Terms and Conditions

(Last updated: April 2017)

  1. Jurisdiction (only within Germany)
  2. Applicability
  3. Retention of Title
  4. How to Order
  5. Right to Reject Orders
  6. Prices
  7. Vouchers
  8. Shipping and Delivery
  9. Credit Checks
  10. Privacy
  11. Payment
  12. Right of Cancellation
  13. Guarantee
  14. Complaints procedure
  15. Legal Notice / Operator of Online Shop


  1. Jurisdiction (only within Germany)

    Our delivery conditions only apply for customers within Germany. Delivery within 3-5 days after receipt of the order only applies to orders within Germany. We sell merchandise solely to private end users. Merchandise is only available while supplies last. We only sell merchandise in normal household volumes. The online shop is operated by ProFashion GmbH, based in Nußloch, at Heidelberger Str. 9-11, HRB 337468 AG Mannheim.


  2. Applicability

    The following terms and conditions are the only ones which apply to the business relationship between the online shop and the customer.


  3. Retention of Title

    Until such time as full payment has been received, the merchandise remains the property of the online shop.


  4. How to Order

    Place an order in our online shop by following these steps:
    1) Click "Into the shopping cart" to place an article in your shopping cart.
    2) You can view all of the articles you have added to your shopping cart at any time by clicking on "Shopping Cart" . You can also remove articles or change the number you want to order.
    3) When you are ready to order the articles in your shopping cart, click "Checkout".
    4) The next step will be to enter your payment information and address information for delivery.
    5) Finally, click on the "Place Order" button to finalise your order. By doing so, you issue a binding order for the products. For more information regarding when the purchase contract comes into effect, see the related section of the Terms and Conditions. See our Help page for more information on the ordering process.


  5. Right to Reject Orders

    We reserve the right not to accept an online order. The decision is made at our full discretion. If an order is not executed, we will inform the party placing the order.


  6. Prices

    All of the prices in our online shop are in pound (GBP) and include the statutory value added tax. The prices given online at the time the order is placed are the contractual prices. The rate and amount of value added tax (VAT) will be listed separately in the invoice.
    All invoices include additional shipping charges as quoted during the order process.


  7. Vouchers

    Any vouchers used to pay for your order will only be accepted if they cover the full purchase value. Please note that this applies to the value of the merchandise actually purchased not the value of your initial order.

    The value of the voucher can therefore only be claimed by you once any returns have been checked. If the voucher value was claimed without taking the value of returns into account, we will recharge any unjustified amount. We are also entitled to charge an unjustified voucher value against the return.


  8. Shipping and Delivery

    We only accept orders within the United Kingdom and we only ship within UK (excluding the Channel Islands). We will inform you by email when your order has been received and a second time when it has been processed. All deliveries are handled by either Hermes or DHL.
    Regardless of the sum of the order, a shipping charge of £ 3.95 will be added to your invoice. This covers part of the costs of shipping and handling, the rest of which is covered by the online shop.
    If we are unable to ship your order, we will inform you by email. We will also inform you immediately if there are any shipping delays. We only deliver while supplies last.
    Delivery dates are only an estimate unless we make an explicit statement through other channels. We normally ship within 3-5 days after your order is received. Specific exceptions will be given on that product listing. For further delivery information, see here.


  9. Credit Checks

    We reserve the right to review your credit. Your personal information will be shared with one or more of the following service providers:

    InfoscoreConsumer DataGmbH, Rheinstr. 99, D - 76532 Baden-Baden, Germany
    Schufa Holding AG, Hagenauer Strasse 44, D - 65203 Wiesbaden, Germany
    Bürgel Wirtschaftsinformationen GmbH & Co. KG., P.O. Box 500166, D - 22701 Hamburg, Germany

    The following statement applys for credit checks using Bürgel or Infoscore: Please be informed that, to reach a decision regarding whether to establish, execute or end this contractual relationship for reasons of risk management, probability statistics for your future behaviour will be compiled and analysed and address information will be used to calculate these probability statistics.

