GENERAL TERMS AND CONDITIONS OF
Welcome to DA'QORD!
(1) The general terms and conditions (hereinafter referred to as "GTC") regulate the sale of products by huk Up! GmbH, Heilbronner Straße 150, 70191 Stuttgart (hereinafter referred to as supplier) to you (hereinafter referred to as purchaser), in the version valid at the time of the order.
(2) Deviating regulations of the customer are rejected. Unless the supplier has confirmed this in writing. Individual agreements between the provider and the purchaser always have priority.
(3) Please read these conditions carefully before placing an order with huk Up! By placing an order with huk Up! ltd. you agree to the application of these terms of sale to your order.
(4) On www.daqord.com we offer you the purchase of the following products: New goods from the field of fashion, fashion-tech and accessories
- 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German or English.
(2) The offers are at the present time exclusively directed at end customers with an invoice and delivery address in:
countries of the European Union. Worldwide on request.
(3) The purchaser should have reached the age of 18. If you are under 18, the contract concluded shall be deemed to be effective from the outset without the consent of your legal representative in accordance with § 110 of the German Civil Code (BGB) if you effect the contractual performance using means which have been made available to you for this purpose or at your free disposal by your representative or, with his consent, by a third party.
(4) The presentation of the products in the online shop does not constitute a legally effective offer. By presenting the products, the customer is merely requested to make an offer.
(5) Your order represents an offer to www.daqord.com to conclude a sales contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information required there and clicks on the button "buy" or "order subject to payment" in the last step of the order.
(6) The contract of sale between the provider and the customer is only concluded through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending of the goods or sending of a dispatch confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation of the supplier. This applies both to the number of products ordered in one order and to the placing of several orders for the same product, where the individual orders cover a household quantity.
(8) Your orders are stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you in the dispatch confirmation for each delivery whether an electronic invoice is available.
(10) You are entitled to revoke the offer in accordance with the revocation and return policy, which you will be informed of on our website when placing your order, and to return the goods.
(11) If you conclude an order using the English language settings, the English translation and version of the GTCs shall apply.
- 3 Prices and shipping costs
(1) Our prices include the statutory value-added tax applicable at the time and do not include a flat-rate delivery charge or delivery surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the article. See www.daqord.com/versandkosten.
(2) Despite our best efforts, a small number of the products in our catalogue may be listed at the wrong price. We check the prices when we process your order and before we charge the payment. If a product is marked with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask you whether you wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have indicated, we will charge the lower amount and send you the product.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
- 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. We would like to point out that all information regarding availability, dispatch or delivery of a product are only approximate indications and approximate guidelines. They do not represent binding or guaranteed dispatch or delivery dates.
(2) If www.daqord.com determines during the processing of your order that products ordered by you are not available or deliverable, you will be informed separately by e-mail or by a message in your customer account. In this case we reserve the right to withdraw from the contract. In the event of withdrawal, we will immediately refund the customer for any payments made to us.
(3) Unless expressly agreed otherwise, we shall determine the mode of dispatch and the transport company at our reasonable discretion. We only owe the timely and proper delivery of the goods to the transport company and are therefore not responsible for delays caused by the transport company.
(4) The delivery is made according to the customer's method of payment. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting bank. In case of payment by Paypal, credit card, gift card, direct debit, immediate bank transfer or invoice, delivery shall be effected after conclusion of the contract.
(5) If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address given by him, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(6) The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods or if the customer is in default of acceptance. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the customer upon delivery of the goods to the forwarding agent, the carrier or any other person designated to carry out the shipment.
(7) If the supplier incurs additional shipping costs due to the provision of an incorrect delivery address, an incorrect addressee or the impossibility of delivering the goods, these costs are to be reimbursed by the customer, unless the customer is not responsible for the incorrect information or he was temporarily prevented from accepting the service, unless the supplier had announced the service to the customer a reasonable time in advance.
(8) The supplier reserves the right to make a partial delivery, provided that this appears advantageous for a speedy processing and the partial delivery is not unreasonable for the customer in exceptional cases. Additional costs arising from partial deliveries will not be charged to the Customer.
(9) The supplier reserves the right to release himself from the obligation to fulfil the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is wholly or partially omitted. This reservation of self-supply shall only apply if the supplier is not responsible for the failure to deliver. The Supplier is not responsible for the failure to deliver if a so-called congruent hedging transaction has been concluded with the Supplier in good time to fulfil the contractual obligations. If the goods are not delivered, the supplier will inform the customer immediately about this circumstance and refund a purchase price already paid as well as shipping costs.
(10) huk Up! ltd. shall not bear the return costs for orders that contain sales items or discount codes of promotion periods. In this respect the customer is responsible for the return obligations for orders of sales articles. Customs duties and direct costs for the return of the goods shall be borne by the customer. All promotions or discount campaigns are valid while stocks last. If products ordered with a discount are no longer available, we reserve the right to cancel the order and refund any outstanding amounts.
