GENERAL TERMS AND CONDITIONS (AGBs)
The following General Terms and Conditions (GTC) govern the contractual relationship between SILO GbR (hereinafter referred to as SILO), represented by the two shareholders Silke Bücker and Barbara Markert, and their clients and buyers. The GTC apply to the use of the SILO website and all subdomains belonging to this domain plus deliveries and services arising in the normal business relationship between SILO and its clients and users. The version valid at the time of the conclusion of the contract shall be authoritative in each case.
Purchasers and clients within the meaning of these Terms and Conditions are natural persons who enter into a business relationship with SILO without this being attributable to their commercial or independent professional activity.
Conclusion of Contract
The offers in the brick-and-mortar shop as well as on the e-shop of SILO's Instagram account constitute a non-binding invitation to the buyer to purchase or order goods. In the normal sales process, SILO acts as a commission agent, i.e. on behalf of and as an authorised representative of the seller/owner of the goods under private law. Trading takes place in the SILO's own name and for the account of a third party. In exceptional cases, SILO may also offer its own items or items from commercial sellers on the website. These shall be marked accordingly.
Products are sold for private use only. In the e-Shop, the purchase is made via a private exchange between the purchaser and SILO. If the purchaser accepts the offer, he/she will receive an order confirmation by e-mail, which will set the deadline for payment. In the event of non-payment, the offer shall be deemed to have been rejected. The conclusion of the contract becomes null and void.
The prices published on price labels in our stationary boutique or in the e-shop are stated in EURO. The prices represent final prices including VAT. Shipping costs are not included.
Minimum order value
There is no minimum order value.
SILO ships goods exclusively to countries in the European Community (EU). By arrangement, deliveries to other European countries that are not part of the EU can be accepted.
The delivery time within Germany is usually 2-5 working days after receipt of the purchase price. International deliveries within Europe may take longer depending on the country. The shipping address should be chosen so that the package can be delivered during the day.
The buyer is responsible for shipping costs. The costs of delivery are calculated according to weight and destination in accordance with the currently applicable scale of charges of Deutsche Post/DHL. SILO shall inform the purchaser in advance of the expected costs. During the checkout process in the e-Shop, the purchaser may assert his right to collect the goods himself in the shop.
Deliveries are sent by Deutsche Post/DHL during normal working hours on working days.
Payment, due date, default of payment
Payment for goods is made in the shop by cash, EC/Girocard or credit card (Visa, Mastercard, Maestro, V Pay, American Express). Deliveries in the e-Shop are only made by prepayment via PayPal or bank transfer. Items purchased online can also be collected from the boutique using the means of payment mentioned above. Items ordered and not yet prepaid must be collected from the boutique within 5 working days, otherwise they will be released for sale again. When paying in advance for goods from the e-Shop, the purchaser undertakes to transfer the purchase price within 5 working days after conclusion of the contract to the following account of SILO GbR at Deutsche Bank: IBAN DE48 3707 0024 0227 7986 00, BIC DEUTDEDBKOE.
The object of purchase shall remain the property of SILO and the property of the principal until payment has been made in full.
Complaints due to defects not disclosed in the product description or in the customer discussion or due to incomplete or incorrect delivery shall be notified to us in writing by e-mail or letter without delay, but no later than 72 hours after receipt of the goods. The same deadline applies in the event of doubts about the brand authenticity of a product.
Right of revocation and return
There is no legal right of revocation or return due to dissatisfaction or problems with fit for goods purchased on commission in bricks-and-mortar stores. The same applies to goods ordered in the e-shop that are offered as goods on consignment by private sellers within the meaning of §13 of the German Civil Code (normal case for SILO). The 14-day right of revocation and return customary in online commerce shall apply exclusively to goods from commercial sellers that are identified as such by SILO.
Items purchased and ordered online will only be taken back against reimbursement of the purchase price in the event of damage that clearly reduces the use of the goods, which was neither described in the product description nor addressed in the customer conversation. In order to exercise your right of withdrawal, you must inform us by means of a written statement (e.g. letter sent by post or e-mail) within 48 hours.
Consequences of the revocation
If the contract is cancelled, we will refund at most the purchase price of the item. Subsequent costs or shipping costs already incurred or necessary for the return are not refundable. For the reversal, we will use the same means of payment that you used for the original transaction. The refund will only be made once the goods have been returned to SILO. You must return or hand over the goods to us immediately and in any case no later than 48 hours from the day on which you notify us of the cancellation of this contract. You shall be liable for any loss in value of the goods if such loss in value is due to any deterioration of the goods caused by you through improper use.
