1. Applicability

The following General Terms and Conditions shall apply exclusively to the business relationship between ProFashion GmbH and the customer. Deviating, conflicting terms and conditions of the customer will not be accepted unless ProFashion GmbH expressly agrees to them in writing.

2. Conclusion of Contract

1) The website of ProFashion GmbH merely represents a sales prospectus. By presenting the products on the websites, ProFashion GmbH merely invites the customer to submit offers (orders). The order confirmation sent by ProFashion GmbH via e-mail does not yet constitute the conclusion of a purchase contract.

2) A purchase contract is only concluded with the dispatch of our order confirmation (regularly within 3 days of receipt of the order) or at the latest with the shipping confirmation, which then constitutes acceptance of the declaration by ProFashion GmbH.

3) The ordering process consists of the following steps: 

a) The customer places items non-bindingly in the shopping cart by clicking "add to cart". 
b) All items that have been placed in the shopping cart can be viewed by clicking on "Shopping Cart". Articles can also be deleted or the quantity changed here. 
c) If the items from the shopping cart are to be purchased, click on "proceed to checkout". This takes the customer to the start of the ordering process. 
d) In the ordering process, the customer first enters their delivery and payment details. 
e) By clicking the "Order and pay" button, the customer sends their order to ProFashion GmbH. The customer can find more information about the ordering process on the "Help page".

4) Goods are only sold in household quantities. ProFashion GmbH does not accept orders from customers who have not yet reached the age of 18.

3. Retention of Title

The goods remain the property of ProFashion GmbH until full payment has been received.

4. Cancellation Policy

Right of Withdrawal

You have the right to withdraw from this contract within 30 days without giving any reason.

The withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. If you have ordered multiple goods as part of a single order and they are delivered separately, the withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last item. To exercise your right of withdrawal, you must inform us,

ProFashion GmbH
Heidelberger Str. 9-11
69226 Nußloch

E-Mail: service.de@bettybarclay.com
Tel.: +49 (0) 800 10 10 380

by means of a clear declaration (e.g., a letter sent by post, fax, or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.

We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods immediately and in any event no later than 30 days from the day on which you inform us of the withdrawal from this contract to

zLogistics GmbH, Scipiostr. 777, D-28279 Bremen

The deadline is met if you send the goods before the period of 30 days has expired. 

We bear the costs of returning the goods. 

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing their condition, properties, and functioning. 

If you return the goods to us using our return documents and do not formally declare the withdrawal as described above, we will interpret the return as a withdrawal, so that a separate withdrawal is not necessary.

Muster-Widerrufsformular

If you wish to withdraw from the contract, please fill out this form and send it back to:

ProFashion GmbH
Heidelberger Str. 9-11
69226 Nußloch
Tel.: +49 (0) 800 - 10 03 878
E-Mail: service.de@bettybarclay.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)       DD.MM.YYYY

Name of the consumer(s)        First and last name  

Address of the consumer(s)   Address, postal code, city 

 

Signature of the consumer(s) (only for notification on paper)    Signature

* Delete as appropriate.

5. Shipping and Delivery

1) Deliveries are generally only made within the Federal Republic of Germany. Unless otherwise agreed, delivery shall be made by ProFashion GmbH from the Bremen warehouse to the delivery address specified by the customer. However, the transfer of risk only occurs when the goods are handed over to the customer. Delivery is made by DHL.

2) The delivery time is approx. 1-3 working days. If ProFashion GmbH determines during the processing of the order that the products ordered by the customer are not available or not immediately available, ProFashion GmbH will inform the customer of this immediately by separate e-mail. A contract for the unavailable goods is not concluded. Delivery is subject to availability.

6. Prices and Shipping Costs

1) The prices listed in the online shop are in Euros and include the legally applicable value-added tax. VAT will be shown separately on the invoice.

2) All deliveries are subject to shipping costs, insofar as these are shown in the ordering process. As a rule, the shipping costs are 3.95 Euros per order, regardless of the order value. This partially covers the costs for postage and packaging; ProFashion GmbH covers the rest. Please refer to the respective product page for any exceptions. You can get more information here.

7. Warranty

1) The customer is entitled to a warranty for defects in the purchased goods in accordance with the statutory provisions of §§ 437 et seq. BGB (German Civil Code). In particular, the customer can demand subsequent performance (new delivery or rectification of defects). However, ProFashion GmbH is entitled to refer the customer to a new delivery if the rectification of defects would involve disproportionate effort. The warranty claims expire 2 years after delivery of the goods.