(1) If you order products from www.daqord.com for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information.
(2) Please also note that when ordering from www.daqord.com you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to point out to our international customers that cross-border deliveries are subject to opening and investigation by customs authorities. For further information please read our customs information.
(1) The customer can pay for the goods as desired using the payment methods indicated during the ordering process.
(2) Payment of the purchase price is due immediately upon conclusion of the contract.
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) Should the customer choose an online payment method, the customer authorises the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the provider's account within three calendar days of receipt of the order. The Supplier reserves the goods accordingly for three calendar days.
(6) Should the Supplier offer payment by credit card and the Customer choose this method of payment, the Customer expressly authorises the Supplier to collect the amounts due after dispatch of the partial deliveries or deliveries of goods.
(7) Should the Provider offer payment by direct debit and the Customer choose this method of payment, the Customer shall issue the Provider with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account details, the Customer shall bear the costs for this. In the case of a return debit note for which the customer is responsible huk Up! huk Up! GmbH will charge a lump-sum compensation of 5 € (five euros). The orderer can prove that no damage at all has occurred or that it is considerably lower than the lump sum. The above regulations apply accordingly to payments of the purchase price of goods sold by third parties.
(8) Should the customer be in default of payment, the provider may claim damages in accordance with the statutory provisions and / or withdraw from the contract.
- 7 Set-off and right of retention
(1) The customer is only entitled to offsetting if the customer's counterclaim has been legally established or is not disputed by the provider.
(2) The customer may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
The delivered goods shall remain the property of huk Up! ltd. until the fulfilment of all claims arising from the contract; in the case that the customer is a legal person under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond this from the current business relationship until the settlement of all claims to which the supplier is entitled in connection with the contract.
9 Warranty (transport damage and right of defects)
(1) Should the customer receive the goods with obvious transport damage, the supplier shall request the customer to make a complaint as soon as possible.
(2) Should the customer fail to lodge a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the Provider to assert his own claims against the carrier.
(3) If the customer is a consumer, the statutory rights to liability for defects shall otherwise apply.
(4) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
- 10 Limitation of liability (products)
(1) The provider is liable for claims for damages of the customer arising from injury to life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on contract-typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer which are based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) As far as the liability of www.daqord.com is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
- 11 Cancellation- / Return policy
(1) If you are a consumer as the purchaser, you have a right of revocation in accordance with the following provisions:
(2) Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods.
To exercise your right of withdrawal, you must give us:
huk Up! Ltd.
Heilbronner Strasse 15070191
E-mail: email@example.com, firstname.lastname@example.org.
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You can use the sample cancellation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period and that you have returned the goods to us within the period defined below.
(3) Consequences of revocation
If you cancel this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and no later than 14 days from the date on which we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged 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 the goods without delay and in any event no later than 14 days from the day on which you inform us of the revocation of this contract to
DA'QORD c/o Toker Trading GmbH
to return or hand over. The deadline is deemed to have been met if you send the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for checking their nature, properties and functioning.
If you want to cancel the contract, please fill out this form and send it back to us. Order number, name, order date and e-mail are mandatory fields*. This will enable us to find your order and process your refund. You will find this information in the shipping confirmation email that was sent to you.
DA'QORD c/o Toker Trading GmbH
I hereby revoke the contract I have concluded for the purchase of the following goods.
Name, first name: __________________________________________
Order date: __________________________________________
cancellation form: Please fill in the requested information so that we can process and refund your return correctly and quickly.
- 12 Exclusion of the right of revocation
The right of revocation is excluded for consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address is outside the European Union at the time of conclusion of the contract.
- 13 Data protection / Data privacy
(1) Insofar as it is necessary for the execution and processing of the purchase contract and as long as we are obliged to store this data due to legal regulations, we may process and store the data relating to the respective purchase contracts.
(2) Should your personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We also undertake not to pass on any data to third parties in any other way unless you have given your prior consent, except where we are legally obliged to release it.
(3) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided the provider has given the persons concerned prior written consent.
(4) You have the right at any time to receive complete and free information from www.daqord.com about the data stock concerning you.
(5) Further information on data protection can be found in the separate data protection declaration.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to you, which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted. You can find instructions regarding the prevention and deletion of cookies in the help function of your browser or software manufacturer.
- 15 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider. The same shall apply if a customer has no general place of jurisdiction in Germany or the place of residence or habitual abode is unknown at the time the action is brought.
(3) Buyers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS Platform) contains information on online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online contracts: ec.europa.eu/consumers/odr.
(4) We are neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
(1) Contract language is German. If you conclude an order using the English language settings, the English translation and version of the GTCs shall apply.
(2) If you violate these terms and conditions and we do not take any action against this, we shall still be entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(3) We reserve the right to make changes to our website, rules, conditions including these terms and conditions at any time. Your order will be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they will also apply to orders you have previously placed). If any provision in these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(4) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this case occur, the provision shall be replaced in terms of its meaning and purpose by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.