General Terms and Conditions
§ 1 SCOPE AND TERMS AND CONDITIONS
(1) The following General Terms and Conditions in the version valid at the time of the order shall exclusively apply to all business relationships concluded through the use of this online shop. Deviating terms and conditions will not be recognized unless their validity has been expressly agreed in writing. Upon completion of an order, the contractual relationship is established between Wortmann Fashion Retail GmbH & Co. KG, Klingenbergstr. 1 - 3, D‑32758 Detmold (“Wortmann Fashion Retail”) and the purchaser (“Customer”).
(2) The contractual language is German.
(3) The range of goods in our online shop is directed exclusively at purchasers who are at least 18 years old.
§ 2 CONCLUSION OF CONTRACT
(1) The Customer can order the available products via the online shop on the Internet. The minimum order value per order is €20.00. The presentation of the products in the online shop merely constitutes a non‑binding invitation to the Customer to order the respective products.
(2) From the available range, the Customer may select products and place them in a virtual shopping basket by clicking the button “In den Warenkorb” (“Add to basket”). By clicking the button “Zur Kasse” (“Checkout”), the ordering process is continued and completed by clicking the button “Kaufen” (“Buy”). By clicking the “Kaufen” button, the Customer submits a binding offer to purchase the products listed in the order overview. Before sending the order, the Customer can view and modify the data at any time. The order can only be submitted if the Customer accepts the validity of the privacy policy and these General Terms and Conditions, which thereby become the basis of the contract.
(3) Wortmann Fashion Retail sends the Customer an automatic order confirmation by e‑mail, in which the Customer’s order is listed once again and which the Customer can print out using the “Print” function. This automatic order confirmation merely documents that the Customer’s order has been received by Wortmann Fashion Retail and does not yet constitute acceptance of the order. The contract is only concluded by a declaration of acceptance issued by Wortmann Fashion Retail, either by separate e‑mail or by a notification of dispatch (shipping confirmation) and/or by delivery of the products.
(4) Wortmann Fashion Retail is entitled to refuse the execution of an order and thus the conclusion of a purchase contract, in particular if previous orders have not yet been fully settled and, in particular, if outstanding amounts of the Customer still exist. Alternatively, Wortmann Fashion Retail may postpone execution of the order and thus fulfillment of the obligations arising from the new purchase contract until the previous order has been fully settled. In such a case, Wortmann Fashion Retail will inform the Customer accordingly.
(5) The conclusion of the contract takes place in German.
§ 3 AVAILABILITY OF PRODUCTS AND DELIVERY
(1) The availability of a product may vary depending on the Customer’s specifications (size, colour, etc.) but is indicated for the respective product. Products that are not available for delivery cannot be ordered. However, the Customer may register on a waiting list. Should availability subsequently change, Wortmann Fashion Retail will inform the Customer and may, where applicable, refrain from accepting the order.
(2) Delivery and invoicing are carried out in the name and on account of Wortmann Fashion Retail GmbH & Co. KG, Klingenbergstr. 1 - 3, D‑32758 Detmold.
(3) For available products, the delivery period, depending on the chosen shipping method, is generally a maximum of one week; in the case of advance payment, the period is calculated from receipt of payment. Wortmann Fashion Retail is entitled to make partial deliveries.
(4) In the event of force majeure or comparable circumstances such as strike, lockout, shortage of resources, transport bottlenecks not attributable to fault, or operational disruptions not attributable to fault, for example due to fire, water or machine damage, Wortmann Fashion Retail will inform the Customer without delay of this impediment to performance. The obligation to deliver the ordered products is suspended for the duration of such impediment to performance; Wortmann Fashion Retail will inform the Customer of the existence of such impediment and its removal. If such impediment to performance lasts for a period of more than four weeks, the Customer is entitled to withdraw from the contract. Further claims, in particular claims for damages against Wortmann Fashion Retail, do not exist.
(5) The following delivery restrictions apply: Wortmann Fashion Retail delivers only to Customers whose usual residence (billing address) is in one of the following countries and who can provide a delivery address in the same country: Germany.
§ 4 PRICES AND SHIPPING COSTS
(1) All prices indicated in the online shop include the applicable statutory value‑added tax. The minimum order value per order is €20.00; the decisive factor is the actual value of the goods.
(2) Deliveries are made exclusively within Germany.
(3) The goods are dispatched with DHL.
(4) Depending on the selected shipping method, the Customer must pay a share of shipping costs per order, which is shown in the order overview before submission of the order. The number of products ordered is irrelevant for calculation of the shipping‑cost share.
(5) Should, for technical or logistical reasons, dispatch be made in several partial deliveries, the shipping‑cost share is charged only once.
§ 5 TERMS OF PAYMENT
(1) The Customer may make payment via PayPal, in advance (prepayment) or by credit card. In individual cases, an order on account may also be possible; payment of the invoice by bank transfer is free of charge. However, in the case of an order on account, a service fee of €0.95 is charged for the additional administrative effort involved.