2) The customer should assert their warranty claims stating the order number, their name, and their address, as well as a brief description of the reasons. Upon request by ProFashion GmbH, the customer shall send the defective goods for inspection at the expense and risk of ProFashion GmbH to the following address: 

zLogistics GmbH, Scipiostr. 777, D-28279 Bremen

3) In the event that delivered goods show obvious material or manufacturing defects, which also includes transport damage, the customer is recommended to report this immediately to ProFashion GmbH or the delivery company. Failure to make this complaint has no consequences for the customer's statutory claims, but it facilitates the determination of the cause of the damage and thus benefits both parties.

8. Payment Modalities, Set-off and Retention

1) ProFashion GmbH offers the following payment options: 

a) In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:

• Invoice: The payment period is [14] days from the dispatch of the goods/ticket/ or, for other services, the provision of the service. The complete invoice terms for the countries where this payment method is available can be found here: Germany, Austria.
• Installment purchase: With Klarna's financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified at checkout. The installment payment is due at the end of each month after Klarna has sent a monthly invoice. Further information on installment purchase, including the General Terms and Conditions and the European standard information for consumer credit for the countries where this payment method is available, can be found here (only available in the specified countries): Germany, Austria.
• Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
• Direct debit: Available in Germany and Austria. The debit will be made after the goods have been dispatched. You will be notified of the time by e-mail.
• Credit card (Visa/Mastercard): Available in Germany and Austria. The debit will be made after the goods or tickets have been dispatched / the service is available or, in the case of a subscription, in accordance with the communicated times.
   

positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection policy in Germany and Austria. 

You can find more information about Klarna here. You can find the Klarna App here.  

b) PayPal

When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "Purchase on account" via PayPal, we pass on your payment data to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal") as part of the payment processing. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "Purchase on account" via PayPal. PayPal uses the result of the credit check in relation to the statistical probability of non-payment for the purpose of deciding on the provision of the respective payment method. The credit report can contain probability values (so-called score values). Insofar as score values are included in the result of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. Address data, among other things, is included in the calculation of the score values. Further data protection information, including on the credit agencies used, can be found in PayPal's privacy policy: www.paypal.com/de/webapps/mpp/ua/privacy-full

c) Payment by cash or check is excluded. Should cash or checks be sent nevertheless, ProFashion GmbH excludes all liability, although this exclusion does not apply to intentional or grossly negligent action. Checks are only accepted on account of performance.

2) The customer may only set off their own claims against claims of ProFashion GmbH if the counterclaims are undisputed, recognized, or have been legally established. The customer is only authorized to exercise a right of retention insofar as a counterclaim is based on the same contractual relationship.

9. Data Protection and Credit Check

1) The personal data collected from the customer will be passed on to the transport company commissioned with the delivery as part of the contract processing, insofar as this is necessary for the delivery of the goods. All data will, of course, be treated confidentially. The data is collected, stored, and used in accordance with the respectively applicable data protection regulations of ProFashion GmbH. These data provisions are available here in a printable format.

10. Agreement on the Use of Trusted Shops Buyer Protection

You can secure orders placed with us free of charge up to an order value of 100 Euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops offers paid protection together with a guarantor. The Trusted Shops buyer protection conditions apply, which you can find here. Buyer protection is concluded by clicking on the appropriately labeled button on the so-called Trustcard, which appears as a pop-up on the order-thank-you page after an order has been placed. 

If you are already registered for buyer protection, your order will be automatically secured (automatic buyer protection) without you having to click the button. To be able to offer you (automatic) buyer protection, the Trustcard must access order data stored in your browser's cache. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. 

If you are already registered for buyer protection, your order will be automatically secured. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.

11. Final Provisions

All contracts between ProFashion GmbH and the customer shall be subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies insofar as it does not deprive the consumer of mandatory applicable consumer protection provisions of the state in which the consumer has their habitual residence at the time of their order.

12. Complaint Procedure & Dispute Resolution

We declare our willingness to participate in a dispute resolution procedure before a consumer arbitration board. The willingness to resolve conflicts in this respect exists from a dispute value of 100 EUR. The responsible arbitration board is the Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Straßburger Straße 8, 77694 Kehl, Telephone +49 7851 79579 40, Telefax: +49 7851 79579 41, www.verbraucher-schlichter.de, E-Mail: mail@verbraucher-schlichter.de.

13. Anbieter der Website

The website offered under the domain bettybarclay-group.com is operated by

ProFashion GmbH
Heidelberger Str. 9-11
D-69226 Nußloch

Local Court (Amtsgericht) Mannheim: HRB 337468
VAT identification number: DE 186465244

Legally represented by the Managing Directors:
Robert Küper
Manfred Plaar

e-mail: info@bettybarclay.com

If you have any further questions, we are also available by telephone from Monday to Friday from 8:00 a.m. to 6:00 p.m. on +49 (0) 800 0004760 (German landline) or by e-mail at service.de@bettybarclay.com.