Terms & Conditions
www.mustang-jeans.com is a service provided by
MUSTANG Store GmbH
CEO Dietmar Axt
Austrasse 10, 74653 Künzelsau, Germany
VAT identification number pursuant to Section 27 a of the Value Added Tax Act (Umsatzsteuergesetz):
DE 146278183, Commercial register at Stuttgart District Court, Register number HRB 590588
Phone: +49 (0)7940 / 9073 999
(hereafter: MUSTANG Store GmbH).
1.2 Validity of terms and conditions
All transactions occurring between MUSTANG Store GmbH and its customers are carried out under the following terms and conditions in the version valid at time of ordering, provided no individual contractual agreements are affected. Priority is given to individual contractual agreements over these terms and conditions.
1.3 Customers/users and contractors
A customer is defined in these terms and conditions as both the user and the contractor, unless specified otherwise. Pursuant to Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), a user is any natural person who carries out a legal transaction for a purpose which cannot be attributed to either their commercial or their independent occupational activities. Pursuant to Section 14 of the German Civil Code (Bürgerliches Gesetzbuch), a contractor is a natural or legal person (e.g. limited liability company, public limited company) or a private company having legal capacity (e.g. private limited partnership, civil law association, general partnership) which deals in exercising commercial or independent occupational activities when carrying out a legal transaction. A "customer" can be either male or female.
1.4 Complaints procedure
The European Commission provides a platform for online dispute resolutions (ODR). The customer can find this platform using the following link: http://ec.europa.eu/consumers/odr/
For your concerns the customer can easily contact us via the e-mail-adress firstname.lastname@example.org
2. Conclusion of contract
A purchase contract comes about when a customer provides an offer and MUSTANG Store GmbH accepts this offer. For the conclusion of a contract it is necessary that the ordering process has been completed, i.e. the customer has sent off the order to MUSTANG Store GmbH.
Placing goods in MUSTANG Store GmbH's online shop does not represent any kind of offer to anyone as defined in Section 145 of the German Civil Code (Bürgerliches Gesetzbuch). Placing goods in the online store is to be understood purely as an invitation from the MUSTANG Store GmbH to the customers to make an offer of purchase to MUSTANG Store GmbH. The customer gives MUSTANG Store GmbH an offer of purchase by ordering goods displayed in MUSTANG Store GmbH's online shop. In doing so, the customer makes a binding declaration that he/she wishes to obtain the goods in question.
The customer is bound to fulfil this offer of purchase as soon as the order is received by MUSTANG Store GmbH, generally via the electronic interface of the server receiving the order. If the "cash on delivery" payment option is chosen, the customer is bound to his/her offer for seven days.
A subsequent cancellation of the order does not void the offer if the customer cannot demonstrate a reasonably explainable error. The customer's right to return products remains unaffected.
MUSTANG Store GmbH will accept a customer offer (see point 2.1) by confirming receipt of order or by sending a separate email. MUSTANG Store GmbH will immediately declare that the customer offer has been accepted regardless of the form chosen, that is, without undue delay upon receipt of the order.
2.3 Contract exceptions
A contract is concluded under the condition that MUSTANG Store GmbH – if the goods are no longer in stock – will deliver the correct goods using the distributor in each case, on time and in the correct quantity. This condition is only valid if MUSTANG Store GmbH does not have to provide a replacement in the case of a delivery not taking place, and in particular if a so-called congruent covering transaction has been carried out in order to fulfil the obligations of the contract. If the product is not available, the customer will be informed of this by MUSTANG Store GmbH immediately. If the customer has already paid the purchase price and additional costs, these will either be refunded by MUSTANG Store GmbH immediately or they can be used towards another order, though only if the customer explicitly wishes to do this.
2.4 Technical steps for concluding the contract
In order to purchase an item from MUSTANG Store GmbH, the customer must submit an order. The following technical steps are necessary for this:
a. The customer is to first select goods from the range offered by MUSTANG Store GmbH. This is done by clicking the "Add to basket" button. The product is then added to the customer's basket. After an on-screen query, the customer can either click the "Continue shopping" button to add further items to the basket or click on the "Basket" button to go directly to the basket.
b. The customer can then click on the "Go to checkout" button. The customer will then be taken to the page where he/she can either register as a new customer, log in as an existing customer, or continue without registering. He/she will then enter the details necessary in each case.
c. By clicking on the "Buy" button, the customer is submitting a binding order to MUSTANG Store GmbH for the goods in the basket ("offer of purchase"). We refer you to point 2.2 of these terms and conditions.
d. The customer will subsequently receive an email confirming that MUSTANG Store GmbH has received the order and will check it further. We refer you to point 2.1 of these terms and conditions.
2.5 Identifying and correcting data input errors
The customer can change or delete items from the basket by using the 'basket' option in the menu. These changes can be made using the mouse. To do this, left-click on the arrow next to the quantity you wish to change and select the desired quantity, or click on the cross next to those articles you wish to remove from the basket.
