Conditions of Use
In order to purchase goods at 4sale eCommerce Limited (hereinafter referred to as “4sale Ltd” or “Company”), you must be over 18 years of age. By placing your order, you agree on the terms and conditions for the purchasing of goods at 4sale Ltd as set out below.
Contract language
The contract language is German for 4SALE-FASHION.DE
§ 1 Scope of Application
For the business relation between 4sale Ltd and the buyer, it is agreed upon that in every case the valid version at the time of contract execution is definitive. 4sale Ltd does not acknowledge any differing terms and conditions of the buyer, unless it has agreed to do so expressly and in writing.
4sale Ltd sells exclusively proprietary brands in the categories luxury and first-class, which will be delivered directly by their manufacturers or dealers and have been selected due to their close quality control. 4sale Ltd assumes the ordering and payment procedures either on its own behalf, or on behalf of the vendor. The purchasing contract is therefore closed between the buyer and the seller. In linking other sites with products of third parties, their terms and conditions apply to the payment, delivery and right of withdrawal. These rules and regulations will be made visible to our customers well in advance. 4sale Ltd does not sell used or counterfeit products, or items whose quality is below industry standard or which is inferior to that of comparable products. An exception to this rule is vintage clothing, which is displayed separately on this website. As they may have previously been used, they might have signs of wear. 4sale Ltd takes every effort to be as exactly as possible in describing the current state of its vintage items, it should be clear that these items do not meet the standards of contemporary clothing.
The visual depiction of items on our website may partly or entirely differ from the goods delivered to our customers. We therefore consider the display of items to be symbolic depictions of actual items. 4sale Ltd adverts to the difficulty to properly reproduce the item’s natural colours on our website. 4sale Ltd attempts to depict the products as exactly as possible and close to the original; however has no influence on monitor settings and resulting differences in colour.
§ 2 Closing a Contract
When you place an order with 4sale Ltd, we shall email you an acknowledgement. The buyer is bound to his or her order made in writing, via telephone, through an online auction, or via email for a period of 14 days. The prices of the day the item was ordered are binding for the purchase, which will again be outlined in the fulfilment confirmation. The order will be accepted only after the acknowledgement of the order or the shipping or delivery of goods. Through this procedure, the contract of sale can be processed within a week's time.
At online public sales at auction, a contract of sale is automatically closed between the highest bidder and the seller at the closing of the auction. In the event of purchasing items through other online sales channels, such as EBay and OneTwoSold & Co., their respective terms and conditions apply.
§ 3 Reservation of Delivery
4sale Ltd reserves the right to be out of stock, change prices and to make mistakes in printing and typography. 4sale Ltd reserves the right to cancel orders for cause.
All offers are subject to change, availability and reservation of timely self-supply. The failure to comply with delivery deadlines due to partial or entire non-availability of the goods provides the customer to cancel the order after setting a two-weeks period of grace. Any further rights shall not be provided to the customer.
Delivery of goods is subject to availability. We strive towards guaranteeing the availability of our products as offered in our shops by regularly updating our online database. 4sale Ltd reserves the right to withdraw from a contract of sale (see § 346 ff German Civil Code (BGB)). This may be the case after repeated problems due to consignment, delivery or returns. We further reserve the right to check your personal data.
In the event that an item is not available for reasons beyond the control of 4sale Ltd, which would be the case when the manufacturer or supplier has not properly send the article, or an unforeseen rise in demand has made the item out of stock, 4sale Ltd reserves the right either to cancel the order, or deliver only the part of the order that is available.
§ 4 Right of Revocation
Right of Revocation
End users can cancel their order within 2 weeks following acceptance of order in written form (via letter mail, fax, or email) or by returning their purchased goods via our returnBOX Return Management System of our Service Centre Department without giving reasons. Exceptions apply to buyers purchasing the goods for commercial purposes or for reasons to do with independent or freelance work. The cancellation period shall commence at the earliest on receipt of a separately sent written notice of cancellation, but not before the acceptance of the goods by the customer (in case of repeated deliveries of the same goods, not before the receipt of the first partial delivery) and also not before the fulfilment of our obligation to inform you according to articel 246 § 2 i.V.m. § 1 Abs. 1 and 2 EGBGB and § 312 e Abs. 1 Satz 1 BGB in connection with articel 246 § 3 EGBGB. In order not to exceed the cancellation period, timely mailing of revocation or the goods shall suffice. Notice of cancellation must be received in writing on or before the appropriate date.
Please note: Since the delivery of goods will proceed from different storehouses, logistical reasons require the buyer to always and exclusively return goods via our returnBOX Return Management System.
The function Pickup via Point-and-Click you will find at our shop’s Service Centre Department. Returns within Germany will be picked up by our logistics partners, and will be free of charge. If you wish to return goods by using a different channel for returning goods, we assume no liability for the returning of goods and for damaged or lost items.