Claims for damages due to errors in illustrations and texts or due to late delivery and non-delivery remain strictly excluded. The colour of the products illustrated in the online shop may differ from the actual product colour.
General terms and conditions for consignment clients of SILO GbR
Subject matter of the contract
A consignment contract shall be concluded between the principal and SILO GbR as commission agent.
The consignment client shall hand over the goods on commission to SILO GbR for sale and, by accepting the General Terms and Conditions, assures that the goods on commission are his/her unrestricted property and free of third-party rights.
After the expiry of the consignment contract, SILO shall take custody of the goods on commission for 30 days in accordance with the following provision.
Duration of the Commission Contract
The commission contract begins with SILO's acceptance of the goods on commission and lasts for 90 days for non-seasonal articles. For seasonal items (e.g. swimming costumes, winter hats, winter coats, summer dresses), a longer commission contract may be agreed between the commission agent and SILO. This will be recorded in the commission form. After expiry of the commission period, the commission contract ends automatically.
Ordinary termination of the contract and custody period
From the end of the commission period mentioned above, SILO will take custody of unsold commission goods for a period of 30 days (custody agreement). The consignment client undertakes to collect unsold commission goods within this 30-day custody period. Collection is only possible by prior appointment.
Non-collection during the custody period
If the goods on consignment are not collected during the term of the custody agreement, the items shall become the property of SILO without the principal receiving any financial compensation. SILO is not obliged to inform the consignement client of this fact.
Collection or reclaiming of goods during the commission contract
The consignement client may terminate the commission contract prematurely during the term of the contract without giving reasons, provided that the goods on commission have not yet been sold or reserved at the time of termination. Termination after the sale or reservation of the goods on commission is excluded. In the event of premature termination of the commission contract, SILO shall charge a flat-rate expense allowance of EUR 50 per recalled piece of commissioned goods.
Condition of the goods on commission
The goods on consignment must be clean, in good working order and without any defects that would impair their function. Obvious or deliberate defects must be reported by the consignement client at the time of handover.
The consignement client undertakes that the goods handed over to SILO on consignment are authentic. This means that the branded goods are "genuine", i.e. neither a plagiarism nor an imitation (replica). If proof of authenticity exists, such as invoices or cards with serial numbers, these must be handed over to SILO for resale. These certificates of authenticity will be passed on with the goods to the future owner. Furthermore, SILO is entitled to investigate any doubts regarding authenticity. Any costs for the certificate of authenticity will be added to the sales price and must be reimbursed by the consignement client to SILO against invoice in the event of non-sale. In this case, the new certificate of authenticity will be handed over to the consignement client upon return of the goods. The consignement client shall be liable for all claims under civil law that may arise from the sale of non-authentic products.
The consignement client also undertakes to state if a product has already been purchased by him/her as second-hand goods.
Defect detection after goods acceptance
After acceptance of the goods, SILO subjects the commissioned goods to a detailed quality and authenticity check as well as a defect check. If defects are discovered that were not detected at first glance upon acceptance, these are documented on the commission form and communicated to the consignement client. In consultation, the two parties agree whether the goods will be transferred to the commission business at a reduced sales price or whether the commission contract will be terminated. In this case, the consignement client must collect the goods within one week (7 days).
SILO shall endeavour to achieve the best possible sales price for the goods on commission in line with the market. Pricing is based on expertise, market research and experience.
If the consignement client does not have any ideas about the selling price when handing over the goods on consignment, SILO is free to set a price at its own discretion and without consulting the consignement client. If the consignement client expresses a desired minimum revenue, this will be taken into account in the pricing and recorded in writing in the commission form. If the fixed sales price exceeds the desired minimum proceeds, the goods will be released for sale without further consultation with the consignement client.
If the sales price falls below the desired minimum proceeds, SILO will contact the consignement client for consultation. In this case, the consignement client has the right to withdraw from the commission contract within one week (7 days) and must collect his goods. If the goods on consignment are already registered with SILO, an expense allowance of 10 euros per product may be charged in this case. If the commission taker does not react or does not collect the goods within the deadline, the goods on commission will be put on sale at the price set by SILO.
Settlement of the commission business
SILO executes the commission business in its own name for the account of the consignement client. The sale may be conducted via the stationary trade and/or the e-shop (Instagram). SILO is free to determine the sales channel without consulting the consignement client.
