General Terms and Conditions

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General Terms and Conditions of Held Fashion Retail GmbH  

(Version 01.09.2024) 

§ 1 Scope and Definitions 
§ 2 Conclusion of Contract 
§ 3 Prices, Retention of Title 
§ 4 Payment Methods and Invoicing 
§ 5 Special Provisions for Personalised Products 
§ 6 Right of Withdrawal 
§ 7 Shipping and Delivery
§ 8 Redemption of Promotional Vouchers/Codes without Minimum Purchase Value
§ 9 Redemption of Promotional Vouchers/Codes with Minimum Purchase Value
§ 10 Transport Damages
§ 11 Warranty and Liability
§ 12 Limitations towards Businesses
§ 13 Data Protection and Credit Checks
§ 14 Applicable Law
§ 15 Severability Clause
§ 16 Complaints & Dispute Resolution
§ 17 Website Provider

§ 1 Scope and Definitions

1. These General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses.
2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity.
3. A business is a natural or legal person or a partnership with legal capacity acting in the course of its commercial or self-employed professional activity when concluding a legal transaction.
4. For businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby expressly rejected. They shall only become part of the contract if we have expressly agreed to them in writing.

§ 2 Conclusion of Contract

1. If a purchase contract is concluded, it is concluded with:

Held Fashion Retail GmbH
Hans-Hofmann-Str. 11
95213 Münchberg

Legally represented by: Carolin Kittel

2. The following provisions apply to all types of products. All information on the platform is exclusively an invitation to purchase. Your order is an offer to purchase the products listed in your order. You agree to this.
3. All orders require our confirmation. We reserve the right to confirm or reject any order at any time without stating reasons and without liability towards you or third parties.
4. Once you place an order, we will send you an order confirmation by email containing your order number, details of the products offered for purchase, and delivery information. Acceptance of your order and the conclusion of a purchase contract only occur when:

a. you receive confirmation that the products have left our warehouse, or

b. you receive information from us or a shipping provider that your products are available for collection at a pickup point or at our business address, depending on the chosen shipping method.

5. If a product is unavailable despite timely procurement by Held Fashion Retail GmbH for reasons beyond our control, we will inform you immediately and refund any payments made without delay.
6. If multiple items are ordered together and cannot be shipped together due to temporary unavailability, we will deliver them as available. Delivery times will be indicated during the checkout process.
7. Held Fashion Retail GmbH only accepts orders from customers who are at least 18 years old, subject to the provisions in § 2.
8. The contract language is German.

§ 3 Prices, Retention of Title

1. Our prices are stated in euros and include the applicable VAT. Discounts or special offers may be limited or discontinued at any time.
2. The prices stated in the online shop at the time of the order apply unless otherwise agreed.
3. We are entitled to charge shipping costs, which vary depending on the product. Further details can be found under the “Payment and Shipping” or “Payment” tabs.
4. All products remain the property of Held Fashion Retail GmbH until full payment of all amounts due. Prior to transfer of ownership, you may not sell, alter, dispose of, or encumber the products.

§ 4 Payment Methods and Invoicing

1. Information about available payment methods can be found under the “Payment and Shipping” tab or “Payment” and “Shipping”.
2. In accordance with our privacy policy, we reserve the right to perform individual credit checks before accepting orders and to exclude certain payment methods based on the results.
3. We issue invoices either in paper form or electronically. You agree to both forms of invoicing.

§ 5 Special Provisions for Personalised Products

1. Personalised products include:

a. products you customise by submitting content (photos, graphics, text, names, etc.)

b. products personalised using one of our configurators

c. products like fabrics cut to your requested length

2. No right of withdrawal applies for personalised products in accordance with § 6 of these GTCs (§ 312g Para. 2 No. 1 BGB).
3. Products containing submitted content (e.g., images, designs, names) must not:

a. contain names of products, services, companies, or events owned by third parties

b. violate trademarks, copyrights, or usage rights of third parties

c. feature images or names of famous or deceased individuals

d. be threatening, incite violence, defamatory, obscene, sexually explicit, discriminatory, or otherwise unlawful

e. be deemed generally unacceptable by us

4. We reserve the right to cancel orders containing such content and may claim damages where proven.
5. You agree to indemnify Held Fashion Retail GmbH and its affiliates against any liabilities or losses arising from unauthorised content submitted by you.
6. You grant us a non-exclusive, revocable, royalty-free, global, and sublicensable licence to use, reproduce, adapt, and disclose the submitted content solely for fulfilling your order.

§ 6 Right of Withdrawal

1. Right of Withdrawal

As a consumer, you have a right of withdrawal. The conditions and consequences are explained below.

Right of Withdrawal

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

The withdrawal period is fourteen days from the day you or a third party designated by you (who is not the carrier) take possession of the goods. If multiple goods are delivered separately under one order, the withdrawal period begins upon receipt of the last item.

