General Terms and Conditions (GTC) of MOTION E-Commerce GmbH
1. Scope
1.1 By agreeing to the GTC when ordering, you agree to their validity.
1.2 We will process your order in accordance with our General Terms and Conditions valid at the time of the order.
2. Conclusion of Contract
You can order from us via our homepage (Internet).
Our offers on our homepage (Internet) and in our catalog are non-binding. By ordering the desired goods, you are making a binding offer to conclude a purchase contract for the purchase of the product in question. Immediately after receiving an offer, we will send you a confirmation of receipt of the offer, which does not yet constitute acceptance.
We will accept or reject your offer within a reasonable period of time (but in any event within 14 calendar days) by sending you an order confirmation (by post or email). Your order is only deemed to have been accepted when we have accepted it by order confirmation. If we do not accept your offer within 14 calendar days, the offer is deemed to have been rejected. No purchase contract is concluded for products that are not listed in the order confirmation.
Your order data, including these terms and conditions, will be saved by us after the contract has been concluded for the purpose of executing the contract. You can archive the order data by saving the web page that is displayed when you complete your order and/or by saving our email confirming receipt of your order in our online shop.
As long as our terms and conditions in this version are applicable to the conclusion of purchase contracts via our online shop, you can access them via our website under “Terms and Conditions”. You can print out and save the terms and conditions by using the usual functions of your internet service software (browser, e.g. under “File” and “Save as”).
We provide the customer with appropriate, effective and accessible technical means that enable the customer to identify and correct input errors before placing his order. Before submitting his order, the customer can view and change the order data by clicking on the "Shopping Cart" button or a button with a similar symbol .
3. Delivery
We ship goods marked as "available for delivery" no later than the 3rd working day (the day on which we hand over the goods to the shipping company is decisive) after
a) the day of receipt of the full purchase price including VAT and shipping costs, if delivery against advance payment has been agreed, or
b) if payment by cash on delivery, invoice or credit card has been agreed, the day on which the purchase contract is concluded.
We generally assume that delivery of the goods to addresses within the Federal Republic of Germany and Poland takes approx. 1 to 3 working days. At this time, we do not ship to other European countries or destinations outside Europe. However, we are actively working to expand our shipping options and aim to provide delivery to additional locations in the future. Delivery times for non-European countries will depend on the chosen shipping method (airmail, land, or sea) and the recipient’s location once these options become available
If, in exceptional cases, an item is not available or not available so quickly, we will inform you of the delivery date as soon as possible and before the order is confirmed, or alternatively that the delivery cannot take place. We reserve the right to make a partial delivery if this appears advantageous for a quick processing and is reasonable for you. If a partial delivery is made, we will of course cover the additional shipping costs. This will not incur any additional costs for you.
If, after sending the order confirmation and through no fault of our own, we are unable to deliver the goods you have ordered because our supplier does not meet its contractual obligations, we expressly reserve the right to withdraw from the contract. In this case, we undertake to inform you immediately of this fact and to reimburse you immediately for any services already provided. However, such a right of withdrawal only exists if we have actually concluded a corresponding hedging transaction with our supplier.
4. Right of Withdrawal
You have the right to withdraw from this contract within thirty (30) days without giving any reason.
However, the returned items must not show any signs of use. To exercise your right of withdrawal, you must inform us, MOTION E-Commerce GmbH, email: info@motion-fashion.de , by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. By means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send your notification of the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you. For this refund, we will use the same means of payment that you used for the original transaction. We may refuse to refund until we have received the goods back. In the case of a return via DHL, the return address is: Leo Digital SP. Z O.O. Panattoni Park, Niesięcin 17, 95-050 Konstantynów, Łódzki, Poland. The user only has to pay for the loss of value of the goods if this loss of value is due to an error in checking the goods.
Please use our FREE return label, which is included in every package, to return the goods. If this is not in the package, simply contact us by email: info@motion-fashion.de
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back.)