By clicking on the "Continue" button, the customer will be taken to the page where he/she has the opportunity to register, if he/she is not already registered as a customer in MUSTANG Store GmbH's electronic data processing system. Here, the customer can also check and edit delivery and payment options, and can view the terms and conditions.
By clicking on the "Continue" button, the customer will be taken to the confirmation page where he/she can check and edit details once more. At this point, the customer can cancel an order; in this case no contract is concluded.
2.6 Content of contract; essential characteristics of the product
The content of the contract concluded between the customer and MUSTANG Store GmbH and therefore also the essential characteristics of the product are determined by the product description written by MUSTANG Store GmbH in the online shop, or by public announcements from MUSTANG Store GmbH, or from a subsidiary or the product manufacturer (Section 4 Para. 1 and 2 of the Product Liability Act – Produkthaftungsgesetz), in particular with regard to advertising or labelling certain characteristics of the item, unless MUSTANG Store GmbH has not recognised this announcement and it did not have to recognise that this announcement was justified in an equivalent manner at the time of concluding the contract or that this announcement could not influence the customer's purchasing decision. Individual agreements between the customer and MUSTANG Store GmbH regarding the content of the contract or the characteristics of the product have priority over the clause previously described regarding content of contract or product characteristics.
2.7 Retaining the contractual text
The contractual text will be retained after MUSTANG Store GmbH signs the contract. This text will be available to the customer. The contractual text can be requested by the customer from MUSTANG Store GmbH by e-mail and will subsequently be sent to the customer by email. Moreover, the contractual text, including terms and conditions, as well as information on returning products will be sent to the customer with the confirmation email. When a customer accesses the contractual text, this text will be saved on the customer's computer and can be accessed there until it is deleted.
2.8 Language of the contract
A contract may only be concluded in German.
3. Prices/costs, payment methods, payment date
The sale price includes VAT. If it is not possible to carry out a delivery to the customer for reasons which MUSTANG Store GmbH does not have to cover (e.g. absence of customer despite previously agreed appointment; product unable to be delivered due to size, despite dimensions being stated clearly and understandably in product description), then the customer is to bear additional costs for the failed delivery attempt.
Depending on the individual legal regulations of the country in which the buyer is resident, import charges, which the buyer is to pay, may be added to the purchase price. Import charges include customs duties, import sales tax, and special purchase taxes, such as for brandy or tobacco products. Charges or taxes which are to be paid as part of transnational trade with third countries are counted as customs duties. There are no customs fees to be paid within the European Union. MUSTANG Store GmbH recommends that customers obtain information themselves on import charges from their national customs agency.
3.3 Payment date for purchase price/delay
If the "pre-payment" option is selected then, unless otherwise agreed, the purchase price is payable immediately after MUSTANG Store GmbH accepts the customer's offer of closing the contract (cf. clause 2.2). If this acceptance takes the form of a product being delivered, then the time for payment begins when the customer receives the product and an orderly invoice.
3.4 Handling of payments
The customer only has the following payment possibilities: Pre-payment in the form of an advance bank transfer, invoice upon delivery, payment via the PayPal or sofortueberweisung.de payment services, or credit card. Other payment methods are not offered and will be rejected. In the case of advance bank payment, the billed amount is to be transferred to the named account in advance once the invoice containing all the information for the transfer is emailed to the customer. In the case of invoice upon delivery, the billed amount is to be transferred to the named account once the invoice containing all the information for the transfer is sent to the customer along with the delivery. Using a trust service/payment service provider allows the provider and customer to handle payment amongst themselves. Here, the trust service/payment service provider forwards the customer's payment to the provider. Further information can be found on each trust service/payment service provider's website. When paying by credit card, the customer must be the cardholder. The credit card will be charged once the product has been dispatched. The customer is obliged to transfer or pay the disclosed amount to the account named on the invoice within 14 days of receiving the invoice. Payment is to be made from the invoice date without delay. The customer only enters into default after a warning.
Forwarding personal information for credit checks
By agreeing to these terms and conditions and by submitting an order, you consent to our payment handler, CommDoo GmbH, Bebericher Str. 23, 41063 Mönchengladbach, Germany, acting under our instruction and with consideration for interests of yours which are to be protected, forwarding personal information required for carrying out credit checks on your payment history as well as information required for assessing payment default risks on the basis of mathematical-statistical processes using address data (scoring) to Infoscore Consumer Data GmbH, Rheinstr. 99, 76532 Baden-Baden, Germany. Required data in this instance means surname, date of birth, address, sum of debts, and payment period for debts. We can choose which payment methods to offer you based on this information.