To exercise your right of withdrawal, contact us at:
Held Fashion Retail GmbH
Hans–Hofmann–Str. 11
95213 Münchberg
shop@tuzzi.de
Fax: +49 (0) 9251 447 355

You may use the sample withdrawal form, though it is not mandatory.

It is sufficient to send your withdrawal notice before the deadline to meet the withdrawal period.

2. Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery charges (except for any extra costs resulting from choosing a delivery method other than our standard delivery), within fourteen days of receiving your withdrawal notice.

The refund will be made using the same payment method as your original transaction unless otherwise agreed, and you will not be charged fees for the refund.

We may withhold the refund until we have received the goods back or until you provide proof of return, whichever is earlier.

You must return the goods promptly and in any case no later than fourteen days from the day you notify us of your withdrawal to:

Held Fashion Retail GmbH
Hans–Hofmann–Str. 11
D - 95213 Münchberg

We cover the return shipping costs.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to examine their nature, characteristics, and functioning.

End of withdrawal information

§ 7 Shipping and Delivery

1. Delivery is only available within the Federal Republic of Germany. We deliver only to residential or business addresses or to parcel shops. If delivery fails, you agree that the courier may leave the parcel with a neighbour or nearby location. This fulfils our delivery obligation. The courier will inform you of the alternative delivery location. Risk passes to you upon handover of the goods, regardless of whether shipment is insured.
2. Shipping takes place on working days, excluding public holidays at our warehouse location. No deliveries occur on public holidays.
3. Further information, including shipping costs and delivery times, can be found on the "Payment and Shipping" or "Shipping" pages in our online shop.
4. Shipping costs are listed separately and are borne by the customer, unless free shipping has been offered.
5. All delivery times are approximate and not binding deadlines. No compensation can be claimed for delays. We may, at our discretion, refund express delivery costs in the unlikely event of a delay. Note that different delivery times apply to personalised items.
6. We may make partial deliveries to expedite your order. No additional costs will arise unless you request partial delivery, in which case extra shipping charges may apply. Each partial delivery constitutes a separate purchase contract. A defect or delay in one delivery does not entitle cancellation of others.
7. If we are unable to deliver ordered products or parts thereof after the conclusion of the purchase contract for reasons beyond our control, we may terminate the contract. You will be informed immediately and receive a full refund.

§ 8 Redeeming Promotional Vouchers/Codes and Vouchers/Codes without Minimum Purchase Value

1. If it is possible to use promotional vouchers/codes or vouchers/codes without a minimum purchase value during the ordering process, the following procedure applies:

• The input field for vouchers/codes appears after the first step of the checkout process in the “Shopping Cart”

• Click on “I have a voucher” – a field for entering the voucher code will appear

• Enter the voucher code into the field

• Confirm your entry by clicking the button located to the right of the input field

The voucher amount will then be immediately applied to the total amount in your shopping cart.

2. The following conditions apply to the redemption of vouchers/codes:

a. Only one voucher/code may be redeemed per order

b. Multiple vouchers/codes – especially those from different campaigns – cannot be combined

c. Vouchers/codes can only be redeemed during the checkout process; retroactive application is not possible

d. Cash payment of vouchers is excluded

e. The resale of vouchers/codes is not permitted

f. Voucher campaigns have a limited validity period as stated on the voucher and/or code. Once the promotional period ends, the code can no longer be redeemed. Extensions are not possible

§ 9 Redeeming Promotional Vouchers/Codes and Vouchers/Codes with Minimum Purchase Value

1. If it is possible to use promotional vouchers/codes or vouchers/codes with a minimum purchase value during the ordering process, the following procedure applies:

• The input field for vouchers/codes appears after the first step of the checkout process in the “Shopping Cart”
• Click on “I have a voucher” – a field for entering the voucher code will appear
• Enter the voucher code into the field
• Confirm your entry by clicking the button located to the right of the input field

2. The following conditions apply to the redemption of vouchers/codes with a minimum purchase value:

a. Only one voucher/code may be redeemed per order

b. Multiple vouchers/codes – especially those from different promotional campaigns – cannot be combined

c. Vouchers/codes can only be redeemed during the ordering process. Retroactive crediting is unfortunately not possible

d. Cash payment of vouchers is excluded

e. Resale of vouchers/codes is not permitted

f. Voucher promotions have a limited validity period stated on the voucher and/or code. After the promotional period has ended, the voucher code can no longer be redeemed. An extension is not possible

g. Promotional vouchers require a minimum purchase value for redemption, which is always indicated on the voucher along with the code

h. Minimum purchase value (“from a purchase of…”) means a binding contract must be concluded and carried out for this amount, even after any potential exercise of your right of withdrawal. If the total value of your order falls below the required minimum due to withdrawal or return, the voucher/code cannot be redeemed. If the minimum purchase value of another voucher/code from the same promotion with a lower threshold is still met, that voucher will be applied automatically. If no threshold is met, the full amount for the purchased items must be paid without any deduction

§ 10 Transport Damage

1. For consumers:

a. If products are delivered with obvious transport damage, please contact the carrier directly and report the damage. Please also inform us as soon as possible

b. Failure to file a complaint or contact us has no consequences for your statutory rights or their enforcement, in particular your warranty rights

2. For business customers:

a. The risk of accidental loss or accidental deterioration passes to you as soon as the products have been handed over to the shipping company, freight carrier or other person or institution assigned to carry out the shipment

The statutory warranty provisions apply.

