Section A

General Terms and Conditions - Status 01.04.2021

§ 1 Scope

These General Terms and Conditions apply to all orders placed by consumers (§ 13 BGB), hereinafter referred to as "Purchaser", via the DESOTO online shop of

91301 Forchheim
Managing Director: Mr. Heino Putnai

Commercial register entry: Local Court Bamberg
Registry number: HRB 2687
VAT Identification number according to § 27a UStG: DE 811 560 154

(hereinafter referred to as "DESOTO") (sale of consumer goods) and only in the Federal Republic of Germany.

For business customers ("companies" within the meaning of § 14 BGB) deviating terms and conditions generally apply; these are the standard terms and conditions of the German textile industry (as of 01.01.2015).

The contractual partner of the customer or the company is WAPPEN MEN´S FASHION GMBH.

All deliveries and services provided by DESOTO shall only be made on the basis of the following GTC in the version valid at the time of the respective order placed by the purchaser or the company. Deviating conditions of the purchaser are not recognised unless DESOTO expressly agrees to their validity in writing.

Individual contractual agreements take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions of business shall not become part of the contract unless their validity is expressly agreed upon.

§ 2 Offers and conclusion of the contract

All offers are always subject to change and non-binding.

The purchaser orders the goods offered in the DESOTO online shop directly on the Internet (

The customer must be 18 years of age. Customers under 18 years of age require the consent of their legal representative.

DESOTO will immediately confirm the receipt of the order placed via the online shop by e-mail. Such an e-mail does not yet constitute a binding acceptance of the order, unless it declares acceptance in addition to confirmation of receipt.

The purchase contract between WAPPEN MEN´S FASHION GMBH and the customer is only concluded upon a declaration of acceptance. This can be done either by sending the goods or by sending an order confirmation in text form.

The minimum order value is 20,-- € (net). Orders below the minimum order value cannot be processed.

§ 3 Prices

The prices quoted on the product pages are in EURO and include the applicable statutory value added tax.

Vouchers can be redeemed in the DESOTO online shop. Only one voucher code per order can be redeemed when ordering, whereby the order value must correspond at least to the voucher value. Vouchers cannot be redeemed for specially marked items.

§ 4 Country shop versions of shipping countries and shipping costs

Delivery exclusively will be made in the country, the pre-selected countries shop version. Shipping to countries beyond the selected country shop version is not possible. The following shop country versions are available and can be chosen:

Shop Germany - Delivery only to Germany, free of shipping costs
Shop Netherlands - Delivery only to the Netherlands, free of shipping costs
Shop Belgium - Delivery only to Belgium, free of shipping costs
Shop Austria - Delivery only to Austria, free of shipping costs

A free of charge collection at the following address is possible for every order, regardless of the selected country shop version:

Konrad-Ott-Str. 1
91301 Forchheim
Mo. to Sa. from 10:00 am to 6:00 am
(ready for collection three working days after order)

§ 5 Delivery conditions

Deliveries are made within Germany and internationally with DHL or a contractual partner of DHL ("parcel delivery company").

Unless otherwise stated in the offer, the delivery time within Germany is 1-3 working days and for orders from the Netherlands, Belgium and Austria 1-6 working days from receipt of payment, or from receipt of the order confirmation for purchases on account. If 14 calendar days exceeding the non-binding delivery date have passed, the buyer may request in writing that DESOTO deliver within a reasonable period of time; upon receipt of the request DESOTO shall be in default.

If not all products are in stock, DESOTO is entitled to cancel their order. Any payments made shall be reimbursed to the customer without delay.

Should the delivery of the goods fail despite delivery attempt and notification by the parcel carrier, DESOTO can withdraw from the contract. Any payments made shall be reimbursed to the customer without delay.

Should products ordered by the purchaser not be available because individual products were not delivered by suppliers despite the prior conclusion of a corresponding purchase contract, DESOTO may withdraw from the contract. In this case DESOTO will immediately inform the purchaser and, if necessary, propose the delivery of a comparable product. Should a comparable product not be available or the purchaser not wish the delivery of a comparable product, DESOTO will immediately exercise its right of withdrawal and refund any payments made to the purchaser without delay. DESOTO's liability for intent or negligence remains unaffected in accordance with § 11 of these conditions.

The use of the articles for advertising purposes or in the context of sweepstakes is permissible only with previous agreement of DESOTO.