Foreign Customers: We appreciate your understanding of the fact that, in compliance with the right to return goods, customers with delivery addresses outside Germany must take return shipments into their own hands after notification of their intention to do so and bear the costs for delivery and package.
Please send us none unannounced or/and non-free good return.
Revocation by foreign customers must be addressed to: 4sale eCommerce Ltd, Return Service, Landshuter Allee 130A, 80637 Munich /DE or via email to return (at) 4sale-fashion.de or via fax: +49 (0)3212 103 55 26.
For items that are custom made products or which are not suitable for return shipment due to their nature, no refunds or exchanges can be made unless there is a manufacturing defect. Furthermore, for hygienic reasons, underwear, swimwear and hosiery will be non-returnable if the original hygiene seal has been removed.
Revocation Consequences
In the event of a valid revocation, each party shall return to the respective other party the benefits received. If you cannot at all return the benefits you received by us or only partially or in a worse condition, you will have to pay compensation for this. This does not apply for returns of benefits, when the degradation has been caused by an examination of the items which is likewise to the examination in a store.
You must return items in a new and unused condition, which implies that you must retain from removing original barcode tag of any kind. In case of a lowered value of the item to be returned (due to obvious signs of intensive or extensive wear and tear) or in case of loss before return shipment, you will have to pay compensation for this.
By the way, you can avoid compensation by not using the items like your own and by refraining from anything that can cause a degradation of the item’s value. We therefore strongly recommend you wearing some pieces of clothing beneath when entering the dressing room!
For return shipments, please use the original box. Your right of revocation remains unaffected whether you use the return form and the original box or not.
If you have received a defective, damaged, or incorrect item, your warranty conditions shall not be affected by your power of revocation.
End of Power of Revocation
§ 5 Notice of Defects
Customers who have accepted goods with apparent defects are required to notify us about this in writing or vial email, and within 2 weeks commencing with date of delivery. Any later notification will result in the forfeiture of warranty claims regarding apparent defects.
4sale Ltd assumes responsibility for the perils of transport up to the delivery address. If the goods received have been damaged during transport, please make use of your right of exchange or revocation.
Defects that were not detectable within this time limit must immediately be made known to the seller in writing or via email to the address you will find under “contact.”
In cases of justified claims concerning defects, 4sale Ltd grants the respective customer to choose between rectification or replacement of the product.
If the selected type of subsequent performance can only be accomplished by spending excessive amounts of money on the seller’s side, 4sale Ltd reserves the right to deny subsequent performance.
If rectification or replacement fails to be accomplished, the customer has the right to reduce the purchase price or to perform redhibitory action of the purchase contract.
For items designated as used articles (i.e. vintage goods), we grant a warranty of 1 year. Further requirements of any kind are excluded. Goods designated, and exclusively sold, as historically valuable pieces without performance guarantee are excluded from warranty liability.
If any of the goods do not conform with the above warranty 4sale Ltd shall at its option repair or replace such goods (or the defective part) or refund the price of such goods provided that, if 4sale Ltd so requests, the customer shall, at 4sale Ltd’s expense, return the goods or the part of such goods which is defective to the company. 4sale Ltd shall not be liable for a breach of the above warranty if the defect arises because the customer's mis-use, general wear and tear or if the customer or their fitter failed to follow the company's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods, or if the customer or their fitter alters or repairs such goods without the written consent of 4sale Ltd. In these latter cases, if the customer has not agreed in writing to cover the full costs of both shipping and repair, the goods will be sent back to the customer.
Cases of unjustified warranty and guarantee claims, which are based on intent or an act of gross negligence, are subject to additional charges in order to cover costs incurred.
§ 6 Refund of Purchase Prices after Return
The returning of goods results in the termination of the purchasing contract, and their crediting to your account upon receipt and examination of the goods delivered. If the item was paid with credit card, the credit will appear as “credit entry” at this card. Depending on credit card supplier, duration of return remittance may vary. This may take a few weeks. If agreed payment method was cash on delivery or advance payment, 4sale Ltd will credit the account the customer has registered with. In order to proceed, the customer must make known his or her account via email or separate letter (see privacy statement).
We do not refund delivery charges, except in cases where the item has been found faulty. In case of termination of the contract, the customer is charged with return costs. If goods are returned without the proper postage, additional costs for delivery will be charged against the credit.
