Terms of sale
Terms of sale
KELLY Online Shop
General Terms and Conditions (including Consumer Information)
§ 1 Scope, Contracting Party
These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the operator of the KELLY Online Shop (www.kelly.ski).
During the ordering process, you acknowledge the GTC in the version valid at the time of placing your order. Deviating terms and conditions shall not apply.
The operator of the online shop and your contractual partner is:
KELLY Fashion GmbH
Höferwiesen 85
DE – 88267 Vogt
Email: info@highsociety.ski
Phone: +49 (0)179 9219308
VAT ID: DE326059419
The online shop is directed exclusively at consumers within the meaning of § 13 BGB, i.e., natural persons who conclude a legal transaction for purposes that are predominantly outside their trade, business, or profession. Minors are excluded.
Our offer is aimed at consumers with residence and delivery address in Germany, Austria, Switzerland, and other countries specified in our shop. The billing and delivery address must always be in the same country.
§ 2 Conclusion of Contract, Product Presentation
The presentation of our products in the online shop does not constitute a binding offer but an invitation to submit a purchase offer.
You place your order by adding selected products to your shopping cart and clicking the "Order with obligation to pay" button.
After submitting your order, you will receive an email confirming receipt. This confirmation does not constitute acceptance of your offer. The purchase contract is concluded only upon our acceptance, which you will receive in a separate email containing the shipping confirmation (including the invoice).
§ 3 Delivery, Delivery Times, Transfer of Risk, and Shipping Costs
Unless otherwise stated, delivery will be made to the delivery address you specified.
Shipping costs and delivery times are displayed during the ordering process.
Partial deliveries are permitted insofar as they are reasonable and will not incur additional costs for you.
If delivery fails due to reasons attributable to you, you shall bear any additional costs incurred.
§ 4 Prices and Payment
All prices in the online shop include statutory VAT and any applicable shipping costs as displayed.
You may choose from the payment methods offered in the shop.
We reserve the right to exclude certain payment methods in individual cases.
In case of delayed payment, we reserve the right to charge reminder fees and statutory default interest.
§ 5 Retention of Title
The goods remain our property until full payment has been received.
Any resale or encumbrance before transfer of ownership is not permitted.
§ 6 Promotional Vouchers
Promotional vouchers are not for sale and are issued as part of advertising campaigns.
They are valid only during the stated period and cannot be exchanged for cash.
Combining multiple promotional vouchers is not allowed.
§ 7 Right of Withdrawal
Consumers have a statutory right of withdrawal of 14 days.
We voluntarily grant an extended return period of 30 days.
Withdrawal Instructions:
You may withdraw from the contract within 30 days without giving any reason.
The period begins upon receipt of the goods.
To exercise your right of withdrawal, simply send a clear declaration by letter or email to us.
Consequences of Withdrawal:
We will refund all payments received, including standard delivery costs, within 14 days of receiving your withdrawal notice, or at the latest after receipt of the returned goods.
We will use the same payment method you used for your purchase.
We will bear the return shipping costs.
You are only liable for any diminished value resulting from improper handling of the goods.
Exclusions from Withdrawal:
- Goods made to customer specifications or clearly tailored to personal needs,
- Sealed goods not suitable for return for health or hygiene reasons, once the seal has been removed.
§ 8 Rights in Case of Defects (Warranty)
Your rights regarding material and legal defects are governed by statutory provisions.
Minor, material-related variations (e.g., slight color or size differences) do not constitute defects.
A warranty exists only if explicitly stated for the specific product.
§ 9 Force Majeure
Events of force majeure (e.g., natural disasters, epidemics, strikes, government actions) release us from our performance obligations for the duration and scope of their impact.
§ 10 Liability
We are liable without limitation for intent and gross negligence, as well as for injury to life, body, or health.
In cases of slight negligence, we are liable only for breach of essential contractual obligations, and such liability is limited to the foreseeable, typical damage.
§ 11 Trademarks / Intellectual Property Rights
All trademarks, logos, designs, and images on our products and packaging are the property of KELLY Fashion GmbH.
Any use without our prior written consent is strictly prohibited.
§ 12 Data Protection
The processing of personal data is carried out in accordance with the GDPR and our Privacy Policy, available on our website.
§ 13 Battery Regulation Notice
If our products contain batteries, we are obliged under the German Battery Act (BattG) to inform you that used batteries must not be disposed of with household waste.
They can be returned free of charge to collection points or directly to us.
Batteries containing hazardous substances are marked with the symbols Cd, Hg, or Pb.
§ 14 Alternative Dispute Resolution
The EU Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/
We do not participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Applicable Law and Jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers within the EU, mandatory legal provisions of their country of residence remain unaffected.
§ 16 Written Form, Severability Clause
Amendments to these GTC must be made in text form (e.g., by email).
If individual provisions are or become invalid, the validity of the remaining provisions shall remain unaffected.
§ 17 Customer Service
For service inquiries, complaints, or withdrawal, please contact:
KELLY Fashion GmbH
Höferwiesen 85
DE – 88267 Vogt
Email: info@highsociety.ski
Phone: +49 (0)179 9219308
Status: January 2025