TERMS AND CONDITIONS
Welcome to stylekontor. These Terms and Conditions set out how ‘stylekontor Group GmbH’ (“stylekontor”) is committed to operate when using stylekontor’s portfolio of services based on https://stylekontor.com including subdomains and folders (“Website”).
These Terms and Conditions include introductory terms and the five sections I. Scope and definitions, II. General user terms, III. Additional terms for Designers, IV. Standard forms and V. Contact.
Any amendments or modifications made to these Terms and Conditions in writing form part of these Terms and Conditions. Please read these Terms and Conditions carefully and keep an up-to-date copy for your reference.
I: SCOPE AND DEFINITIONS
These Terms and Conditions are valid for the portfolio of services offered by stylekontor based on its website including subdomains and folders operated by stylekontor that redirect to https://stylekontor.com.
|Campaign||stylekontor can start a crowdfunding Campaign for every design ready for production. Each Campaign has a specific sales target and duration. If the sales target is reached or exceeded within the duration of the Campaign, stylekontor will produce the the design and deliver the product to the Users that placed an order within the Campaign.|
|Design||A clothing design provided to stylekontor by a Designer including technical data (e.g. drawings, bill of materials, grading information, etc.), pictures and any other information relevant for production and sale of the design.|
|Designer||A Designer is a User with access to additional services on our website after registering as a Designer. Among other options, a Designer is able to create a public designer profile and to upload a Design for a Campaign on our Website.|
|DHL||DHL Paket GmbH, Sträßchensweg 10, 53113 Bonn, Germany. DHL is stylekontor’s preferred shipping carrier.|
|PayPal||PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal is stylekontor’s preferred payment system provider.|
|stylekontor||stylekontor Group GmbH, Schwanenwik 24, 22087 Hamburg, Germany.|
|User||A User is any natural person or legal entity making use of the services and products offered by stylekontor.|
|Website||The website of stylekontor which can be accessed under https://stylekontor.com including all of its subdomains and folders.|
II: GENERAL USER TERMS
3. SUMMARY OF SERVICES
The Website is offered as a service to our Users. The services offered on our Website can be generally divided into three areas:
a. Vote: In the Vote section, the designs provided by the Designer through the Design upload function are presented to receive feedback from Users. Feedback includes the possibility to evaluate and comment the Design.
b. Shop: In the Shop section, stylekontor presents those Designs which received positive feedback in the Vote function. All items in the Shop were processed by us to be ready for production. A User can order the Designs in the Shop section and crowdfund production through this pre-order.
c. Design upload: This section is only accessible for a Designer. Through the 'Submit a Design' function, a Designer provides his finished Design to us including all information relevant to handle the production and sale of the Design.
In order to offer the these areas, the portfolio of services provided by stylekontor and its business partners include the pre-processsing and production of the Designs, logistics and shipment, payment management, customer service and return handling.
4. CONCLUSION OF PURCHASE CONTRACT
A User may place a binding offer to stylekontor to purchase a selected products by clicking the button “Place Order Now” in the shopping cart in the Shop section of our Website. The purchase contract is concluded at the moment the payment of the preapproved amount as described below is effected by stylekontor in order to produce the product upon success of a Campaign.
5. TIME OF DELIVERY
stylekontor works as a crowdfunding platform for independent designer fashion. For each Campaign in our Shop, we set a specific sales target and duration. The typical duration of a Campaign is 30 days. Due to the time required for production after achieving the sales target, stylekontor estimates on average additional 30 days after the completion of the duration of a Campaign until the time of delivery of the purchased product. Please note that the duration of a Campaign and delivery times may vary depending upon the specific Campaign.
6. UNSUCCESSFUL CAMPAIGNS
A Campaign is not successful if, at the end of the duration of the Campaign, the number of orders is lower than the specific sales target for the Campaign. In this case, the product will not be produced and therefore not delivered to the User. Consequently, the payment of the preapproved amounts is not effected by stylekontor and correspondingly no purchase contract is concluded. For unsuccessful Campaigns, stylekontor, the Designer and the User do not hold any rights or duties against each other, especially concerning delivery and payment for the unsuccessful Campaign.
stylekontor estimates that our standard ground shipping in Germany performed by our shipping carrier DHL lasts approximately 1 to 3 business days after notification of shipment through email. Following the shipment of an order, stylekontor sends out a shipping confirmation email along with a tracking number so that the User will be able to get up-to-date information on the location and status of the package.
8. SHIPPING COSTS
For shipping we charge actual costs for shipping and packaging. Shipping costs are added automatically during checkout after entering the shipping address.
9. INTERNATIONAL SHIPPING
International orders are possible. International shipping performed by our shipping carrier DHL typically takes between 5 and 21 business days, depending on destination and customs. For international shipping, stylekontor charges international shipping costs as calculated during checkout after the User entered the shipping address. Please note that these additional costs do not include any additional customs or taxes which may be applicable in the place of delivery.