There will be no right of refund of the exact purchase price, if the degradation has been caused by an examination of the items which is likewise to the examination in a store, damages to the goods or their packages, or through other circumstances, which the customer is responsible for. The consumer shall be liable for any cost of a decrease of value as described above. If the decrease of value renders any resale of the item nearly or completely impossible, 4sale Ltd reserves the right to decline the returning of this item. Where technically possible, our products are provided with a tag that is one-time sealed and to be used for refund purposes (shoes and boots are provided with a sticker). If the customer examines the product in a store or if examination of the item is likewise to the examination in a store, the tag and its seal must not be removed. 4sale Ltd reserves the right to deny return of items with a broken seal or removed tag.
§ 7 Prices and Terms of Shipment and Delivery
Customers who have ordered items at 4sale Ltd can pay either cash with order or via the online payment service ClickandBuy. In any case, 4sale Ltd or third parties will not have access to your data. Except in cases where restitution has been made, the information you have provided will never be used again. Simply choose your favourite form of payment at the cash desk. Shipment and delivery of goods will be processed upon receipt of payment, which can be made either through the online platform of a payment service, or via payment in advance to an account of 4sale eCommerce Limited being made known in due time.
The prices quoted are those ruling at the time of production, as displayed on our website. Internet auctions sell to the highest bidder at the close of the auction. 4sale Ltd reserves the right to correct errors in pricing and product description.
All prices shown are cash prices in Euro and are subject to German Sales Tax (MwSt.). To customers living outside Germany, gross is for net.
Our prices do not include fees for delivery and packing. The buyer will bear these costs.
Orders will be processed in the order of their incoming. All internet orders are dispatched 7 weekdays of order and payment method confirmed (weekdays being Monday to Friday).
Goods ordered will be reserved by 4sale Ltd upon incoming of order. 4sale reserves the right to use the item reserved for other purposes if payment has not been received 10 days after the posting of the confirmation of order via email.
We usually ship items with transportation insurance included. Insured transports are registered mail and postal packages via DHL, DPD, UPS, and HERMES & Co. If the buyer expressively wishes the goods to be sent in a different way, 4sale Ltd reserves the right to transfer the substandard risk to the buyer. 4sale will select the most cost-effective shipping method if the goods purchased are of low value. Upon request of the buyer, 4sale Ltd will ship the items insured. The prices for shipment and packing of the different options for delivery will be presented to the customer at the invoice or, at internet auctions, with the purchase completion provided via email. In exceptional cases, different shipment methods could be selected if 4sale Ltd and the buyer agree upon it. Additional costs, such as those charged by local delivery service, that is, fees for delivery, rural areas or islands, or C.O.D., must be covered by the buyer.
Shipments to other countries effectuate higher charges for transportation. Customers can access the price list for shipments to the delivery address under “shipping expenses.” The customer is responsible for and bears the costs of customs clearance to countries outside the EU.
If the customer has made known the loss or damage of the shipped items according to § 4, paragraph 1, 4sale Ltd will immediately assert claim for compensation against the originator or submit a written request for investigation at the post office. As long as the cause for the loss or damage of the shipped item has not been fully confirmed or the investigation at the post office has not been completed, 4sale Ltd is not obliged to ship a replacement or refund the purchase price.
Packaging Ordinance: Recycling and take back requirements according to § 6 of packaging ordinance. According to the regulations of the packaging ordinance, we are not required to take back, manage, or recycle packages that do not display a sign of collection services (such as Green Dot of the Dual System Germany AG or "RESY”).
For further explications concerning take-back obligations, please contact us: Email: service (at) 4sale-fashion.de or service phone: +49 (0)89 420 955 504 or via sending a letter to 4sale eCommerce Ltd. – Service - Landshuter Allee 130A - 80637 Munich / DE.
4sale Ltd will provide you with the address of your local collecting site or a recycling and waste management company where you can dispose of your packages for free. 4sale Ltd will reuse these packages or dispose of them in compliance with the regulations of the packaging ordinance.
§ 8 Free Shipment and Delivery
4sale Ltd will carry the costs for delivery and package for orders exceeding € 100 and shipped within Germany. Therefore, customers pay a lump sum of € 2 for their share of the cargo insurance plus value added tax.
Cash on Delivery (currently not available!)
4sale Ltd reserves the right to charge € 25 for refusal of acceptance at cash on delivery.
Debit Advice Procedure (currently not available!)
4sale Ltd reserves the right to charge € 25 if the customer states a wrong account number, bank code number and/or account holder name and/or failed attempts to debit amounts from the named account for want of cover.
§ 9 Retention of Title
The goods shall be at the risk of the customer from the time of delivery. However, the goods shall remain the sole and absolute property of 4sale Ltd (4sale eCommerce Limited, NdL Deutschland) until the customer has paid the company for the goods in full and in cleared funds and any other debts or moneys (or the balances thereof) owed to 4sale Ltd by the customer in full and in cleared funds. The customer is not entitled to make use of the goods delivered before passage of title. The customer’s right to possession of the goods, prior to payment being made to 4sale Ltd in full, shall terminate immediately and 4sale Ltd shall be entitled to terminate the contract immediately by notice in writing to the customer, in the event that the customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors or (being a body corporate) convenes any meeting of its creditors or enters into voluntary or compulsory liquidation or there are any claims regarding the goods from third parties of any kind.
