Terms and Conditions

General Terms and Conditions

Overview

• 1. Scope, customers and provider

• 2. Formation of the contract, ordering process, contract language and storage of the contract text 

• 3. Products, product presentation and availability

• 4. Prices, shipping costs, taxes and import charges

• 5. Payment

• 6. Delivery, shipping and transfer of risk

• 7. Right to cancel and reference to the separate cancellation information

• 8. Returns, condition of returned goods and compensation for diminished value

• 9. Exchanges and reservations

• 10. Rights in respect of defects

• 11. Vouchers and promotional codes

• 12. Retention of title

• 13. Customer accounts, misuse, bots and commercial resale

• 14. Intellectual property

• 15. Liability

• 16. Data protection

• 17. Force majeure

• 18. Changes to the Terms and Conditions

• 19. Consumer dispute resolution

• 20. Applicable law, jurisdiction and final provisions

• 21. Model cancellation form

1. Provider, scope and customers 

These General Terms and Conditions ("Terms and Conditions") apply to all orders placed by customers through the online shop of MONOLYT Fashion GmbH.

The contracting party for orders placed through the online shop is MONOLYT Fashion GmbH, Weißenburger Straße 24,81667 München, Germany, email: info@monolyt-store.com, represented by its managing director Sophie Reuter. Commercial register: Amtsgericht München, HRB 311532. VAT identification number: DE462729756.

The version of these Terms and Conditions available at the time of the order applies. Any differing terms of the customer apply only if we have expressly agreed to them in writing.

These Terms and Conditions apply to purchases in the physical store only insofar as they are expressly incorporated there. Please note: purchases in a physical retail store generally do not carry a statutory right to cancel of the kind applicable to online orders.

Our online shop is intended for consumers within the meaning of § 13 BGB, that is, natural persons who place an order for purposes that are predominantly outside their trade, business or independent professional activity.

2. Formation of the contract, ordering process, contract language and storage of the contract text

The presentation of our products in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order. By clicking the order button, the customer makes a binding offer to purchase the goods in their shopping cart.
After receiving the order, we send an automatic acknowledgement by email. This merely confirms receipt of the order and does not yet constitute acceptance of the offer to purchase, unless it is expressly designated as an acceptance. The purchase contract is formed when we expressly accept the order, send the dispatch confirmation or dispatch the goods to the customer.
For payment in advance or by bank transfer, processing and dispatch take place only after payment has been received in full.

We may reject an order if an item is unavailable, payment verification fails, there is an obvious pricing or input error, or legal or logistical reasons prevent delivery.

The language available for concluding the contract is German. Other languages may be offered depending on the shop settings; in the event of doubt, the German version prevails unless expressly stated otherwise.

We store the contract text after the contract has been concluded. The order details, these Terms and Conditions and, where legally required, the cancellation information will be made available to the customer by email or through the customer account.

Use of the shop requires the information provided during the ordering process to be complete and accurate. By placing an order through our online shop, you confirm that you have the legal capacity to enter into binding contracts. As a general rule, orders may only be placed by persons of legal age.

The customer must keep their customer account login details confidential and notify us immediately of any apparent misuse.

We reserve the right to reject or cancel orders where there are reasonable grounds to suspect misuse, fraudulent use, automated ordering, unauthorised commercial resale or circumvention of technical safeguards. Statutory rights remain unaffected.

3. Products, product presentation and availability 

MONOLYT offers curated fashion, clothing, shoes, jewellery, accessories, lifestyle products and related goods. Individual products may only be available in limited quantities.

Product images aim to represent the items offered as realistically as possible. Minor variations in colour, texture, material appearance, size or proportion may arise, in particular, from screen displays, lighting conditions, photography, natural materials or manual workmanship. Such variations do not constitute a defect provided that the agreed characteristics are not impaired.

Measurements, fit guidance, material information and care instructions are provided to the best of our knowledge. Measurements are indicative. The specific product information in the relevant listing is decisive.

Where products are supplied with original packaging, dust bags, jewellery boxes, designer tags, care cards, authenticity documents, security tags or other accessories, these form part of the item supplied and should be returned complete and with care when making a return.

