Terms and Conditions
General Online Terms and Condition of CLOSED Direct GmbH
The General Online Terms and Conditions of CLOSED Direct GmbH shall apply exclusively to the agreements concluded by CLOSED Online Shop (hereinafter called CLOSED) in the version which was valid at the time of the conclusion of contract. We shall reserve the express right to make modifications to the General Online Terms and Conditions. We shall oppose any regulations in opposition hereto. Any deviations of these regulations shall take effect only subject to our express written confirmation.
The respective current version can be viewed under the key word ‘General Online Terms and Conditions’. During the ordering procedure, the Customer will receive continuous options to inspect, print out or store the General Online Terms and Conditions. Upon conclusion of the order, the Customer shall accept the General Online Terms and Conditions.
Verbal collateral agreements must be documented on a continuous data carrier, such as an e-mail. Modifications to the General Online Terms and Conditions, including this clause, as well as agreements on delivery deadlines and dates, are also subject to our written confirmation.
Offers and conclusion of contract
The languages in which agreements can be concluded are German, English and French. The presentation of products in the online shop do not represent a legally binding offer, but a nonbinding online catalogue. In is CLOSED’s fair judgment to determine whether an order will be accepted. If the online order cannot be filled by CLOSED, the Customer will be notified immediately by e-mail. This however requires that the Customer provides a correct e-mail address.
When selecting merchandise and adding it to the shopping cart, the Customer will be given the option to verify the correctness of his/her order. After selecting the mode of payment, the Customer is given the opportunity to verify the details of his/her online purchase and, where appropriate, make the necessary corrections. Within this scope, the Customer is requested to approve the General Online Terms and Conditions. By this procedure, the Customer makes a legally binding offer for concluding the purchase agreement. Subsequently, the Customer will receive an order confirmation by e-mail. By this means CLOSED notifies the Customer that the order was duly transmitted. The purchase agreement however will be concluded only upon sending a further e-mail by means of which the delivery of the merchandise is confirmed. By this delivery confirmation, the contract of purchase is legally completed.
Instructions on returns
a) Right of return
Goods purchased in the CLOSED online shop are on a trial basis in the event that customer is a private individual. The customer shall have a right of return. The customer is entitled to enforce said right of return without specification of reasons within a return period of 14 days; said right shall be enforced by return shipping of the goods by means of the return label enclosed with the goods consignment or by claiming a right of return in a text form in the event that the goods cannot be dispatched as a package. The return period shall begin upon receipt of the goods and these instructions on returns. Punctual shipping of the goods or redemption request shall be satisfactory in order to adhere to this return period. The purchase agreement shall become binding for the customer following this 14-day return period.
Return shipping of the goods and the redemption request must be addressed to:
c/o Fuljoyment AG
b) Consequences of returns
Return of goods within the EU is free of charge for the customer. Goods that are suitable for shipping as a package are returned on the risk of CLOSED. Goods that cannot be shipped as a package will be retrieved from the customer.
c) Return shipping
Return shipping shall be exclusively by means of the delivery service originally used to supply the package (DHL or UPS), whereby the bill of lading or label enclosed with the package must be used. All documents that may be helpful for the customer in return shipping are enclosed with the package supplied. The customer is required to carry out return shipping of the goods in the country in which the customer originally received the goods.
The applicable prices are those listed at the time of ordering. All prices include the statutory rate of VAT; delivery charges will be invoiced separately. Optional discounting does not exist. All additional costs, such as import sales tax or duty shall be borne by the recipient. All payments and credits shall be handled in the currency in which the purchase is fulfilled.
We accept the following payment methods:
- Credit card (VISA/MasterCard)
- Advance payment
- Direct debit
With this mode of payment, at the time of the online purchase the amount will be reserved on the Customer's credit card. The credit cards will be actually debited parallel to preparing the delivery confirmation by e-mail. Any reimbursements claims by the Customer will be credited by CLOSED to the Customer's credit card account.
With this mode of payment, after the click confirmation the Customer is forwarded to the PayPal webpage. Upon conclusion of the payment via the independent PayPal account, the Customers is requested to conclude the purchase in the online shop. Subsequently, the Customer will receive an e-mail confirmation from the online shop and from PayPal. Any reimbursement claims on the part of the Customer will be credited to the Customer’s PayPal account.
When selecting the mode of payment ‘instant transfer’, following confirmation, the Customer will be forwarded to the Internet page of the banking institution. However, for this, customers must be registered with their bank to participate in online banking facilities. PIN and TAN numbers will be required for effecting payment. Upon payment the Customer will be requested to complete the purchase in the online shop. The Customer will receive an e-mail confirmation from the online shop.
