General terms and conditions

Operator Information:

EXTRA Commerce GmbH

Siemenstr. 1a

D - 84051 Essenbach

Tel. 0049 8703 905 88 90

Fax 0049 8703 905 88 91

1. Scope of Applicability

1.1 These terms and conditions of College & Fashion / c/o EXTRA Commerce GmbH (hereinafter “Seller”) govern all sales, deliveries and services offered by the Seller and which are purchased by the customer from the Seller through the website www.caps-and-gowns.com. The imposition of conditions by the Customer is hereby excluded except in cases where something to the contrary has been agreed.

1.2 “Customers” as provided for in Clause 1.1 are both consumers and companies, where a consumer is defined as every natural person who concludes a legal transaction for a purpose that cannot be attributed to either commercial or entrepreneurial business activity. Conversely, a company is every natural or legal person or an incorporated association that when concluding a legal transaction is acting in the exercise of their entrepreneurial or commercial business activity.

2. Conclusion of the Contract

2.1 The representations of products featured in the online shop of the Seller serve to provide a means by which the Customer may make a legally binding purchase offer.

2.2 The Customer may make the purchase offer in writing, by fax, by email or through the online order form integrated into the Seller's online shop. When making purchases using the online order form, the Customer makes a legally-binding contractual offer in respect of the goods contained in the shopping basket by clicking the “order” button in the final step of the ordering process after entering his/her personal information. All information entered may be corrected on an ongoing basis before making the binding offer by using the usual keyboard and mouse functions. Further, all information entered will be displayed in a confirmation window before the binding offer is made and may also be corrected there using the usual keyboard and mouse functions.

2.3 The Seller shall immediately confirm receipt of the Customer's purchase order via electronic communication (fax or email). The Seller may accept the offer of the Customer by a written (letter) or electronically-transmitted order confirmation or by delivering the goods within five days. The Seller is entitled to refuse to accept the order – for example, after checking the Customer's credit.

2.4 Should the order be placed electronically, the text of the contract (consisting of the order data and the General Terms and Conditions) shall be saved by the Seller and sent to the Customer via email.

2.5 The purchase shall be completed and contact made via email and automated purchase completion. The Customer must ensure that the email address provided for the completion of the purchase is accurate, so that the emails sent by the Seller to this address may be received. In particular, if using a spam filter, the customer has to ensure that all emails sent by the Seller or service providers contracted by the Seller in connection with the completion of the purchase may be delivered.

3. Return Costs when exercising the Right of Cancellation

Should the Customer have a right of cancellation pursuant to § 312d, Para. 1, Clause 1, German Civil Code, the Customer must bear the standard costs of sending the item back in connection with the exercise of the right of cancellation if the price of the item being sent back does not exceed 40 Euros or, if the price of the item is greater, if the Customer has not paid for the item in full or has not made a partial payment at the time at which the declaration of cancellation is made, except in cases where the items delivered are not consistent with those ordered. In all other cases, the Seller bears the return costs.

4. Prices and Payment Conditions

4.1 The Seller's advertised prices shall be considered final prices, i.e. that include all components of the price, including the statutory German value-added tax (VAT). Any additional delivery and shipping costs that may be incurred shall be displayed separately in each product description to which they apply. Further costs may apply in individual cases to transborder shipments, e.g. taxes (such as in the case of input taxes on intra-community purchases) and/or fees, such as those which may be levied in the form of duties.

4.2 For deliveries within Germany, the Seller offers the following payment options:
- Advanced payment by bank transfer or credit card

- Paypal

- Delivery against invoice (only for enterprises and public agencies. This payment method is not available online)

4.3 For deliveries outside Germany, the Seller offers the following payment options:
- Advanced payment by bank transfer or credit card

- Paypal

- Delivery against invoice (only for enterprises and public agencies. This payment method is not available online)

4.4 Should advance payment have been agreed upon, the payment is due immediately after the contract has been made.

4.5 If the payment option “delivery against invoice” has been chosen, the purchase price is due after the item has been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without delay, provided nothing to the contrary has been agreed. In this case, the Seller shall be entitled to make available the Customer's data to Schufa Holding AG for the purposes of a credit check. The Seller reserves the right to refuse the payment option “delivery against invoice” to the Customer, regardless of the result of the credit check.

5. Delivery and Shipping conditions

5.1 The delivery of goods occurs regularly by means of shipping channels, to the delivery address provided by the Customer. For performance of the transaction, the delivery address provided in the Seller's completion of purchase shall be used exclusively.

5.2 Should it not be possible to execute a delivery to the Customer, the carrier commissioned sends the goods back to the Seller, while the Customer is responsible for bearing the costs of the unsuccessful delivery attempt. This does not apply if the Customer is not responsible for the failure of the delivery attempt.

6. Liability for Defects

The legal provisions applicable to liability for defects apply.

7. Applicable Law

7.1 The law of the Federal Republic of Germany governs all legal relations between the parties, with the exception of laws regarding the international purchase of moveable goods. This choice of law only applies to consumers to the extent that the protection provided by compulsory provisions of the law of the state in which the consumer usually resides has not been withdrawn.

7.2 Should the Customer be a sole trader, legal entity under public law, or a legal entity under public law with special public funds, the exclusive venue for all disputes deriving from this contract shall be the corporate headquarters of the Seller. The same applies if the Customer has no general venue in Germany or the EU, or if the customer’s residence or usual location are unknown at the time at which the action is initiated. The authority to have the court appeal to another legal venue remains unaffected thereby.

7.3 The language of the contract is German.