10. CUSTOMS AND TAXES FOR INTERNATIONAL ORDERS
In case of international shipping, a package may be subject to additional import duties and/or tax charges which are levied once the package reaches the country of delivery. We ship your package duties and taxes unpaid. If additional charges for duties or taxes are incurred, these must be rendered by the User in order for the package to clear customs. For more information regarding your country's import policies, please contact your local customs and tax authorities.
11. RETURNS AND WARRANTY
stylekontor places great emphasis on quality control of materials and production as well as on accurate and timely shipping. If, for any reason, you are not satisfied with your product, please contact our customer service team at firstname.lastname@example.org. Please describe your issue and we will be happy to assist you with a solution.
We accept returns within period of 30 days after you have received your order and provide refunds if you wish to return your order. We appreciate an honest feedback regarding the reason of your return as we always seek ways to improve our service. If your product does not have the quality you expected, please also include a picture demonstrating the quality issue.
If your order does not fit as expected, we will try to exchange your order for a different size depending on the availability of stock. Alternatively, stylekontor may offer at its own discretion a cost compensation for alterations to the product (fitting guarantee).
Any potential warranty claims shall be governed by applicable principles of the German Civil Code §§ 434 et seqq. stylekontor shall only be liable in cases of intent and gross negligence.
12. RIGHT OF WITHDRAWAL
You may cancel an order any time before stylekontor has begun to fulfill orders. After fulfillment of the order, you have the right to withdraw from a contract with stylekontor within a period of 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you, or a third party indicated by you, acquire physical possession of the goods.
To exercise the right of withdrawal, you must inform us (stylekontor Group GmbH, Schwanenwik 24, 22087 Hamburg, Germany, email: email@example.com) of your decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by e-mail or post). You may use the model withdrawal form attached in section IV below, but the form is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
13. EFFECTS OF WITHDRAWAL
If you withdraw from a contract with stylekontor, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We reimburse costs without undue delay and usually not later than 14 days after we have received the goods back.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise together with us.
You shall send back the goods without undue delay and in no event later than 14 days from the day on which you have communicated your contract withdrawal to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to assess the nature, characteristics and functions of the goods.
Payments on stylekontor are processed through the payment service provider PayPal. A User represents and warrants that information regarding their PayPal account or any other payment instrument is true and correct and that the User is authorized to use the payment instrument.
In order to place an order, the User will be directed to PayPal where the User needs to agree to a one-time preapproved payment. After agreeing to the payment, the preapproved amount is added to the Campaign’s running total of preapproved payments and the User will be redirected back to the Website. Payments of preapproved amounts shall only be effected by stylekontor if the product will be produced following success of the corresponding Campaign.
If the Campaign is unsuccessful as described in section “Unsuccessful Campaigns” above, all preapproved amounts for this Campaign will be cancelled and released so that the User is not charged any costs.
15. PROPRIETARY RIGHTS
Title and risk of loss for products ordered by a User will pass to the User upon delivery to the shipping carrier. stylekontor reserves the right to cancel any order for any product for any reason at any time.
16. ONLINE DISPUTE RESOLUTION
Platform of the EU commission for online dispute resolution: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
17. GOVERNING LAW
These Terms and Conditions are governed by German law. Any disputes in connection with these Terms and Conditions will be subject exclusively to the jurisdiction of the courts of Hamburg. The use of stylekontor is unauthorized in any jurisdiction that does not give effect to any of the provisions of these Terms and Conditions, including, without limitation, this section.
III: ADDITIONAL TERMS FOR DESIGNERS
The following additional terms are applicable to a Designer as defined above.
18. CONCLUSION OF A CAMPAIGN CONTRACT
A Designer is able to provide a Design through the Design upload function of our Website. Via the function 'Submit a design', a Designer can prepare a Campaign in a three-step process. By clicking the button “Submit” in the third step (product summary) of the function, the Designer places a binding offer to stylekontor for a Campaign, i.e. to market the Design including production and sale.
In order for stylekontor to be able to produce a Design, reasonable production standards following internal criteria by stylekontor must be met (e.g. a Campaign cannot be prepared by stylekontor if the required quality level of technical drawings or pictures is not met). If stylekontor confirms to the Designer via email to accept the Design for the Vote section, the Campaign contract is concluded. The Designer is obligated to provide all required information for the preparation of a production sample of the Design. stylekontor begins marketing the Design in the Vote section of the Website. If the Design receives sufficient interest in the Vote section, stylekontor creates a Campaign for the Shop section. For a successful Campagin, stylekontor is obligated to pay a commission to the Designer as detailed in the section “Designer commission” below.
stylekontor has the right to refuse any Design for any reason. If a Design is not accepted, the Designer will receive this information via email. If a Design is refused, the Campaign contract is not concluded. stylekontor will not make use of the refused Design in any way. The Designer has no claim towards stylekontor for any commission payment in relation to the refused Design.