§ 6 Payment / Payment Methods

As part of the PayPal Plus payment service, we offer you additional payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal. You'll get more information during the ordering process.

§ 7 Default in payment

All payments of the purchase price are due immediately upon delivery and are to be made without deduction. The buyer is in default insofar as he has not paid 14 calendar days after delivery, without further communication required from DESOTO. If a calendar date is agreed upon for the service, late payment will result in default without the need for a reminder. In the event of the existence of defects, the buyer shall not be entitled to a right of retention if retention is not in reasonable proportion to the defects and the probable costs of supplementary performance (in particular rectification of defects).

After default of payment DESOTO will hand over the claim to a debt collection agency or a lawyer for the purpose of collecting the claim. DESOTO has granted corresponding authority to Akzepta Inkasso GmbH - Registered Collection Services Provider, registered in the commercial register entry of the Traunstein district court under HRB 9299, Jahnstr. 31, 83278 Traunstein, to operate in the name and on behalf of the online shop of DESOTO for these purposes.

The right of DESOTO to withdraw from the contract and to demand the return of the delivered goods remains unaffected.

In case of default of payment DESOTO reserves the right to charge a reminder fee of 5,-- €. The customer reserves the right to prove at any time that the charges asserted were lower in individual cases. In this case, the customer is only obliged to pay the lesser amount.

§ 8 Offsetting

Offsetting payment claims from DESOTO is permitted only in the case of legally established or undisputed claims.

§ 9 Retention of title

The goods remain the property of DESOTO until full payment. Prior to the transfer of ownership, pledging, transfer by way of security, processing or alteration is not permitted without the consent of DESOTO.

The purchaser must inform DESOTO immediately in writing of any access by third parties, in particular of enforcement measures and/or other restrictions on its property. The purchaser shall reimburse DESOTO for all damages and costs arising from a breach of this obligation and from necessary intervention measures against access by third parties.

If the purchaser operates contrary to the contract, especially if the purchaser does not fulfil his payment obligation despite a reminder from DESOTO, DESOTO can withdraw from the contract after setting an appropriate deadline and demand the return of the goods still in the purchaser's possession. The reclamation of goods by DESOTO constitutes a withdrawal from the contract. The transport costs incurred in this context shall be borne by the customer. The seizure of goods by DESOTO always constitutes a withdrawal from the contract. After receiving the goods, DESOTO is entitled to sell them. The proceeds of the sale are to be set off against DESOTO's liabilities - less reasonable costs of sale.

§ 10 Cancellation policy

Right of cancellation

You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period follows fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the final goods.
In order to exercise your right of cancellation, you must inform us,

DESOTO online shop
Konrad-Ott-Str. 1
91301 Forchheim
Tel: 09191 / 83 458
Fax: 09191 / 83 316

by means of a clear declaration (e.g. a letter sent by post, a fax or e-mail) of your decision to withdraw from this contract. You can use the provided sample cancellation form, although this is not mandatory. In order to comply with the cancellation period, it is sufficient that you send notice of the exercise of your right to cancellation before the expiry of the cancellation period.

Cancellation procedure

If you cancel this contract we will immediately refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), at the latest within 14 days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse to refund until we have recovered the goods or until you can prove that you have returned the goods, whichever is earlier.

You must return or hand over the goods immediately, in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract to

Dispatch Warehouse DESOTO Onlineshop
Konrad-Ott-Str. 1
91301 Forchheim

The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.

We bear the costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value results from a handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

Please avoid damaging and contaminating the goods. If possible, please return the goods to us in their original packaging, with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.

For returns within Germany, please use the attached return label. The return label for returns from the Netherlands, Belgium and Austria can be created and printed in the service area under RETURNS INTERNATIONAL. Please enclose the return slip and hand in the parcel to DHL (branch, parcel shop or packing station).

End of cancellation instructions



§ 11 Liability

Irrespective of the following limitations of liability DESOTO is liable in accordance with the statutory provisions for damages to life, limb and health resulting from a negligent or intentional breach of duty by the company, its legal representatives or vicarious agents; damages subject to liability under the Product Liability Act; and for all damages which are based on intentional or grossly negligent breaches of contract and malice by DESOTO, its legal representatives or its vicarious agents.

DESOTO is also liable for damages caused by simple negligent violation of contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the purchaser regularly relies and may rely. The same applies if the buyer is entitled to claims for damages instead of performance. However, DESOTO is only liable if the damage is typically associated with the contract and is foreseeable.

