Terms

Hudson is a trademark of KUNERT Fashion GmbH & Co. KG.


Standard Terms and Conditions/Compulsory legal informations
of the KUNERT Fashion GmbH & Co. KG for Online-Shop trading


§ 1 Scope and offerer identification

(1) These Standard terms and conditions ("STC") shall exclusively apply for the use of our Online-Shop under www.hudson-shop.com (Online-Shop") and for the conclusion of contracts in the Online-Shop.

(2) Offerer and your contracting Partner is:

KUNERT Fashion GmbH & Co. KG
Julius-Kunert-Straße 49
D-87509 Immenstadt, Germany

Telefon: +49 (0) 8323 - 12 313
E-Mail: service@hudson-shop.com
Registered office: Immenstadt, at local Court of Kempten, reg.no: HRA 8249

Personally liable Partner (complementary):

KUNERT Fashion Verwaltungs-GmbH,
Julius-Kunert-Straße 49
D-87509 Immenstadt, Germany
Managing Director: Hermann de Jong, Michael Kunisch, Constantin Wunn
Registered office: Immenstadt, at local Court of Kempten, reg.no: HRA 8522

VAT ID-Number: DE 2200629311


§2 Orders, conclusion of contract, language and text of the contract

(1) By presenting the Products in our Online-Shop we do not make a binding offer for the conclusion of a contract. You may deposit these products in the basket and purchase them by following the instructions. By ticking the button "send order" you place a legally binding order concerning the products in the basket (your "declaration for purchase").

(2) For corrections of your data, please use the web-browser and return to the respective webpage before ticking the button "send order". If you ticked the button "send order" a correction is no longer possible as your "declaration for purchase" is binding.

(3) If we accepts your order we will notify you of our acceptance by issuing an order confirmation via email ("order confirmation").

(4) The text of the contract (order specifications and STC) will be stored. You may retrieve these STC any time in the online-Shop, print them via your internet browser or store them on your PC. Registered customers can review their order specifications in the Online-Shop by using the "customer-log-in" and ticking "my account".


§ 3 Prices, transportation costs, and payment

(1) The indicated prices are final and include german VAT, excluding handling and transportation costs and duties which are for your account and will be calculated seperately as applicable and added to the total price of your order.

(2) You may pay in advance via bank transfer, immediate bank transfer, credit card or PayPal. If you have chosen payment via PayPal you will be passed on directly to PayPal or -if you have chosen immediate Bank transfer- to Payment Network.

(3) The invoice amount falls due immediately with receipt of the confirmation of your order. If you pay via credit card or immediate bank transfer your Bank account will be charged on the due date.

(4) In case that you decided using your compulsory right as consumer to withdraw the contract (according to § 7 of these STC), it is agreed that you may return the product to Kunert and bear the corresponding transportation costs, if the delivered product corresponds to the product you have ordered and if the price of the returned product does not exceed 40 Euro; if exceeding and -at the time of your withdrawal- you still did not render an agreed partial payment or payment in full, you don´t have to bear these costs.

(5) Prices and transportation costs


§ 4 Your contribution for the performance of the contract

To enable us duly performance of the contract you have to take care that the notified personal data on placing the order (name, surname, invoice- and delivery address, Banking account, actual email-account), which we require to inform you in accordance with the legal provisions, handling of your payment, and delivery of the ordered products.


§ 5 Use of your personal data

(1) If you use our Online-Shop and you are a registered customer, subscribe to our newsletter (Fashion News) or order products, we collect and use the data which enable us to identify your person. The data collected from your order form as surname, name, invoice- and delivery address and email-account, as well as data of your banking account and credit card, will be used for performance of the contract, that is to say to enable as processing your order in our Online-Shop, billing and communication with you concerning the status of your order and delivery of the ordered products.

(2) In addition we will use your Email-address to submit you via Email the Hudson Fashion News and similar Hudson-offers to your order, unless you deleted the check mark in the check box “submit newsletter” whilst your registration as customer before the first submission of your personal data. You may revoke the use of your Email-address for this purpose at any time by using the link at the end of each Email with which we submitted the newsletter or by deleting your Email-address after your log-in as customer under “my account” from the mailing list or simply by sending us a message to service@hudson-shop.com

(3) Your invoice address is furthermore used to send you from time to time informations concerning special offers from Hudson by mail. You may revoke the use of your invoice address for this purpose at any time by sending us a message to service@hudson-shop.com

(4) The detailed declaration on data protection is available under www.hudson-shop.com/en/Data-Protection.


§ 6 Delivery / Impairment of performance

(1) Hudson will supply the ordered product(s) as soon as your payment according to our invoice is verified on our banking account, or-if you are paying with credit card- as long as your credit card issuer has authorized the use of your credit card for the payment of the products. Hudson will deliver the products within 5-7 business days in the territory of Germany and Austria after payment confirmation if no contrary indication was given in the Online-Shop.

(2) If not explicitly indicated in our Online Shop we only deliver the products in Germany and to Austria.

