1. SCOPE
OXX Fashion GmbH, Magazinstr. 12 / 14, 08056 Zwickau, Germany, (hereinafter "WE" or "shopoxx.com") provides the website www.shopoxx.com and offers fashion goods and fashion accessories for sale. These Terms & Conditions shall apply in the latest version to all orders and contracts made by shopoxx.com and the client (“client”), who either is a private person of full age (hereinafter "consumer" according to para. 13 German Civil Code - BGB) or a trader (hereinafter "trader" according to para. 14 BGB). No subsequent agreement in any way altering these Terms & Conditions shall be binding on shopoxx.com unless made in writing and signed by an authorized officer of shopoxx.com.

2. IMPORTANT ADVICE

2.1.
Any goods on our website www.shopoxx.com are presented in a true-to-life manner to a large extent. Due to different settings or performances of screens or printers, the illustration can differ from the real appearance. The consistency cannot be guaranteed by shopoxx.com.

2.2
The products as presented on the website can be out of stock or unavailable for other reasons or vary in price in individual cases. The presentation of goods on the website is no binding offer. Unless specified otherwise all mentioned prices are given in EURO incl. VAT plus shipping costs.

2.3
All products are delivered with a seal. When trying on the items, please be careful not to break the seal. The obligation for return does not apply, when the seal has been broken or damaged.

3. CONTRACT

3.1
All contracts between you and shopoxx.com are closed by transferring any chosen items into the shopping bag on the website and upon completion of the order form and its dispatch by clicking the button "CONFIRM" and finally upon receipt of the order confirmation of shopoxx.com sent to the e-mail-account of the customer as stated in the order form or alternatively upon shipping of the goods at the latest. Customer accepts these Terms & Conditions by clicking the “CONFIRM” - button in the order form. Any mistakes in the order form can be corrected by the change or help option before dispatch of the order.

3.2
In the event our supplier does not deliver the goods as ordered by us according to the distribution agreement between the supplier and us, we are entitled to terminate the contract, when the supplier breaches his duties contrary to the distribution agreement. In this case we will give a brief notice, that the ordered product is not available; eventual payments will be refunded in this case.

4. DELIVERY AND SHIPPING CONDITIONS

4.1
Unless otherwise agreed the shipping will be carried ot to the address given by the customer. Periods of delivery are nonbinding, unless otherwise expressed.

4.2
We deliver to Germany, Andorra, the Azores, Belgium, Denmark, Estonia, Faeroe Islands (DK), Finland, France, Greece, Greenland, Great Britain, Guernsey, Ireland, Italy, Jersey, Corsica, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Madeira, Monaco, the Netherlands (Holland), Northern Ireland, Austria, Poland, Portugal, San Marino, Sweden, Switzerland, Slovakia, Slovenia, Spain (inclusive Balearics), Czech Republic, Hungary, Vatican City and Cyprus.

4.3
In the case of supplies into countries with specific tax on imported products and custom duties, the receiver has to bear the costs. These costs are charged by DHL separately.

4.4
All shipments will be carried out through DHL. The terms and conditions of DHL will apply additionally and can be called under www.dhl.de.

4.5 Shipping Costs

4.6
If the customer has special requests concerning the type of shipment, e.g. express shipment, the additional costs shall be charged. The risk shall be transferred to the customer when the goods are transferred to a forwarder or carrier, in any case when they leave of the warehouse of shopoxx.com.

5. PAYMENT
Payments including shipping fees are accepted via credit card or bank transfer in advance. In the event that ordered goods are not available at present, any amounts credited in advance will be refunded immediately, credit cards will not be charged in this case.

5.1 Bank Transfer
By choosing the payment option bank transfer in advance the customer agrees to pay immediately after the purchase order. Affirmation of the contract and delivery will be effected upon receipt of payment. Shopoxx.com is entitled to cancel an order, if the payment is not made within 5 working days since order.

5.2 Credit Card
All credit card information (numbers, expiry dates etc) will be deleted automatically after the transaction.

5.3. Privacy
We assure, that all your private information will be handled confidential.

6. RETENTION OF TITLE
All goods will remain in our property until payment is received in full. In the case of a delay of payment over a period of more than 10 working days, shopoxx.com is entitled to terminate the contract and claim back the goods.

7. WARRANTY / LIABILITY

7.1 CONDITION OF THE GOODS
All instructions, designs, illustrations, technical data, weight -, measurement and performance specifications, which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. We do not guarantee the correctness of these data.

7.2 LIABILITY
Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply:

Shopoxx.com shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by shopoxx.com or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by shopoxx.com or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the German Product Liability Act or liability for an expressively warranted condition or defects, which have been suppressed maliciously.

Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by shopoxx.com in any case.

7.3 COMPLAINTS
In the case of eventual complaints please feel free to contact us under:

Email: service@shopoxx.com
Telephone: +49 375 / 39 09 63 8
Fax: +49 375 / 35 31 57 8

8. RETURNS

8.1
We want you to be happy with our products. Should you for any reason be unhappy with our delivered goods, you have the right to refund those within 14 days after the arrival of the goods groundless, if you are a customer and live in the European Union. The term begins with the receipt of the goods and with your notice of these instructions. The return of goods or the request for return of goods should be sent to:

OXX Fashion GmbH
Magazinstr. 12 / 14
0375 Zwickau
Germany

8.2 Consequences of Refundment
In the case of an effective revocation both parties are entitled to demand the refund of achievements mutually. In the event of deterioration of the goods shopoxx.com is entitled to claim a refund as compensation; this shall not apply when the deterioration is only based on tryout of the goods - comparable with the situation in a shop. Further you can avoid the claim for refund as compensation by using the goods carefully within the term. In the event that the refunded goods have been used, worn, washed or the signet has been removed, the refund as compensation can come up to the purchase price. Shipping costs of the delivery are not refunded by shopoxx.com.

9. GOVERNING LAY AND GENERAL TERMS

9.1
The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.

9.2
The Terms & Conditions of shopoxx.com will supersede any other general terms and conditions binding upon the customer.

9.3
Zwickau (Germany) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law (§ 38 German Civil Litigation Act).

9.4
Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.
IMPRINT
ShopOxx.com
OXX Fashion GmbH
Magazinstr. 12 / 14
08056 Zwickau
Germany

service@shopoxx.com (Link)
Telephone: +49 375 / 39 09 63 8
Fax: +49 375 / 35 31 57 8
Email: service@shopoxx.com
Manager: Torsten Kunzmann
Register Court: HRB 22463 Chemnitz
VAT ID.: DE245301520

September 2006, © ShopOxx.com