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GENERAL TERMS AND CONDITIONS.

1. General
These General Terms and Conditions apply to all our offers and deliveries. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
It is the law of the Federal Republic of Germany, excluding the CISG.

2. Conclusion of the Contract
Our product presentations under simply-man.de represent no offers to conclude a purchase contract.
By clicking the button "Submit Order" you make a binding offer - purchase the items in your shopping cart. The subsequently signed confirmation of the receipt of the order and any following status reports are no acceptance of this offer. The purchase contract is only valid with our order confirmation or by delivering the ordered goods. The contractual language is English.

3. Ordering process
(1)
When you have found the item(s) you are looking for you can place it in your shopping cart without any obligation to buy by clicking on the button "add to cart".
(2) You can view the contents of the shopping cart at any time without obligation by clicking on the button "shopping cart". You can delete items from the shopping cart or change amount.
(3) If you wish to purchase the items in the shopping cart, click on the button "go to checkout". This will take you to ordering process.
(4) In ordering process enter first your delivery and payment address.
(5) After entering your details and selecting your preferred method of payment, you can reach the ordering page, there you can once again check or edit your entries.
(6) By clicking on the button "to order", you conclude the ordering procedure. So you offer us to conclude a purchase contract.
Information about the time of the contract, see above under "conclusion of the contract".

4. Prices and delivery terms
(1)
The prices stated on the product pages are inclusive of statutory VAT in Germany and other price components.
(2) Additional shipping costs are clearly shown on the product pages and on the order page. See also "Shipping costs for worldwide shipments.".

5. Cancellation policy

Cancellation rights:
You are entitled to cancel this contract within 14 days without providing any reasons for doing so.
The cancellation period totals 14 days from the day you or a third party appointed by you, who is not the carrier, took delivery of the last item.
In order to exercise your right of cancellation, you must inform us by sending a clear statement (e.g. a letter sent by post, fax or e-mail) explaining your decision to cancel the contract to us (IMAGE-ORANGE, Truderingerstr. 287, 81825 Munich, Germany, Phone: +49-(0)89-452377-22, Fax: +49-(0)89-452377-21, Email: info@simply-man.com). You may use the enclosed sample cancellation form for this purpose, but this is not mandatory.

To comply with the cancellation period, it is sufficient if you send the message regarding exercise of your right of cancellation before the cancellation period expires.

Consequences of cancellation:
If you cancel this contract, we undertake to refund all payments we have received from you, including delivery charges (excluding additional costs resulting from you choosing a delivery option other than our cheapest standard delivery) immediately and at the latest within 14 days from the date on which we received your message regarding cancellation of the contract. For this refund we use the same payment method that you used for the original transaction, unless you expressly made alternative arrangements. Under no circumstances will you be charged for this refund.
We may refuse to process the refund until we have received the goods or until you provide proof that you have sent the goods back, whichever is sooner.
You must return or hand over the goods to us immediately and in any case within 14 days from the date on which you informed us of cancellation of this contract. The deadline is considered met if you return the goods within the 14-day period.
For orders outside Europe, you bear the direct costs of returning the items.
You only have to pay for the diminished value of goods if this diminished value results from handling other than what is necessary to ascertain the condition, features and functioning of the goods.

- End of Cancellation policy -

6. Delivery terms
(1)
We will ship your order via DHL, deliveries can also be made to Packstations (within Germany).
(2) The delivery time is 3-8 business days after receipt of order or incoming payments.
Possible exceptions can be found on the product description. When ordering, you receive in the next working day a new email with regard to the current order status.
If we realize during the processing of your order that the products ordered by you are not available, SIMPLY-MAN will inform you about this in a separate e-mail. No contract is concluded for non-available goods. Already received services be returned immediately. A partial delivery remains SIMPLY-MAN reserved, if it is appropriate for the Customer.

It is also possible by arrangement to pick up our goods in the central warehouse (Location: Logistics center of the company IMAGE-ORANGE, Truderingerstr. 287, 81825 Munich) - Shipping costs will not calculated.

7. Payment
We offer the following methods of payment (Germany):

  • Prepayment by bank transfer to the account of the company IMAGE-ORANGE or
  • PayPal (Your bank or credit card data is stored only on PayPal) or
  • Credit Card (MASTERCARD/VISA/AMEX) or
  • COD with a collection fee of EUR 5,00 (delivery with DHL plus EUR 2,00 DHL forwarding fee).

We offer the following methods of payment (all other countries):

  • Prepayment by bank transfer to the account of the company IMAGE-ORANGE or
  • PayPal (Your bank or credit card data is stored only on PayPal) or
  • Credit Card (MASTERCARD/VISA/AMEX).

Please note:
EU standard transfers will be charged. For transfers from Switzerland or other non-EU countries, the bank charges of the client and contractor will be borne entirely by the purchaser.

8. Title retention
The delivered goods remain our property until paid for in full.

9. Warranty
(1)
The warranty for defective goods for new goods is in accordance with the legal regulation of 24 months. For used goods, the warranty period is 12 months. The warranty period starts from the delivery of the goods to the buyer. It remains at the standard limitation period of 3 years, starting with the end of the year, in which
1. the claim arose and
2. the creditors of the reasons for the claims circumstances and the identity of the debtor becomes aware or should become aware of without gross negligence,
- when it comes to liability for damages from injury to life, limb or health that are based on an offense committed by me negligent or willful breach of duty or a deliberate or negligent breach of duty of one of my assistants or
- when it comes to liability for other damages based on an offense committed by me gross negligence or an intentional or negligent breach of duty of one of my assistants or
- when it comes to liability for fraudulently concealed defects.
(2) The warranty does not cover normal wear or normal wear and tear.

10. Transport damage
(1)
If goods are delivered with obvious damages, please file a complaint such errors immediately to the deliverer and please take as soon as possible to contact us.
(2) The failure of a complaint or contact has no consequences for your statutory warranty claims. But it help us to make our own claims against the carrier or the transport insurer.

11. Privacy Policy
We utilise your user-related data exclusively for processing your order. All customer data are stored and processed by us in strict compliance with the relevant provisions of the Bundesdatenschutzgesetz (BDSG - Federal Data Privacy Act) and the Teledienstdatenschutzgesetzes (TDDSG - Tele Services Data Protection Act). Our data protection regulations can be viewed and printed here.

12. Jurisdiction
For all mutual claims of contractors 81825 Munich the place of performance and jurisdiction, provided that they are merchants, legal persons of public law or public-law funds with the contractors. Likewise 81825 Munich the place of performance and jurisdiction, if the customer has no general jurisdiction in Germany.

13. Severability
Should individual provisions of the contract with the customer including these terms and conditions be wholly or partially invalid or become invalid, or the agreements contain a gap, this shall not affect the validity of the remaining provisions.

Munich, in June 13, 2014

This English translation has been done with greatest care. However, we cannot be held liable for the precision and correctness of the translation. If in doubt, the original German version shall prevail.