(3) If disturbances in the ordinary course of our business (which are beyond our control or not caused by our negligence or default and impredictable), prevent us from delivering the ordered products within the time mentioned in § 6 (1), time for delivery is extended according to the period of this interference. If such interference does not enable us to deliver the ordered product(s) within one month after your payment or payment confirmation, you are entitled to revoke the contract. Other rights of withdrawal you are entitled to within this one month period remain hereof unaffected.

(4) The collection of ordered product(s) at our warehouse or factory is not possible.


§ 7 Withdrawal Instruction for consumers

If you order product(s) as consumer, that is to say for purposes which are not related to your commercial nor your self-employed work, you are entitled to withdrawal according to the following instruction of withdrawal:

Instruction of withdrawal

Right of withdrawal

You may withdraw your declaration of purchase in writing (via email, mail or facsimile) within 14 days without stating the reasons or -if you obtained the product(s) before the expiry of the 14-day period- by reshipment of the product(s). The mentioned term begins after receiving these instructions in written, but not before you have received the ordered products (in case of recurring delivery of similar goods not before receipt of the first partial delivery of these goods) and also not before we accomplished our duty to inform you according to Article 246 § 2 in connection with § 1 subsection I and II EGBGB as well as our duty according to § 312 e subsection I, sentence 1 BGB in connection with Article 246 § 3 EGBGB. To comply with the withdrawal period it is sufficient to dispatch the withdrawal or the product. The withdrawal has to be directed to:

KUNERT Fashion GmbH & Co. KG
Hudson Online-Shop
Julius-Kunert-Str. 49
D-87509 Immenstadt
Germany
E-Mail: service@hudson-shop.com

Consequences of withdrawal

In the event of a legally effective withdrawal both parties have to return the obtained benefits and –if applicable- the obtained fruits of utilization (e.g. as interests). If you should not return the product(s) -or if sold as part of a product combination partially- or not in their original condition, Kunert reserves the right to demand compensation for lost value. This is not applicable if the deterioration of the product is solely caused by a typical inspection which you would have made in a retail shop. You can avoid the duty for compensation of lost value refraining any use of the product(s), even if it may be a reasonable use as proprietor of the product(s). Products which can be forwarded as parcel can be send back at our own risk. It is agreed that you have to bear the transportation costs to Kunert, if the delivered product corresponds to the product which you have ordered and if the price of the returned product does not exceed 40 Euro or, if exceeding, at the time of your withdrawal you still did not render an agreed partial payment or payment in full. If you have received the ordered Product and have simply changed your mind about purchasing it, you may return the Product or entitlement to Service to Kunert for a refund, subject to the payment of the transportation charges if the price of the Product does not acceed 40 Euro or-in case of a higher price- if at the moment of withdrawal you still did not obtain the Product or entitlement to service or effected a -contractual agreed- partial payment. Otherwise the return delivery is free of charge. Kunert will arrange for the Product -which cannot be forwarded as parcel - to be collected with its nominated carrier. Obligations for refund of payments have to be fulfilled within 30 days. This time period starts for you with the dispatch date of your withdrawal declaration, for us with reception of your declaration.

End of instruction of withdrawal

 

§ 8 Claim of defect and liability

(1) Please notify immediately after handover evident material defects, e.g. due to transport damages, to the person acting on behalf of the carrier or us. Failure of notification of such damages has no consequences for your compulsory rights, unless your order is for both parties a commercial transaction and you have to comply accordingly with the requirement to make a complaint in respect of a defect immediately on receipt of the product(s).

(2) If a product is defective at the moment of handover you are entitled to demand replace of the ordered product(s) or to revoke the contract or to reduction of the purchase price and additionally to compensation for loss suffered.

(3) We are liable without limitation according the legal provisions for willfully or by negligence caused personal injury.

(4) We are liable for material damage and loss of property if caused willfully or by gross negligence.

(5) We are also liable for material damage and loss of property caused by ordinary negligence, if we breach a substantial contractual obligation, that is to say an obligation which is crucial to fulfill the contract in accordance with the regulations and on which compliance you could rely on, but limited to the amount payable by you to Kunert in respect of the product(s) and/or services

(6) The above mentioned limitations of liability shall apply, if a delivery is impossible by coincidence at the time when we are in default or claim for other rights, especially of delictual nature or compensatory payments for wasted expenditure instead of accomplishment of the contract (ordered products). The limitations of liability shall not apply if we expressly declared an acceptance of guarantee or ale liable according to the German Law of Product Liability (Produkthaftungsgesetz).

(7) Apart from that Kunerts liability is excluded.

(8) All provisions mentioned in respect of liability shall aplly witout any limitation for Kunerts employees, workers, representatives or vicarious agents.


§ 9 Choice of Law and Jurisdiction

These Standard Terms and Conditions as well as orders in our Online Shop are governed by and construed in accordance with German Law and each party agrees to submit the jurisdiction of the court of Kempten, Germany. The choice of law shall only apply for consumers as far as they do not loose protection of compulsory covenants of the state, in which they have their usual place of residence. The applicability of the United Nations Convention on Contracts for International Sale of Goods is hereby explicitly excluded.

KUNERT Fashion GmbH & Co. KG, Date: 23.02.2011