4. Prices, shipping costs, taxes and import charges

The prices displayed in the online shop at the time of the order apply. Unless otherwise indicated, all prices include statutory VAT and exclude shipping costs.

Shipping costs are displayed during the ordering process before the order is placed. The delivery and shipping information available on our website also applies.

For deliveries to countries outside the European Union, additional import charges, customs duties, taxes, fees or other costs may arise once the goods reach the destination country. These costs are not levied by MONOLYT Fashion GmbH, but by the relevant customs, tax or administrative authorities or the shipping provider concerned.

Unless expressly stated otherwise during the ordering process, the customer is responsible for paying such import charges, customs duties, taxes and fees. The amount of these costs depends on the legal requirements of the destination country and cannot be predicted or influenced by us.

We therefore recommend that you contact the relevant customs or tax authority in your country before placing your order to find out about possible import costs, restrictions and formalities.

You are also responsible for ensuring that the goods ordered may be imported into and used in the destination country. MONOLYT Fashion GmbH accepts no liability for delays, additional costs or import restrictions arising from a failure to meet the legal requirements, customs rules or official requirements of the destination country.

In the event of obvious pricing, typographical or calculation errors, we reserve the right not to accept the order. If a contract has already been concluded, our statutory rights, in particular the right to avoid the contract, remain unaffected. There is no obligation to deliver at an obviously incorrect price if the customer could recognise the error.

Discounts, promotional prices and promotional codes apply only during the stated period and under the stated conditions. Cash payment in lieu is excluded to the extent permitted by law.

5. Payment

The payment methods available in the online shop are displayed at checkout. Depending on the technical setup, these may include credit card, debit card, PayPal, Apple Pay, bank transfer or other payment methods.

The purchase price, including shipping costs, is due when the contract is concluded. If a payment method requiring prior payment authorisation is selected, we reserve the right to process the order only after successful payment confirmation.

Refunds are generally made using the same payment method used for the original order, unless expressly agreed otherwise. We do not charge any additional fees for the refund itself.

Any additional costs incurred by the customer through banks, payment providers, currency conversion or foreign fees will not be reimbursed by us unless we are responsible for those costs.

6. Delivery, partial delivery and transfer of risk

Delivery is made to the delivery address provided during the ordering process. We normally ship with DHL and DHL Express. If the customer expressly requests a shipping provider other than one offered by us, or a special shipping method, any resulting additional costs may be charged to the customer, provided that we have agreed to the arrangement in advance. Details of delivery countries, shipping methods, delivery times and shipping costs are available on our shipping page and at checkout.

Unless otherwise stated, delivery periods begin after the contract has been concluded and payment has been received in full. A different delivery period may apply to personalised, adapted or specially sourced items; this will be stated in the relevant listing or communicated to you.

Partial deliveries are permitted where reasonable for the customer. They do not incur additional shipping costs if initiated by us.

Perfumes and certain fragrance products may be classified as dangerous goods due to their alcohol content. Such products can only be shipped under certain conditions and, as a general rule, only by land to European destinations. Express delivery, air freight or delivery outside Europe may be excluded for these products.

For consumers, the risk of accidental loss of or accidental deterioration in the goods generally passes only when the goods are handed over to the customer. However, if a carrier not designated by us is engaged at the customer's request, the risk passes when the goods are handed over to that carrier. 

If a shipment cannot be delivered because the address details are incorrect, incomplete or undeliverable, any resulting additional costs may be charged to the customer insofar as they are responsible for the cause.

7. Right to cancel and reference to the separate cancellation information

Returns from countries outside the EU

We do not offer voluntary returns for items sent back from countries outside the European Union (EU). Statutory withdrawal rights, rights relating to defective goods and other mandatory consumer rights remain unaffected.

For contracts already concluded, the services agreed at the time of contract formation and statutory rights remain unaffected.

Right to cancel

Consumers have the right to cancel the contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which the customer, or a third party designated by them who is not the carrier, takes possession of the goods. For a single order comprising several items delivered separately, the period begins on receipt of the last item.

