GTC
§ 1 Contractual partners
The present terms and conditions are the only terms and conditions between you and us, HILTL HOSEN-MANUFAKTUR GMBH, Dieselstraße 9, 92237 Sulzbach-Rosenberg (Germany) that are valid. We are your contractual partner.
§ 2 Conclusion of contract
The display of the products in the online store is not a legally binding offer but a non-binding online catalogue. By clicking on the button “finalize purchase” you give a binding order for the products in the shopping basket. The confirmation of the received order follows immediately after the dispatch of the order and is no acceptance of a contract yet. We can accept your order by sending an order confirmation per email or by delivering the merchandise within two days.
§ 3 Delivery time - Delay
Should we have your ordered merchandise not in stock – due to high demand for example – we will inform you about the caused delay immediately. If our delivery delay is not caused by an intentional or grossly negligent contract violation on behalf of HILTL HOSEN-MANUFAKTUR GMBH – including the intention or gross negligence of its agents or partners – the liability for damages of HILTL HOSEN-MANUFAKTUR GMBH due to delay of delivery for foreseeable, typically occurring default is limited.
§ 4 Liability for defects
If there is a defect in the purchased item, we are entitled to rectify the defect or to deliver a new item free of defects as requested by you. However, we are entitled to refuse both options if it is only possible with disproportionate costs. We are obliged to pay all costs, especially all costs for transportation, labour and material if they are not increased by the fact that the item was brought to another place as the original place of delivery. If we are not able to rectify the defect or deliver a new item, you are entitled to request a cancellation or a discount as requested by you.
HILTL HOSEN-MANUFAKTUR GMBH shall be liable in accordance with the statutory provisions if you assert claims for damages based on intent or gross negligence on the part of the GmbH - including intent or gross negligence on the part of its representatives or agents. Insofar as we are not accused of intentional breach of contract, the liability for damages of the GmbH is limited to the foreseeable, typically occurring damage. HILTL HOSEN-MANUFAKTUR GMBH shall be liable in accordance with the statutory provisions if it breaches an essential contractual obligation in a culpable manner; however, in this case the liability is limited to the foreseeable, typically occurring damage. HILTL HOSEN-MANUFAKTUR GMBH shall also be liable according to the mandatory statutory provisions of the product liability law. Insofar as the GmbH is not liable in accordance with the above sentences, its liability due to a defect in the purchased item is excluded.
§ 5 Terms of payment
§ 5.1 Terms of payment for deliveries to German delivery addresses
The purchasing price becomes due with the dispatch of the merchandise and invoice.
Payment for the goods can be made by Paypal, credit card, KLARNA, Google Pay or other payment options of your choice. We do not offer prepayment or cash on delivery.
Note on ordering by cash on delivery:
We charge the cash on delivery fees according to the fees charged to us by DHL. DHL only requests the invoice amount when handing over the parcel.
Note on ordering by direct debit:
When ordering goods for more than € 100.00 by new customers we reserve the right to check and refuse the order. Regular customers can pay higher amounts by direct debit from their second order onwards.
§ 5.2 Terms of payment for deliveries to non-German delivery addresses and within the European Union
The purchasing price becomes due with the dispatch of the merchandise and invoice.
The payment of the goods is possible by Paypal, credit card, prepayment or direct debit in EU-states by SEPA-transfer.
§ 5.3 Vouchers
Please note that vouchers may be limited by time and/or quantity. We point out such limitations on the vouchers explicitly. Only one voucher can be cashed per person and order. The voucher cannot be combined with other discounts (e.g. Payback). The voucher cannot be used for discounted goods.
Vouchers issued by us cannot be paid out in cash or transferred. Even in the case of an order for which a voucher has been credited against the purchase price and for which one or all items have been returned, the customer is not entitled to a cash payment or a transfer of the corresponding value of the voucher. In this case, only the amount actually paid by the customer will be refunded, the value of the voucher will be retained and can be used again for the next order, provided the voucher is still valid at the time of ordering. In this case as well only one voucher per order can be cashed.
§ 6 Shipping costs and delivery area
§ 6.1 Delivery within Germany
The delivery of your order is made free of charge, without a minimum order value within Germany.
§ 6.2 Delivery within the European Union
For deliveries in all states of the European Union apart from Germany shipping costs of € 8.95 are charged.
§ 7 Reservation of property rights
Until complete payment the goods are our property. If there is a delay in payment from your side, we can give you a proper extension period. After the extension period we are entitled to cancel the contract and reclaim the goods.
§ 8 Cancellation policy, voluntary return guarantee and costs of returns
Cancellation policy
Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reasons. The time for this withdrawal is 14 days starting from the day when you or a third-party requested by you that is not the shipper took possession of the goods.
If you wish to withdraw from this contract, you have to inform us (HILTL HOSEN-MANUFAKTUR GMBH, Dieselstraße 9, 92237 Sulzbach-Rosenberg (Germany) - Phone: 0049 9661 57100 , Email-address: service@hiltl.de) in form of an explicit declaration (e.g. a mailed letter, fax or email) about your decision to withdraw from the contract.
For this you can use the enclosed template, but this is not mandatory. It is enough to send us the message to withdraw from the contract before the period of withdrawal expires.
Consequences of the withdrawal
If you withdraw from the contract, we shall pack back all payments received from you incl. the shipping costs (with the exception of the additional costs resulting from your chosen type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this reimbursement we use the same method of payment which you used for the original transaction if not otherwise agreed with you; in no case are any fees charged for this reimbursement. We can refuse the reimbursement until we receive back the goods or until you send us the proof that the goods are send back depending on which comes earlier. You shall return the goods immediately and, in any event, not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. The period is met if you return the goods within 14 days. You pay for the directs costs of the return.
You only have to pay for any loss in value of the goods if this loss in value is due to an unproper handling of the goods while checking the condition, properties and functionality.
End of the withdrawal policy
Voluntary return guarantee and costs of returns
For all purchases in our online shop, we grant a voluntary return guarantee of a total of 30 day after receiving the goods in addition to the legal withdrawal right. Please send your return to the following address:
Topco Retail Logistik GmbH & Co. KG
c/o HILTLHosenmanufaktur GmbH
Kirchhoffstr. 5
90431 Nürnberg
Germany
In Germany the returns are free of charge if you use the DHL return form at your disposal. In all EU-states you pay the direct costs for the return.
The voluntary return guarantee does not limit your legal right and thus not affect your legal right of withdrawal.
§ 9 Final provisions
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
Mandatory provisions of the country in which you have your habitual residence remain unaffected.
If you do not have a general place of jurisdiction in Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes is the registered office of our company in Munich.
§ 10 Dispute resolution
Alternative dispute resolution according to art. 14 para. 1 ODR-VO and §36 VSBG:
The European Commission provides a platform for extrajudicial online dispute resolutions at: http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings before the universal arbitration board.
Status as of 20 Januar 2021