4. Passing of risk
4.1 Passing of risk for users
If the customer is a privately trading user pursuant to clause 1.3 of these terms and conditions, the risk of accidental loss and damage to the product is transferred to the customer when said customer accepts the product.
4.2 Passing or risks for companies
If the customer is a commercially acting company pursuant to clause 1.3 of these terms and conditions, the risk of accidental loss and damage to the product is transferred to the customer when the product is delivered to the company contracted to carry out the delivery; only in this case (that the purchaser is a company) is the place of execution MUSTANG Store GmbH's headquarters.
4.3 Passing of risk in cases of default of acceptance
The risk in this case is transferred to the purchaser if said purchaser enters into default of acceptance.
Delivery is carried out by sending the product from the warehouse to the delivery address provided by the customer. The delivery address may be different to the billing address. If no delivery address is given, the product will be delivered to the billing address. MUSTANG Store GmbH refers you here to the reservations of self-supply (compare 2.3).
6. Customer service
MUSTANG Store GmbH's Customer Service Department is available for questions and complaints MON. TO FR. FROM 08.00 - 20.00
Contact details can be found under point 1.1.
7. Reservation of proprietary rights
MUSTANG Store GmbH retains ownership of the item being sold until the purchase price has been paid in each case.
8. How to return your product
Right to return products
You have the right to return a product within fourteen days without providing reasons. The return period is fourteen days starting on the day on which you or a third party named by you who is not the promoter have/has taken possession of the goods. In order to exercise your right to return you must inform us (see contact details below) of your decision to return your products in the form of a clear declaration (e.g. a letter, fax, or e-mail).
MUSTANG Store GmbH
Telefon: +49 (0)7940 / 9073999
You can use the attached model returns form, though this is not compulsory.
Provided you send us your communication regarding the fact that you are exercising your right to return before the return period expires, you will be deemed to have observed the return period.
Consequences of returning a product
When you return a product, we are to return to you immediately and no later than fourteen days after receiving your notification of cancellation all payments received from you including delivery costs (with the exception of additional costs which have arisen due to the fact that you have chosen a different form of delivery to the affordable, standard option offered by us). When refunding you we use the same method of payment which you used for the original transaction, unless we have explicitly reached another agreement with you; we never charge fees for a refund.
We can refuse to refund you until we get the products back or until you have provided proof that you have sent the products back, depending on which comes first.
You are to send back or deliver the products to us immediately and no later than fourteen days after informing us of your intention to return the product. It is sufficient to send off your products prior to the period of fourteen days expiring. We will bear the costs of returning products.
You must only compensate us for loss of value of the products if this was caused by the products being handled unnecessarily in order to check their quality, characteristics, and functionality.
End of instructions on returning products
THE CUSTOMER'S WARRANTY CLAIMS ARE IN LINE WITH THE LEGAL REGULATIONS. MUSTANG Store GmbH DOES NOT PROVIDE THE CUSTOMER WITH ITS OWN GUARANTEE OF QUALITY OR DURABILITY ON THE PRODUCTS OFFERED AS DEFINED IN SECTION 443 OF THE GERMAN CIVIL CODE. THE PRODUCT DOCUMENTATION CAN TELL THE CUSTOMER WHETHER A MANUFACTURER GUARANTEE EXISTS WHICH WORKS ALONGSIDE MUSTANG Store GmbH'S GUARANTEE. WARRANTY CLAIMS RESULTING FROM A MANUFACTURER GUARANTEE CREATE THEIR OWN LEGAL RELATIONSHIP WITH THE MANUFACTURER AND ARE TO BE CLAIMED DIRECTLY FROM THEM.
10. Fee for use of images/unlawful use of images
Photographs and all other content used in MUSTANG Store GmbH's product descriptions are protected by copyright without exception. Insofar as the copyrights for using an image lie exclusively with MUSTANG Store GmbH, MUSTANG Store GmbH is to receive a usage fee from a party interested in copying, distributing, and in particularly making publicly available (via the internet) and/or editing this image. A contractual agreement is to be reached for this beforehand. Please contact us for further information.
11. Final provisions
Should one or more regulations in these terms and conditions be ineffective, then this does not alter the effectiveness of the other regulations contained herein. The ineffective regulation is to be replace by a relevant legal regulation.
If the purchaser is a registered trader, legal entity of public law, or special fund under public law, then any complaint arising from contractual conflicts is to be brought before the court which is responsible for MUSTANG Store GmbH's headquarters. This also applies if the customer is a user but does not have a general place of jurisdiction in Germany or if the customer's place of residence is not known at the time the complaint is raised. MUSTANG Store GmbH is also authorised to lodge a complaint at the purchaser's headquarters if this purchaser is a trader. The right to go to court at another legal place of jurisdiction remains unaffected.
The validity of the UN-CISG is excluded.
There is no guarantee of confidentiality for information transmitted over the internet in unencrypted form. If wished, encrypted communication can be offered.