    All personal information will be kept strictly confidential and your personal privacy will be ensured to the full extent of the law.


  10. Privacy

    1. Is my personal data protected by the online shop? Is it shared with third parties?
    It is very important to us to handle your personal information carefully and confidentially so that you can use our store confidently and securely. We have therefore set up our website so that your visit to our shop is basically anonymous. To optimise our website in terms of security and function, we use information which we compile and store during your visit to our shop. This includes the IP address of your CPU, though this is kept anonymous. In accordance with the general German Data Protection laws, we do not share your personal information with third parties.

    2. What are cookies and how are they used?
    Cookies are cryptic numbers used to manage connections to our websites during a session and to improve user-friendliness. If you wish to make the use of cookies more transparent, you can change your browser settings to inform you when cookies are downloaded. A "cookie" is a small file transferred to your computer when you surf on our website. A cookie can only get information which we send to your computer – it does not collect private information. If you accept the cookies from our website, we do not get any access to your personal information, but we can identify your computer with the help of a cookie. Most browsers are set by default to accept cookies. You can use the security settings to temporarily accept or prohibit saved cookies individually. If you deactivate cookies, some features of our site might not be available, and some pages might not be displayed correctly. The information stored in our cookies is not linked to your personal information (name, address etc.). Without your express authorisation, we will not link the data stored in our cookies to your personal information (name, addess etc.). We use "permanent" cookies; these remain on your computer to simplify our shopping, personalisation and registration services when you visit our shop again. Cookies can record what you buy, for example, while you continue to shop. They also enable you to only enter your password once to log in. "Permanent" cookies can be manually removed by the user.

    3. Which browser settings are recommended to get the most out of the E-shops?
    To optimise the function and display in our E-shop, you should have Internet Explorer (version 6 or higher) or Mozilla/Firefox (version 1.5 or higher). Please also activate Java and JavaScript. Also activate the "Accept cookies" function, so that all shopping cart functions will be available to you.

    4. What screen resolution best displays the products?
    To get the optimal display of our shop and our products, we recommend that you set your screen resolution to 1024 x 768 pixels.

    5. Do I have to register before I make any purchases in the online shop?
    It is not necessary to register in order to purchase merchandise in our online shop. You only have to give us your name, your address and your date of birth.

    6. I forgot my password – what should I do?
    If you forget your password, you can request that it be sent to you by clicking on "Forgot Password" on the log-on screen. You will soon be sent an e-mail at the address you gave us when you registered. This e-mail will contain the password you can use to log back in.

    7. Contact
    ProFashion GmbH
    Heidelberger Str. 9-11
    D - 69226 Nußloch
    Germany

    District Court of Mannheim: HRB 337468
    VAT ID Number DE 813468673

    Legal Representatives/Managing Directors:
    Robert Küper
    Manfred Plaar

    Operations:
    E-Commerce Management
    Manfred Carsten
    Heidelberger Str. 9-11
    D - 69226 Nußloch
    Germany

    For further questions, we are happy to assist you by telephone from Monday to Friday, 8:00 a.m. to 8:00 p.m. at our service number +44 (0) 208 097 3016 (German landline) or per e-mail at service.uk@bettybarclay.com.

    8. Sharing Personal Information
    The personal information collected on you as part of the order process will be shared with the parcel service commissioned to deliver the order to the extent necessary for this purpose. "We will request and use your personal information solely for the purpose of handling your order, unless you request additional services." "Our privacy practices fulfil all of the requirements of the German Federal Data Projection Act (BDSG) and the Telecommunications Act (TMG)."

    9. Google Analytics
    This website uses Google Analytics, a web-analyse service by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are saved onto your computer and enable the service to analyse the use of this website. The information generated by the cookie regarding your use of this website (including your IP address) is transmitted to the Google server in the US and stored there. ProFashion GmbH will use this information to analyse your use of our website, to compile reports about website activities for the website operator, and to perform other services related to website usage and Internet usage. Google will also share this information with third parties to the extent allowed by law and to which these third parties are using the information on Google's behalf. Google will not link your IP address with any other information it has collected. You can prevent the installation of cookies by changing the settings on your browser software; please be aware, however, that this might prevent some functions on this website from working. By using our website, you declare that you agree with the processing of information compiled on you by Google in the manner and for the purposes described above."

