Terms of service

The following General Terms and Conditions of Business and Delivery (hereinafter "Terms and Conditions" or “GTC”) of TrendsByTwins GmbH, Winklerring 3, 85630 Grasbrunn, registered in the Commercial Register of the Munich Local Court under HRB 277307, represented by the Managing Director, Ms. Caroline Sabine Vega Amm, ibid, telephone number +49 174 7309769 (hereinafter "Provider"), shall apply to all legal transactions concluded via the online shop https://www.5-loops.com (hereinafter "Online Shop") are concluded with the customer.

• The following General Terms and Conditions shall apply exclusively to the business relationship between the Provider and the Customer via the online store (hereinafter "Customer the version valid at the time of the order. Deviating general terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
• The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

• The customer can select products from the range of the provider, in particular glasses and collect them via the button "Add to cart" in a so-called shopping cart. Via the button "Buy it now” the customer makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the button "I have read and agree to the terms and conditions " and thereby included them in his application.
• The Provider shall then send the Customer an automatic confirmation of receipt and an order confirmation by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The contract is not concluded until the Customer receives the aforementioned e-mail. In this e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, a link to GTC and order confirmation) will be sent by us to the customer on a durable medium (e-mail) (contract confirmation). The contract text will be stored in compliance with data protection.
• The contract shall be concluded in English.

• Delivery times specified by us are calculated from the date of our order confirmation, prior payment of the purchase price provided. If no or no deviating delivery time is specified for the respective goods in our online store, it shall be 14 days.
• If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
• If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this immediately in the order confirmation.
• The following delivery restrictions apply: The supplier delivers only to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, France, Sweden, Netherlands, Spain and Belgium.

Until full payment, the delivered goods remain the property of the provider.

• All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
• The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From an order value of 20 EUR, the provider delivers to the customer free of shipping costs.
• The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
• In the event of a revocation, the customer shall bear the direct costs of the return shipment.

• The customer can make the payment by PayPal.
• Payment of the purchase price shall be due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the Provider interest on arrears for the year in the amount of 5 percentage points above the base interest rate.
• The Customer's obligation to pay interest on arrears shall not preclude the Provider from asserting further claims for damages caused by default.

• The Supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
• An additional warranty exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

• Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
• In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
• The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
• The limitations of liability resulting from paragraphs 1 and 2 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

• When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the Provider shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.

  Cancellation policy   Right of withdrawal   You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must inform us, TrendsByTwins GmbH, Winklerring 3, 85630 Grasbrunn, +49 174 7309769, service@5-looops.com by means of a clear declaration (e.g. a letter sent by post, fax or email) about your decision to revoke this contract. You can use the enclosed sample cancellation form for this purpose, which is, however, not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.   Consequences of the revocation   If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, 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 for this repayment. We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.

• The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
• The provider informs about the model withdrawal form according to the legal regulation as follows:

  Sample cancellation form   (If you want to revoke the contract, please fill out this form out and send it back).   - To TrendsByTwins GmbH, Winklerring 3, 85630 Grasbrunn, +49 174 7309769, Email: service@5-loops.com:  - I/We (*) hereby revoke the contract concluded by me/us (*) on the purchase of the following goods (*)/provision of the following services (*). Service (*) - Ordered on (*)/received on (*) - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only in case of notification on paper) - Date (*) Delete as applicable

• Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
• 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 the Customer and the Provider shall be the Provider's registered office.
• The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.