–
To
MOTION E-Commerce GmbH,
Christoph-Probst-Weg 4
20251 Hamburg
–
I/we hereby revoke (*) _________________________________________
the contract concluded by me/us (*) for the purchase of the following
Were
Ordered on (*)/received on (*) _________________________________________
Order number _____________________________________________________
Name of consumer(s) _________________________________________
Address of the consumer(s) _______________________________________
Signature of the consumer(s) (only if notification is on paper)
______________________________
Date
(*) Delete as appropriate
Return address:
Leo Digital SP. Z O.O.
Panattoni Park
Niesięcin 17
95-050 Konstantynów Łódzki
Poland
5. Prices
All prices quoted are in euros and include VAT. Postage and shipping costs are added as shown in the list below under point 6.
The prices listed in the offer at the time of ordering apply.
6. Shipping costs
Here you will find all information about shipping costs for deliveries within the Federal Republic of Germany, the outward and return shipping is free for the customer. We currently only deliver within the Federal Republic of Germany. We will soon be expanding this to include neighboring European countries. Sign up for our newsletter and find out when the time comes.
7. Payment Terms
We accept payments via Shopify Payments, which supports various payment methods, including Visa, MasterCard, American Express, Apple Pay, Google Pay, Klarna, Shop Pay, Union Pay, and Maestro.
a) Credit and Debit Card Payments
We accept Visa, MasterCard, American Express, and Maestro. When placing an order, you will need to provide your card number, expiration date, and security code (CVV). Your card will be charged at the time of purchase, and you will receive an order confirmation via email.
b) Digital Wallets and Alternative Payment Methods
You can complete your purchase using Apple Pay, Google Pay, Klarna, Shop Pay, or Union Pay. These payment methods offer a secure and convenient checkout experience, allowing you to complete your transaction without manually entering payment details.
All transactions are securely processed through Shopify Payments, ensuring your payment information remains protected.
8. Warranty
The warranty is based on the statutory provisions. In the event of a complaint, we ask for proof of the purchase date by means of an invoice and to send the complained item together with a copy of the invoice to Motion E-Commerce GmbH, Christoph-Probst-Weg 4, 20251 Hamburg. Normal wear and tear of the goods does not constitute a warranty claim.
9. Care
Please follow the washing instructions that you will find on the labels of the items. We are not responsible for damage caused by incorrect cleaning.
10. Retention of Title
All delivered goods remain our property until full payment has been made.
11. Personal Data
See our privacy policy
12. Right of objection according to the General Data Protection Regulation (GDPR)
See our privacy policy
13. Applicable Law
All disputes arising from or in connection with this agreement shall be governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contracts with consumers), this choice of law shall only apply to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the state in which the consumer has his or her habitual residence.
Legal notice: Link to the European Commission platform in accordance with the Regulation on online dispute resolution in consumer matters.
14. Provider Information
Motion E-Commerce GmbH Managing Director: Daniel Dutta, Christoph-Probst-Weg 4, 20251 Hamburg Tel.: +49 40 211 079 713 Register court: Hamburg District Court Register number: HRB 94138 VAT ID No.: DE814467633 Tax office HH-Nord Tax number 49/744/00737
ATTACHMENT
Mandatory information for customers in electronic commerce contracts (according to Section 312i Paragraph 1 Sentence 1 No. 2 BGB in conjunction with Art. 246c EGBGB)
1. The individual technical steps that lead to the conclusion of a contract in electronic commerce are described in section 2 of our General Terms and Conditions.
2. Information on whether the contract text is stored by the entrepreneur after the conclusion of the contract and whether it is accessible to the customer is provided under section 2 of our General Terms and Conditions.
3. How the customer can identify and correct input errors before submitting his declaration of registration is explained in section 2 of our General Terms and Conditions.
4. The contract is concluded in accordance with Section 1.3 of our General Terms and Conditions in German.
5. We have not submitted ourselves to any codes of conduct.
Effective Date: 23th day of August 2024