In this payment method, customers transfer the invoice amount in advance. Customers shall receive an e-mail reminder in the event that the invoice amount has not been received on the account of CLOSED 4 days following conclusion of the online purchase. Should the invoice amount not have been received in CLOSED’s account at the latest seven days upon conclusion of the online purchase, CLOSED will cancel the order. The Customer will be notified by e-mail. Any of the Customer’s reimbursement claims will be credited by CLOSED to the Customer's bank account. CLOSED reserves the right to exclude certain modes of payment.
In spite of extreme care, in exceptional cases it may happen that the merchandise in the online shop is priced incorrectly. Further, following a purchase, order confirmations may contain incorrect information. Should this be due to a technical error, CLOSED may be entitled to challenge the contract of purchase due to error.
Delivery & shipping
Customers may select DHL or UPS for package shipping within Germany. Shipping to Switzerland or Norway take place by DHL. All consignments to other European countries are shipped by UPS. Global shipping takes place by DHL. It shall otherwise be at the discretion of CLOSED to select the method of shipment.
Unless otherwise agreed, deliveries shall take place within 1 to 5 working days to the delivery address the ordering party specifies, depending on the method of shipment selected and the place of delivery. Costs, which are incurred due to incorrect address information may be passed on to the Customer. CLOSED shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address.
Details regarding delivery deadlines relate to estimated time of delivery. The delivery deadline may be reasonably extended in the case of events, which may render delivery extremely difficult and on which CLOSED has no influence, and may considerably affect the delivery deadline.
CLOSED shall notify the Customer immediately in the case of corresponding delivery problems. In the case of a withdrawal by CLOSED, the Customer will be reimbursed the effected payments immediately. This shall not affect the Customer’s additional legal claims. CLOSED is authorized to make partial deliveries. There will be no delivery charges for subsequent deliveries.
|Supplier country||Method of shipment||Forwarding costs||Delivery times|
|4,90 ¤||1-3 working days||Other European countries||UPS Standard||4,90 ¤||1-4 working days|
|Switzerland & Norway||DHL Standard||19,00 ¤||2-4 working days|
|Overseas||DHL Express||19,00 ¤||2-5 working days|
*Regarding our order process in Germany you can choose between shipment with DHL or UPS Standard.
If merchandise is delivered with obvious damage to the packaging or content, the Customer shall report the damage immediately irrespective of warranty rights and refuse to accept delivery. The CLOSED online shop must be notified immediately by e-mail: email@example.com
Reservation of title
The merchandise shall remain CLOSED’s property until payment has been made in full.
Reservation of delivery
We shall be released from an obligation to fulfil the agreement in the event that it is not possible to deliver any item. Customers shall be informed immediately in the event that it shall not be possible to deliver any item; any advance payments will be reimbursed without delay. Items shall only be sold in standard household quantities.
The statutory warranty rights should apply to all deliveries. The statutory period of limitation for legal warranty claims is two years and starts upon delivery of the merchandise.
Disclaimer for third-party links
If the webpages of CLOSED online shops contain links to other webpages in the Internet, CLOSED expressly declares not to have any influence on their design and contents. This shall apply to all displayed links and all contents of webpages leading to said links. For this reason CLOSED hereby expressly disassociates itself from all contents of orders linked to third-party webpages and does not make these its own.
CLOSED points out that the colouration of the product images presented in the online shop are contingent upon the respective settings of the Customer’s monitor and may vary slightly from the colour of the supplied product.
All images and photographs are copyrighted. The use of images and photographs without express permission by CLOSED is prohibited. CLOSED reserves the right to assert all claims in accordance with the Copyright Act.
In the case of data processing, concerns relating to the Customer’s data protection will be taken into consideration in accordance with the legal regulations.
In principle, all personal data will be treated confidentially. The data requirements for handling transactions will be stored. For the purpose of examining a Customer's credit worthiness and solvency control during the term of the contractual relations, the address and solvency data may, if appropriate, be delivered to Schufa, 65203 Wiesbaden and other business information services. Furthermore, address and order data can be collected and processed for own marketing purposes.
Notice: The Customer may oppose and/or revoke said use, processing and/or transmission of its data for marketing purposes at any time by notifying us. Upon receipt of an opposition and/or the revocation, CLOSED will no longer use and process the data in question for marketing purposes and/or immediately discontinue the further sending of advertising material and/or no longer disseminate the data for marketing purposes.
The jurisdictional venue shall be Hamburg for all disputes from CLOSED’s agreements with Customers that are merchants or do not have a general jurisdictional venue in Germany.
Should individual provisions of this General Online Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions of this Agreement. The invalid provision shall be reinterpreted or, if necessary, modified to come as close as possible to its intended purpose.
Parties responsible for the content
Commercial Register, Hamburg Regional Court, HRB56292
General Managers: Gordon Giers, Til Nadler, Hans Redlefsen
Terms of business (As per 06/2013)