To exercise the right to cancel, the customer must inform us, MONOLYT Fashion GmbH, Weißenburger Straße 24, 81667 München, Germany, telephone +49 17666891325, email: info@monolyt-store.com, of their decision to cancel the contract by a clear statement. The model cancellation form may be used for this purpose, but is not mandatory.

We also provide an electronic cancellation function or a clearly accessible cancellation button in the online shop. When this function is used, we acknowledge receipt of the notice of cancellation on a durable medium, in particular by email.
You can also exercise your right to cancel online using the cancellation function on our website at https://monolyt-store.com/en/pages/widerruf. 

If you use this online function, we will promptly send you an acknowledgement of receipt on a durable medium, in particular by email, containing information about the content of the notice of cancellation and the date and time it was received.

Effects of cancellation

If the contract is cancelled, we will refund all payments received from the customer, including delivery costs. This excludes additional costs arising from the choice of a delivery method other than the least expensive standard delivery offered by us.

The refund will be made without undue delay and no later than fourteen days from the day on which we receive notice of cancellation. We may withhold the refund until we have received the goods back or evidence has been provided that the goods have been sent back, whichever is earlier.

The goods must be sent back or handed over to us without undue delay and in any event no later than fourteen days from the day on which we were notified of the cancellation. The deadline is met if the goods are sent before the fourteen-day period expires.

The customer bears the direct cost of returning the goods. The customer may arrange the return themselves using a carrier that offers tracking. Alternatively, a return label may be requested from us within the EU. If our return label is used, we deduct the costs disclosed in advance from the refund. These costs are currently 6 € for returns from Germany and 15 € for returns from other EU countries. Our voluntary return-label service is not available for items sent back from countries outside the European Union (EU). Where we are legally required to cover return costs or arrange a return, we will fulfil those obligations.

The customer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.

Exclusion or expiry of the right to cancel

In particular, the right to cancel does not apply to goods that are not prefabricated and whose production is determined by an individual choice or specification by the customer, or that are clearly tailored to personal needs.

The right to cancel does not apply to sealed goods that are unsuitable for return for health protection or hygiene reasons if their seal has been removed after delivery. This may apply in particular to underwear, swimwear, cosmetics, perfumes or comparable items supplied with an appropriate hygiene seal.

8. Returns, condition of returned goods and compensation for diminished value

Please return items unworn, unwashed, undamaged, free from odours, make-up, pet hair or other signs of use, and with all labels, security tags, original packaging, dust bags, jewellery boxes, certificates and accessories.

The customer may inspect the goods as would be possible and customary in a retail store. Use beyond this may give rise to compensation for diminished value.

Removing or damaging original labels, packaging or accessories may result in diminished value if this affects the saleability, authenticity, hygiene, completeness or condition of the goods.

We reserve the right to inspect returned goods on receipt and to claim compensation for diminished value if the condition of the goods has been impaired beyond a permissible inspection. The customer's statutory rights remain unaffected.

We reserve the right to review our customers' purchasing and return behaviour at reasonable intervals. If a return rate of more than seventy per cent (70 %) is identified within a period of up to twelve (12) months, we reserve the right, after reviewing the individual case and exercising reasonable discretion, to temporarily reject future orders or temporarily suspend a customer account from placing further orders. In making this decision, we take into account, in particular, the number of orders, the extent of the items returned, the reasons for returns, valid cases involving defects or incorrect deliveries, and other circumstances of the individual case. This measure is intended, in particular, to avoid excessive environmental impacts from unnecessary transport and packaging materials, protect the availability of goods and ensure product quality.

9. Exchanges and reservations 

A direct exchange is not guaranteed. If a different size, colour or item is required, we recommend placing a new order. In individual cases, items may be reserved for a short period; there is no entitlement to this.

10. Rights in respect of defects

If an incorrect or defective item has been delivered, please contact our customer service team before returning the goods. In this case, to the extent required by law, we will provide an appropriate remedy, in particular subsequent performance, replacement, repair, acceptance of a return or a refund.

For valid claims in respect of defects, we bear the necessary costs of subsequent performance, including reasonable return shipping costs. In this case, please do not use expensive special shipping methods without consulting us; instead, arrange the return with our customer service team.

