corresponding restriction.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.
8.4 Multiple promotional vouchers may be redeemed in a single order.
8.5 The order value must at least equal the amount of the promotional voucher. Any remaining balance will not be refunded.
8.6 If the value of the promotional voucher is insufficient to cover the order, the difference may be paid using another payment method offered by the Seller.
8.7 Neither cash payment nor interest is paid on any promotional voucher balance.
8.8 The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the voucher under their right of withdrawal.
8.9 Promotional vouchers are intended for use by the person named on them. Transfer to third parties is excluded. The Seller is entitled but not obliged to verify the voucher holder’s entitlement.
9. Redemption of Gift Vouchers
9.1 Vouchers purchasable through the Seller’s online shop ("gift vouchers") can only be redeemed in the Seller’s online shop unless the voucher provides otherwise.
9.2 Gift vouchers and any remaining balance are redeemable until the end of the third year after the year of purchase. Remaining balances will be credited to the Customer until the expiration date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent redemption is not possible.
9.4 Multiple gift vouchers may be redeemed in a single order.
9.5 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, the difference may be paid using another payment method offered by the Seller.
9.7 Neither cash payment nor interest is paid on any gift voucher balance.
9.8 Gift vouchers are intended for use by the person named on them. Transfer to third parties is excluded. The Seller is entitled but not obliged to verify the voucher holder’s entitlement.
9.9 If the Customer returns goods paid for in whole or in part with a gift voucher under their right of withdrawal, the balance will be refunded as a gift voucher. If the purchased gift voucher is returned unused under the statutory withdrawal right, the purchase price of the gift voucher will be refunded.
10. Applicable Law
The law of the Republic of Austria applies to all legal relationships between the parties, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11. Alternative Dispute Resolution
The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
© IT-Recht Kanzlei
Status: May 24, 2025, 17:06:21