§ 6 SET‑OFF AND RIGHT OF RETENTION
(1) You shall have a right to set‑off only if your counterclaim has been finally adjudicated, is not disputed or acknowledged by us, or is in a close reciprocal relationship to our claim.
(2) You may exercise a right of retention only insofar as your counterclaim is based on the same contractual relationship.
§ 7 WARRANTY FOR DEFECTS
The statutory liability for defects shall apply. The consumer shall, in the event of a defect, have the right pursuant to section 438 (1) BGB to choose remedial performance by way of repair or replacement delivery, provided that the chosen type of remedial performance is possible under the statutory provisions and is not disproportionate. If the consumer opts for remedial performance by way of repair, the original limitation period for claims arising from this defect shall, in accordance with section 475e (5) BGB, be extended once by twelve months. In all other respects, the statutory limitation periods shall remain unaffected.Wortmann Fashion Retail’s liability for damages is governed by Section 8 of these General Terms and Conditions. If the customer is an entrepreneur, claims based on defects become time‑barred after 12 months this does not, however, apply to claims for damages.
§ 8 LIABILITY
(1) Wortmann Fashion Retail shall be liable without limitation for intent and gross negligence; otherwise, liability is limited or excluded in accordance with the following provisions.
(2) The liability of Wortmann Fashion Retail is limited to the typical contractual damage foreseeable at the time of conclusion of the contract.
(3) For slight negligence, Wortmann Fashion Retail shall be liable only if a duty is violated whose fulfilment is of particular importance for achieving the contractual purpose (cardinal duty). In such a case, the above limitation of liability shall apply; otherwise, liability for slight negligence is excluded in its entirety.
(4) Liability for indirect and consequential damages, in particular for damages in the event of operational interruptions and for loss of profit, is excluded in its entirety.
(5) The limitations of liability do not apply in the event of injury to life, body or health, nor to claims under the Product Liability Act. Furthermore, the liability for guarantees assumed by Wortmann Fashion Retail remains unaffected.
(6) These limitations of liability shall also apply in favour of our vicarious agents.
§ 9 RIGHT OF WITHDRAWAL
Where the Customer is a consumer and has concluded a contract with Wortmann Fashion Retail using this online shop, the Customer shall have a right of withdrawal in accordance with the following provisions:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us at the address
Wortmann Fashion Retail Onlineshops, c/o fuljoyment AG, Nikolaus‑Otto‑Str. 1, 22946 Trittau, Germany
Telephone number: +49 (0) 6331 - 5697992
E‑mail address: [email protected]
by means of a clear statement (e.g. a letter sent by post, fax or e‑mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory: Download model withdrawal form.
If you receive documents together with delivery of the goods in which other contact details are specified for the declaration of withdrawal, you may, at your discretion, also declare the withdrawal using these data.
To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must send back the goods without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract, to the following address:
Wortmann Fashion Retail Onlineshops, Nikolaus‑Otto‑Str. 100, 22946 Trittau, Germany
If you receive documents together with delivery of the goods in which a different address is specified for the return of goods in the event of withdrawal, you may, at your discretion, return the goods to that other address instead of the above address.
The deadline is met if you send the goods before the expiry of the 14‑day period.
We shall bear the cost of returning the goods.
You shall only be liable for any diminished value of the goods if this diminished value results from handling of the goods that was not necessary to check their nature, characteristics and functioning.
§ 10 RETENTION OF TITLE
Until full payment has been made, delivered products remain the property of Wortmann Fashion Retail. If the Customer is in default of payment for more than ten days, Wortmann Fashion Retail has the right to withdraw from the contract and to demand return of the goods.
§ 11 DATA PROTECTION
(1) In the context of processing contracts, Wortmann Fashion Retail collects personal data of the Customer. In doing so, Wortmann Fashion Retail complies with the provisions of the German Federal Data Protection Act and all other relevant data‑protection laws.
(2) Without the Customer’s consent, Wortmann Fashion Retail will collect, process or use inventory and usage data only insofar as this is necessary for the handling of the contractual relationship. Further details are set out in the privacy policy, which can be accessed in the online shop.
§ 12 FINAL PROVISIONS
(1) Contracts between Wortmann Fashion Retail and the Customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions on limitation of choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer as consumer has his habitual residence, remain unaffected.
(2) Where the Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between the Customer and Wortmann Fashion Retail shall be the registered office of Wortmann Fashion Retail.
§ 13 PLATFORM OF THE EU COMMISSION FOR ONLINE DISPUTE RESOLUTION
(1) The EU Commission provides an online dispute resolution platform on the Internet at the following link: www.ec.europa.eu/consumers/odr.
(2) This platform serves as a point of contact for the out‑of‑court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.
(3) We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Status: 29.07.2026