Statutory rights in respect of defects apply. If the goods delivered are defective, the customer is entitled to the statutory remedies, in particular subsequent performance, rescission, a price reduction and, where the statutory requirements are met, damages.

Please inspect the goods carefully on receipt and inform us as promptly as possible of any obvious transport damage or incorrect delivery. For consumers, failure to provide such notification does not affect statutory rights; notification does, however, make it easier for us to deal with shipping providers and suppliers.

For business customers, the statutory duties of inspection and notification under § 377 HGB apply insofar as the transaction is a commercial transaction for both parties.

11. Vouchers and promotional codes

Vouchers, gift cards and promotional codes may only be redeemed under the conditions stated for them. They cannot be combined unless expressly stated otherwise.

Promotional codes may be restricted by time, quantity, product, shopping cart or customer group. Cash payment in lieu or retrospective application is excluded to the extent permitted by law.

In the event of cancellation or return, only the amount actually paid will generally be refunded. If a promotional code was applied proportionately to several items, the discount may be allocated proportionately to the returned items.

Gift cards and vouchers with a monetary value are dealt with in accordance with their respective terms. Statutory rights remain unaffected.

12. Retention of title

The goods delivered remain our property until the purchase price, including shipping costs, has been paid in full.

13. Customer accounts, misuse, bots and commercial resale

The customer must keep their customer account login details confidential and protect them from access by third parties.

The use of automated systems, bots, crawlers, scrapers or comparable technologies to place orders, extract data, circumvent purchase limits or manipulate availability, prices or promotions is prohibited.

We reserve the right to temporarily suspend customer accounts, reject orders or take technical protective measures where there are reasonable grounds to suspect misuse, fraud, unauthorised commercial resale or significant disruption to the operation of the shop. Statutory rights remain unaffected.

14. Intellectual property

All content in our online shop, in particular text, photographs, videos, graphics, logos, designs, product presentations and layouts, is protected by copyright, trademark law or other rights.

Use, reproduction, publication, adaptation, distribution or commercial exploitation of this content is not permitted without our prior express consent, unless authorised by law.

Third-party trademarks, logos and product names remain the property of their respective rights holders and are used solely to describe the products offered.

15. Liability

Our liability is unlimited in cases of intent or gross negligence, for injury to life, body or health, where a guarantee has been given, and under the provisions of the German Product Liability Act.

In the event of a slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable loss typical of the contract. Essential contractual obligations are those whose fulfilment is necessary for the proper performance of the contract and on whose observance the customer may regularly rely.

In all other respects, liability is excluded to the extent permitted by law. The above liability provisions also apply for the benefit of our legal representatives, employees and persons engaged to perform our obligations.

16. Data protection

Information about the processing of personal data can be found in our Privacy Policy, which is available on our website at any time.

Where we engage service providers to perform the contract, in particular payment providers, shipping providers, IT providers or returns providers, personal data is processed in accordance with statutory data protection requirements and our Privacy Policy.

17. Force majeure

Events beyond our reasonable control may temporarily delay performance of the contract. These include, in particular, natural events, war, terrorism, pandemics, official measures, strikes, and disruptions to transport routes, energy supplies, IT systems, payment services or supply chains.

For the duration of such a disruption, delivery and performance periods are extended by a reasonable amount. Statutory rights of rescission and cancellation remain unaffected.

18. Changes to the Terms and Conditions

MONOLYT Fashion GmbH reserves the right to amend or update these General Terms and Conditions with effect for the future where there is an objective reason to do so, in particular changes to the legal framework, case law, our technical procedures, our payment or shipping processes, or the services we offer.
Each order is governed by the General Terms and Conditions validly incorporated into the ordering process at the time of that order. Subsequent amendments to these General Terms and Conditions do not affect contracts already concluded, unless expressly agreed otherwise or required by law.
The current version of the General Terms and Conditions is available on our website at any time. We recommend reading the General Terms and Conditions carefully before each order.

19. Consumer dispute resolution

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

20. Law, jurisdiction and final provisions

Contracts between us and the customer are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they habitually reside.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between us and the customer is our registered place of business, to the extent permitted by law.

Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

21. Model cancellation form

If you wish to cancel the contract, you may complete this form and send it back to us. Use of the form is not mandatory.