2. The customer may request subsequent performance in the form of defect removal or replacement delivery. However, Held Fashion Retail GmbH is entitled to refer the customer to a replacement delivery if the defect removal would involve disproportionately high costs. Warranty claims expire 2 years after delivery of the goods.

3. The customer should assert their warranty claims by stating the order number, their name and address, along with a brief description of the reasons. At the request of Held Fashion Retail GmbH, the customer shall send the defective goods for inspection, at the cost and risk of Held Fashion Retail GmbH, to the following address: Held Fashion Retail GmbH, Hans-Hofmann-Straße 11, 95213 Münchberg.

4. Nothing in these conditions excludes or limits our liability for the following:

a. Death caused by our negligence

b. Personal injury caused by our negligence

c. Fraud or fraudulent misrepresentation

d. Any matter for which it would be unlawful to exclude or limit our liability

5. Should we violate the terms relating to gift cards, and you suffer foreseeable damage as a result of this breach or our negligence, we will be held liable.

6. Damage is foreseeable if it was an obvious consequence of our breach at the time the contract was concluded or your order was placed.

7. We shall not be liable for losses that are not foreseeable.

§12 Limitations Regarding Business Customers

1. For business customers, only our own or the manufacturer's product specifications shall apply to agreements concerning product characteristics, to the extent these are included in the contract. We accept no liability for differing claims made elsewhere about the characteristics of the products.

2. The limitation period for defect claims on newly manufactured products is one year from the transfer of risk. The statutory limitation periods for recourse claims under § 445a BGB remain unaffected.

3. If merchants fail to comply with the inspection and notification obligations set out in § 377 HGB, the goods shall be deemed approved. This does not apply if the defect could not have been detected during the inspection or if we fraudulently concealed the defect.

4. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The UN Sales Convention (CISG) is excluded. 

§13 Data Protection and Credit Check

1. Held Fashion Retail GmbH uses the customer's personal data solely in accordance with the provisions of applicable German and European data protection laws. Details on the use of personal data can be found in the privacy policy: Privacy | TUZZI

2. Held Fashion Retail GmbH reserves the right, in cases of legitimate interest, to carry out a credit check based on customer data. For this purpose, Held Fashion Retail GmbH transmits the personal data required for the credit check (name, date of birth, address, and bank details) to the credit agency Bürgel Wirtschaftsinformationen GmbH & Co. KG, P.O. Box 500 166, 22701 Hamburg. This agency calculates the credit risk or the statistical probability of payment default (scoring) using mathematical-statistical procedures. Based on this credit information, Held Fashion Retail GmbH decides whether payment by invoice is possible.

§14 Applicable Law

All legal transactions between the customer and Held Fashion Retail GmbH are governed by the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). This choice of law does not withdraw the protection granted to the customer by mandatory provisions of the law of the customer’s country of residence (principle of favorability).

§15 Severability Clause

Should individual provisions of these general terms and conditions be or become wholly or partially legally invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, the statutory provisions shall apply. The same applies in the event that these general terms and conditions contain an unforeseen omission.

§ 16 Complaints Procedure & Dispute Resolution

1. Under applicable law, we are obliged to inform consumers about the existence of the European Online Dispute Resolution platform, which can be used to resolve disputes without the need to involve a court. The European Commission is responsible for setting up the platform. You can find the European Online Dispute Resolution platform here: http://ec.europa.eu/odr.

2. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and have therefore decided against voluntary participation.

§ 17 Website Provider

The website offered under the domain www.tuzzi.de is operated by:

Held Fashion Retail GmbH
Hans-Hofmann-Straße 11
D-95213 Münchberg

Register Court: Amtsgericht Hof, HRB 3473
Tax Number: 223/159/57005
VAT Identification Number: DE 224925645

Legally represented by the Managing Director:
Carolin Kittel

Operationally responsible:
E-Commerce Management
Johannes Diehl
Hans-Hofmann-Straße 11
D-95213 Münchberg

Phone: +49 (0) 9251 447 245
Fax: +49 (0) 9251 447 355
Email: shop@tuzzi.de

If you have any further questions, you can contact us by phone from Monday to Friday between 8:00 a.m. and 4:00 p.m. at +49 (0) 9251 447-0 or by email at shop@tuzzi.de.

Last updated: 01.09.2024