Further liability for DESOTO is excluded regardless of the legal nature of the asserted claim; this also applies in particular to tortious claims or claims for reimbursement of fruitless expenditure instead of performance. Insofar as DESOTO's liability is excluded or limited, this also applies to the personal liability of its employees, workers, staff, representatives and vicarious agents. A change in the burden of proof to the disadvantage of the buyer is not connected with the above regulations.

§ 12 Warranty

The warranty is subject to legal regulations. Please contact our service center (Tel: 09191/83 457 or for a rapid fulfillment of your warranty claims.

§ 13 Out-of-court complaint procedure / online dispute resolution

Since 15 February 2016, the EU Commission has provided an online platform (also referred to as the "dispute resolution platform") for out-of-court settlement. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The dispute resolution platform is available at the external link erreichbar.

§ 14 Dispute resolution proceedings before a consumer arbitration board

DESOTO is not prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

§ 15 Place of jurisdiction / applicable law

Differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is Forchheim.

Section B

Customer information

1. Information about DESOTO and summonable address

WAPPEN MEN´S FASHION GMBH, Konrad-Ott-Str.1, 91301 Forchheim
Managing Director: Mr. Heino Putnai, Registry Court Bamberg, HRB 2687
Service Hotline: Monday to Friday from 08:00 to 20:00 and Saturday from 09:00 to 13:00. 09191 / 83 457

2. Information on the essential characteristics of the goods offered

The essential characteristics of the goods DESOTO offers can be found in the individual product descriptions, within the context of the product presentation.

3. Information about the reservation of non-delivery in case of unavailability

In accordance with § 5 of DESOTO's General Terms and Conditions (GTC), DESOTO reserves the right not to provide the promised service, and thus the delivery of the goods, in the event of their unavailability (see above).

4. Information on terms of payment, delivery and service

Payment by the purchaser is made in accordance with § 6 of the DESOTO General Terms and Conditions (see above) and delivery in accordance with § 5 of the DESOTO General Terms and Conditions (see above).

5. Information about statutory warranty rights

Statutory liability for defects shall apply.

6. Information on the technical steps leading to the conclusion of a contract

The contract is concluded by offer and acceptance.

6. 1 Procedure of an order/offer of the customer
If the customer has found a product in the offer of DESOTO that corresponds to his/her wishes, he/she can put the product into the shopping cart. If the customer wishes to view the shopping cart, he/she can do so at any time by clicking on the "Shopping cart" button. Products that the customer does not wish to order or can no longer order can be changed or deleted at any time by clicking on the button "change article" (changes the number of articles) or "delete article" (remove the selected article from the shopping cart). After all desired goods have been added to the shopping cart, the customer must enter his/her data. DESOTO has specially marked all mandatory data entry fields required for proper order processing.

At the end of the ordering process, the orderer must press the button (button) with the inscription ("Order with obligation to pay").

6. 2 Acceptance by DESOTO
The acceptance of the orderer's offer is made by DESOTO in accordance with § 2 of DESOTO's General Terms and Conditions (see above).

7. Information about contract storage and accessibility of the customer

The contract text is stored in the shop system of WAPPEN MEN´S FASHION GMBH. The customer can view the general terms and conditions on this website at any time. The data of the individual order, as well as the general terms and conditions, are automatically sent to the purchaser by e-mail. The data in the user account becomes available once the customer has completed the order by registering. Orders that are made without registration can no longer be viewed on the Internet after completion.

8. Information on technical means for detecting and correcting input errors

Before completing the order, the customer can correct his/her data at any time. This applies both to the number of goods ordered and to the selected goods themselves. For this purpose the customer can change his data by mouse or keyboard and remove goods from the shopping cart, as well as increase or decrease the number of individual goods to be ordered. In addition, all information on the order is displayed again before the order is completed, enabling the customer to correct it.

9. Information on languages available for the conclusion of the contract

Only German is available for the conclusion of contracts.

10. Information on Postal and E-Mail Advertising

Based on the UWG § 7 (3), we reserve the right to save in combined lists your first and last name, your postal address, your e-mail address and - if we have received this additional information from you within the scope of the contractual relationship - your title, academic degree, year of birth and your professional, industry or business name, and to use them for our own advertising purposes, e.g. for sending offers that may be of interest and information on our products by post or e-mail. You can object to the storage and use of your data for these purposes at any time by sending us a message via the contact data in our imprint.