    10. Customer Account
    We offer you the option of saving your personal information in a password- protected customer account (registration and issue of a customer number), so that you do not have to re-enter your name and address when you order again. The information is then automatically entered into the order form. All you need to do is log-in with your password when you next place your order.


  11. Payment

    The online shop offers the following payment options:

      - Paying by credit card: We accept VISA and Euro-Mastercard. Your credit card will be billed when we ship the merchandise.

      - Paying by advance transfer: We ship the merchandise as soon as the invoice amount has been received. The bank account information and invoice total will be sent to you in a separate, automatically generated e-mail.

      Payment by cash or check is not an option. We accept no liability for cash or checks sent to us. If we accept a check, it will be on a conditional basis. The customer is then only entitled to offset its own claims against ours if these counterclaims are undisputed or legally established. The customer also has the right of retention for counterclaims arising from the same contractual relationship.


  12. Right of Cancellation

    The consumer may retract the statement concerning his willingness to enter into a contract within a period of 14 days, without giving reasons, by giving written notice (e.g. letter, fax, e-mail) or - if the merchandise is supplied to him prior to the expiry of this time limit - by returning the merchandise. The time limit starts to run once the written notice of cancellation has been received, but not before the merchandise is received by the recipient (where similar merchandise is delivered on a recurring basis, then not before receipt of the first partial delivery), nor before we have fulfilled our obligation to provide information as defined in Article 246, § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB"), as well as our duties under § 312e (1) sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the notice of cancellation or the merchandise is sufficient for the purposes of compliance with the time limit for cancellation.

    Costs of Returning Merchandise to Exercise Right of Cancellation
    The seller bears the costs of returning the merchandise in this case.

    Return merchandise to:
    ProFashion GmbH
    Werner-Haas-Straße 5
    D-74172 Neckarsulm
    Germany

    E-mail: service.uk@bettybarclay.com

    Consequences of Returning Goods

    In the event of an effective return, it must be ensured that the services received by both parties are returned along with any benefits gained as a result (i.e. advantages of use). If you are unable or only partially able to return these services, or if the merchandise is showing wear, compensation may be demanded. This is not the case when the wear on the goods can be compared to the type of testing that would, for example, have been possible in a store. By the way, you can avoid the obligation to provide compensation for wear caused by using the product in a way that is not intended by treating the items as if they are not your property and not doing anything that may affect their value.


  13. Guarantee

    Should delivered items display obvious material or manufacturing defects, also including transport damage, please immediately inform us or the transport company charged with the delivery about these defects. While failure to do so does not impact your legal guarantee claim, it makes it easier for us to determine the cause of damage, which is a benefit for you. You have the legal claims for remediation of all faults in the delivered merchandise during the legal guarantee claim period. The legal guarantee claim period is 2 years and begins with receipt of the merchandise by the buyer.


  14. Complaints procedure

    Under current law, we are obliged to inform consumers of the existence of the European online dispute resolution platform, which can be used to settle disputes without needing to go to court. The European Commission is responsible for launching the platform. You will find the European online dispute resolution platform here: http://ec.europa.eu/odr.


  15. Legal Notice / Operator of Online Shop

    ProFashion GmbH
    Heidelberger Str. 9-11
    D - 69226 Nußloch
    Germany

    District Court of Mannheim: HRB 337468
    VAT Identification Number DE 813468673

    Legally Represented by Managing Directors:
    Robert Küper
    Manfred Plaar

    Operations:
    E-Commerce Management
    Manfred Carsten
    Heidelberger Str. 9-11
    D - 69226 Nußloch
    Germany

    Feel free to direct any further questions to us by telephone Monday to Friday, from 8:00 a.m. to 8:00 p.m. at our service number +44 (0) 208 097 3016 or per e-mail at service.uk@bettybarclay.com.