The consignement client shall be entitled to the following commission shares of the gross sales proceeds - subject to other agreements in individual cases, which shall be recorded in writing on the commission form:
|up to 500 €
|501- 1000 €
|from 1001 €
In the event of damage to the goods on consignment and the associated reduction in value, theft and burglary, SILO shall be liable for 50% of the commission share of the sales proceeds to which the consignement client is entitled. No liability shall be assumed in the event of force majeure.
Legal validity of the commission contract
By signing and handing over the goods on consignment, the consignement client confirms that he/she has been informed about the GTC and that he/she has read, understood and accepted them. Upon request, the consignement client will receive a one-time copy of the signed GTCs as a PDF by e-mail. On the other hand, the GTCs can be viewed on the company website www.silo.boutique. As long as they have remained unchanged since the day of the first signature by the consignement client, the GTCs shall also apply to future commission transactions with the same consignement client without further signature.
SILO undertakes to treat private data obtained in the course of business transactions as confidential and not to pass it on to third parties.
In the event of disputes, German jurisdiction shall apply.
For complaints, revocations or enquiries about the terms and conditions, please contact us at:
General notice and mandatory information
Designation of the responsible body
The responsible body for data processing on this website is:
Silke Bücker, Barbara Markert
The responsible body decides alone or jointly with others on the purposes and means of the processing of personal data (e.g. names, contact details or similar).
Revocation of your consent to data processing
Some data processing operations are only possible with your express consent. You can revoke your consent at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to complain to the competent supervisory authority
As a data subject, you have the right to complain to the competent supervisory authority in the event of a data protection violation. The competent supervisory authority regarding data protection issues is the State Data Protection Commissioner of the federal state in which our company's registered office is located. The following link provides a list of data protection officers and their contact details: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to third parties. The data will be provided in a machine-readable format. If you request the direct transfer of the data to another responsible party, this will only be done insofar as it is technically feasible.
Right to information, correction, blocking, deletion
Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, the origin of the data, their recipients and the purpose of the data processing and, if applicable, a right to correction, blocking or deletion of this data. In this regard and also for further questions on the subject of personal data, you can contact us at any time via the contact options listed in the imprint.
SSL or TLS encryption
For security reasons and to protect the transmission of confidential content that you send to us as the site operator, our website uses SSL or TLS encryption. This means that data you transmit via this website cannot be read by third parties. You can recognise an encrypted connection by the "https://" address line of your browser and the lock symbol in the browser line.
Server log files
In server log files, the provider of the website automatically collects and stores information that your browser automatically transmits to us. These are:
- Visited page on our domain
- Date and time of the server request
- Browser type and browser version
- Operating system used
- Referrer URL
- Host name of the accessing computer
- IP address
This data is not merged with other data sources. The data processing is based on Art. 6 para. 1 lit. b DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.
Registration on this website
You can register on our website to use certain functions. The transmitted data is used exclusively for the purpose of using the respective offer or service. Mandatory information requested during registration must be provided in full. Otherwise we will reject the registration.
In the event of important changes, for example for technical reasons, we will inform you by e-mail. The e-mail will be sent to the address given during registration.
The processing of the data entered during registration is based on your consent (Art. 6 para. 1 lit. a DSGVO). You may revoke your consent at any time. An informal communication by e-mail is sufficient for the revocation. The legality of the data processing already carried out remains unaffected by the revocation.
We store the data collected during registration for the period that you are registered on our website. Your data will be deleted if you cancel your registration. Legal retention periods remain unaffected.
Our website enables payment via PayPal. The payment service provider is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
When you pay with PayPal, the payment data you enter is transmitted to PayPal.
The transmission of your data to PayPal is based on Art. 6 para. 1 lit. a DSGVO (consent) and Art. 6 para. 1 lit. b DSGVO (processing for the performance of a contract). You may revoke your consent at any time. Data processing operations in the past remain effective in the event of a revocation.
Source: Datenschutz-Konfigurator von mein-datenschutzbeauftragter.de, translated via www.deepl.com
Instagram Plugin via Elfsight Instagram Feed CC
Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. The Wordpress plugin Elfsight Instagram Feed CC loads the images directly from Instagram and embeds them in our site. All other data is collected and cached on the server side. When you, as a visitor to our website, load the content, it is loaded from Elfsight's cache for the Instagram feed. No personal data is collected for this data request.
For more information on Elfsight's data protection, please visit: https://elfsight.com/privacy-policy/.
For more information, please see the Instagram privacy statement: https://instagram.com/about/legal/privacy/.
Webfonts delivered by Adobe Typekit