§ 10 Liability
4sale Ltd is only liable in the event of a tortious act or omission including negligence arising under or in connection with the contract of sale. 4sale Ltd’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the price. 4sale Ltd shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract of sale. Liability is limited to the resulting damage, if 4sale Ltd has not deliberately breached the contract.
If any goods are faulty or damaged or, where carried by 4sale Ltd or on behalf of the customer, are lost or damaged in transit, the customer shall submit a detailed claim in writing or via email to the Company with 48 hours of delivery describing the nature and extent of any such loss or damage to enable 4sale Ltd to make any necessary claim against the manufacturer or carrier within the relevant time limit.
4sale Ltd is not liable to interruptions of availability of goods or technical or electronic errors affecting its online platform.
§ 11 Force Majeure
4sale Ltd reserves the right to defer any date/time for delivery of the goods, to terminate the contract and/or to reduce the volume of the goods ordered by the customer, in each case without incurring any liability to the customer, if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riots, civil commotion, fire explosion, flood, epidemic, lock-outs, strikes or other labour disputes or restraints or delays affecting carriers or any inability to obtain, or any delay in obtaining, supplies of adequate or suitable materials. If the event in question lasts for a continuous period of 1 month, the customer shall be entitled to terminate the contract by notice in writing to 4sale Ltd. Any further rights shall not be provided to the customer.
§ 12 Privacy
4sale Ltd saves and stores the data of its customers automatically for data-processed services, and protects these data against access of third parties. The customer agrees with the electronic storage and processing of its data.
4sale Ltd uses the information it has collected through the registration or the purchasing process of its customers for the fulfilment and processing of the contract of sale. Our contractual partners (such as Deutsche Post AG /DHL, UPS, Hermes & Co. or the local postal services in foreign countries) receive data for purposes indispensable to deliver the goods. After the purchase, and under the fiscal law, 4sale Ltd is obliged to store the data collected.
4sale Ltd is entitled to use your data and provide information to third parties, and it will do so in accordance with the Privacy and Electronic Communications Regulations 2003 and the Direct Marketing Association (DMA) Code of Practice.
The customer allows 4sale Ltd to use the data not only for itself, but also provide its contractual partners with them for advertising and marketing purposes only.
Google Analytics
4sales Ltd uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
§ 13 Intellectual Property Rights
© Copyright 4sale eCommerce Limited. The online services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user content (the "company content"), and all intellectual property rights related thereto, are the exclusive property of 4sale Ltd and its licensors, according to § 72 of the German Copyright Act. Use of the company content or materials on the service, as provided on 4sale eCommerce Ltd, Ndl. Deutschland’s website, for any purpose not expressly permitted by this agreement is strictly prohibited. Nothing in this agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the website. Proprietary brands are the sole property of the respective proprietor. 4sale Ltd assumes no responsibility whatsoever for websites that 4sale Ltd either hyperlinks to or otherwise refers to. In particular, 4sale Ltd does not assume any responsibility for any information or content on such sites (including but not limited to any views, advice, opinions, advertising, or recommendations). Nor does 4sale Ltd assume any responsibility in connection with any product or service such sites may offer.
§ 14 General
Every contract concluded between 4sale Ltd and the customer shall comprise solely of the relevant invoice and these standard terms and conditions which shall be attached thereto and/or made available to the customer beforehand. The prices of the day the item was ordered are binding for the purchase, which will again be outlined in the fulfilment confirmation. 4sale Ltd does not acknowledge any agreements differing from those set out above, if they have not been expressly confirmed by 4sale Ltd in writing. No set off shall be allowed, except in the event that 4sale Ltd does not contest an alleged counterclaim or a counterclaim has been finally determined by court decision. Right of retention shall only exist if all mutual past, present and future claims, whether known or unknown, arise from or in connection with this agreement. All sales, deliveries and other services are subject to these terms and conditions. Purchasing information provided to the customer in advance to an order, set out the terms and conditions en detail.
§ 15 Applicable Law
4sale Ltd’s website(s) are created and controlled in Germany. As such, the laws of Germany will govern these terms of use without giving effect to any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply, even if items are ordered from or shipped to abroad. If the user is a merchant, legal entity of the public law or public separate assets or if he does not have any general place of jurisdiction in the Federal Republic of Germany, the district court or county court Munich is the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
If individual provisions of the contractual agreements – including these terms and conditions – should prove to be ineffective, this does not affect the effectiveness of the remaining provisions.