19. PROPRIETARY DESIGN
With the conclusion of the Campaign contract, a Designer confirms to own or be the licensee of all trademark rights, copyrights, rights of publicity and any other intellectual property regulation and right required to create and conduct the Campaign, including without limitation the rights with respect to the name, trademark, description, images or text used for the Campaign (“Campaign Rights”). Upon request, the Designer will provide stylekontor with the evidence of these Campaign Rights. In case of any violation to this term by a Design submitted by the Designer, the Designer is solely responsible for any potential damage resulting from this violation.
stylekontor does not claim ownership of information or materials uploaded and provided to stylekontor. However, by publishing, uploading, inputting or submitting any information and materials (collectively “Submissions”) to stylekontor, the Designer grants the exclusive license and rights of use for a period of 18 months to stylekontor that the Submissions may be used by stylekontor and its service partners to develop a production sample, perform production, promote the Campaign, execute the sale and handle customer service. This includes, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Submissions and to publish the name of the Designer in connection with the Submissions. stylekontor reserves the right to refuse or remove Submissions, in whole or in part, as required for stylekontor’s business operations at its sole discretion.
20. PRODUCTION SAMPLE
After conclusion of a Campaign contract, stylekontor includes the Design in the Vote section of the Website. If the Design in the Vote section receives sufficient positive feedback as determined by stylekontor's internal guidelines, the next step is the development of a production sample.
stylekontor has the exclusive right to decide if a Design received sufficient positive feedback or not. For Designs which have not received sufficient positive feedback, stylekontor or the Designer do not hold any rights or duties against each other, especially concerning the further processing of the Design or payment to the Designer.
The production sample is required by stylekontor for production preparation and marketing, e.g. pictures for the Shop. The Designer will provide stylekontor with all information required for the development of the production sample including sewing patterns, lab dips of fabric, material samples, color specifications and detailed descriptions of the product and features.
Based on the features of the production sample and in coordination with the corresponding Designer, stylekontor will determine a sales price used to offer the Design in the Shop of the Website.
Together with independent designers, stylekontor intends to create a unique and personal shopping experience for any User of the Website. The Website creates a direct connection between Designers and other Users.
In order to promote Campaigns and to give Users unique insights into the development of a Design, the Designer is expected to create a public Designer profile on our Website including texts, pictures, videos and links to social media profiles. The User should be able to experience the Designer’s vision and inspiration for the Design. stylekontor will publish the profile with information on the Designer, the Designs and other information relevant for the Campaigns on the Website.
For the purpose of implementing, conducting and fulfilling a Campaign as well as for the purpose of advertising in media or other advertising channels, the Designer grants stylekontor a worldwide and fully paid up license to distribute, publicly display, reproduce, edit, translate and reformat the Campaign including all related images, text, content and information.
For marketing purposes, stylekontor will shoot professional photos of the production sample to support the sale of the Design through the Shop on the Website.
22. SUCCESSFUL CAMPAIGN
A Campaign in the Shop section of our Website is successful if the number of preorders achieves or exceeds the specified sales target for the Campaign. In this case, stylekontor will initiate the production of the Design according to the production sample. The Designer agrees that stylekontor, at its sole discretion, may begin to fulfill orders before the specified sales target is met.
By involving our Users in the development of each Design to a product, stylekontor produces on demand only. Minimizing waste is an essential part of our business approach. The production of our products is performed by our specialized production partners. We carefully select our production partners as stylekontor puts great emphasis on a sustainable production and social responsibility. Our production partners are certified for fair, safe and responsible working conditions.
24. LOGISTICS AND SHIPPING
Costs incurred for logistics and shipping the production samples and import of final products are borne by stylekontor or its production partners.
25. CUSTOMER SERVICE AND RETURNS
stylekontor takes care of the customer service, particularly the handling of returns as described above. For returned products, stylekontor cannot pay any commission to the Designer.
If goods are returned or remain in stock, stylekontor reserves the right to use other ways than the Website to sell these goods (e.g. pop-up store). At first, we will offer the goods returned or remaining in stock to the Designer at a discounted sales price determined by stylekontor on a campaign-by-campaign basis depending on the sales price, the volume sold and the return rate.
26. DESIGNER COMMISSION
The Designer receives commission payments for each successful Campaign. The commission will be calculated on the basis of the following formula:
Designer Commission = Net price of the product excluding value added taxes in Euro (€) * (Number of sold items – Number of returned items) * Commission rate (15%)
For an accurate calculation of the commission to be paid to the Designer, stylekontor requires full information on the number of returned products. Due to our return period of 30 days after receipt of the order by a User, the payment of the commission to the Designer will take place approximately 40 days after delivery of the products to the User.
The commission will be paid out exclusively to the Designer who submitted the Design through the 'Submit a Design' function, even if the Design was created in collaboration with other third parties. Payments will be processed based on the payment information, e.g. bank account details or PayPal account, provided by the Designer in their designer profile. The Designer is solely and fully responsible for payment of any income taxes or other charges arising from the commssion earned through stylekontor.
IV: STANDARD FORMS
The following standard forms were made for the Users of stylekontor.
27. MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract with stylekontor.
stylekontor Group GmbH
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
Should you have any question, comment or concern regarding these Terms and Conditions, please send us a message:
stylekontor Group GmbH
Last revised: 10 February 2021