Terms and Conditions

1. General Provisions/Scope of Application

1.1. These General Terms and Conditions of Sale (hereinafter ‘GTC’) apply to all our (ATLAS WORKWEAR GmbH & Co. KG, Frische Luft 159, 44319 Dortmund, info@atlas.shop) deliveries and services under contracts concluded via our online shop at www.atlas.shop.

1.2. For the purposes of these T&Cs, a consumer is any natural person who enters into the contract for a purpose that is neither attributable to their commercial nor their self-employed professional activity (Section 13 of the German Civil Code (BGB)), whilst a trader is a natural or legal person or a partnership with legal capacity who, at the time of concluding the contract, is acting in the course of their commercial or self-employed professional activity (Section 14(1) of the German Civil Code (BGB))

1.3. Our General Terms and Conditions apply exclusively; we do not recognise any terms and conditions of the purchaser that conflict with or deviate from our General Terms and Conditions, unless we have expressly agreed to their validity. The following applies additionally to traders: Our terms and conditions of sale shall also apply to all future transactions with the customer, even if they are not expressly agreed upon again.

2. Conclusion of the Contract

2.1. The presentation of products in our online shop does not constitute a legally binding offer, but serves to enable the customer to make a binding offer. The presentation in our online shop is therefore merely a non-binding online catalogue.

2.2. By submitting the order in the final step of the ordering process (the ‘Place order with obligation to pay’ button), the customer places a binding order for the goods contained in the shopping basket. During the ordering process, the customer may, at any time before clicking the ‘Place order with obligation to pay’ button, correct or cancel the order using the options provided in our online shop or via standard browser functions.

2.3. We shall confirm receipt of the order by means of a separate order confirmation, which will also be sent to the customer together with our General Terms and Conditions and the cancellation policy. This order confirmation does not yet constitute acceptance of the customer’s offer and therefore does not result in the conclusion of a contract.

2.4. We may accept the customer’s order (the offer) as follows:

by sending a separate order confirmation by email within five (5) working days from the day following the submission of the order; the timeliness of the order confirmation is determined by its receipt by the customer,

by delivering the goods within ten (10) days from the day following the date on which the order was sent, in which case the timely receipt of the goods by the customer shall be decisive; or

by issuing a request for payment.

If more than one of the above alternatives applies, the contract shall be concluded at the time when the first of the aforementioned alternatives occurs. If we do not accept the purchaser’s offer within the time limits set out above, this shall be deemed a rejection of the offer, with the consequence that the purchaser is no longer bound by their offer.

2.5. Paragraphs 2.1 to 2.4 do not apply where the payment methods ‘prepayment’, ‘instant bank transfer’ and ‘PayPal’ are selected. If the customer selects these payment methods, the display of the products in our online shop already constitutes an offer, which the customer accepts by submitting the order. In such cases, the contract is concluded upon placing the order.

3. Contract language, storage of contract data

3.1. The contract may only be concluded in German.

3.2. The customer’s personal data provided during the ordering process, together with all data essential for the conclusion of the contract (name, address, goods, terms of sale, General Terms and Conditions, etc.), will be stored by us. This data remains accessible for 3 months following the conclusion of the contract. If the customer requires or wishes to view this data, they may contact us as follows:

ATLAS WORKWEAR GmbH & Co. KG, Frische Luft 159, 44319 Dortmund, info@atlas.shop

If the customer has set up a user account with us before submitting their order, the order details will be archived by us until the customer account is deleted and can be accessed by the customer free of charge via their password-protected user account by entering the relevant login details.

4. Prices / Terms of Payment

4.1. All prices quoted are in euros and include statutory VAT, which is shown separately.

4.2. We offer the following payment methods:

Payments via PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods via PayPal. You will be redirected to the website of the online provider PayPal. There, you can enter your payment details, confirm the use of your data by PayPal and authorise the payment to PayPal.

a. Credit card:
If you have selected credit card as your payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be processed by your credit card company at PayPal’s request immediately after you have confirmed the payment authorisation and your identity as the legitimate cardholder has been verified, and your credit card will be debited. Further details will be provided during the ordering process.

b. Direct debit:
If you have selected direct debit as your payment method, you do not need to be registered with PayPal to pay the invoice amount; instead, you issue a direct debit mandate to PayPal. PayPal will inform you of the date on which your account will be debited (known as ‘prenotification’). Upon submission of the direct debit mandate immediately following confirmation of the payment instruction, PayPal instructs its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. Further details will be provided during the ordering process.

c. Invoice:
If you have selected the ‘Invoice’ payment method, you do not need to be registered with PayPal to pay the invoice amount. Following a successful address and credit check and once the order has been placed, we assign our claim to PayPal. In this case, you may only make payment to PayPal with discharging effect. In addition to our Terms and Conditions, PayPal’s Terms and Conditions and Privacy Policy apply to payment processing via PayPal. Further information and PayPal’s full terms and conditions regarding purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE

Payments via Apple Pay and Google Pay

You can also pay the invoice amount directly via Apple Pay or Google Pay. To do this, you will be redirected to the relevant payment platform during the ordering process, where you will authorise the payment.

Payments via Klarna

We offer various payment methods through the Klarna payment service.

a) Klarna Pay Later

In partnership with Klarna, we offer you the option to pay the invoice amount only after you have received the goods. Payment is made directly to Klarna. Klarna’s Terms of Use and Privacy Policy apply.

b) Klarna Pay Now

With Klarna Instant Bank Transfer, you can pay the invoice amount conveniently and securely directly via your online banking account whilst placing your order. Once you have completed your order, you will be redirected to the Klarna website to make the transfer.

Payments via Mollie

Through our payment provider Mollie, we offer you further payment methods:

a) Purchase on account

When purchasing on account via Mollie, you will receive the goods first and pay the invoice amount directly to Mollie within the timeframe specified on the invoice.

b) EPS (for customers in Austria only)

You will be redirected to your bank’s online banking page, where you can make a secure payment using the EPS system.

c) Bank transfer

Once you have completed your order, you will transfer the invoice amount directly to Mollie. You will receive our bank details and further payment information during the ordering process and by email. The goods will be dispatched once payment has been received.

4.3. Our bank details are as follows:

IBAN: DE79 4435 0060 1000 6295 41
Account number: 1000629541 Sort code: 44350060
BIC: WELADED1UNN

5. Delivery, delivery time, transfer of risk

5.1. The following applies to transactions with businesses:

5.1.1. Compliance with deadlines for deliveries and services or a delivery date is conditional upon the timely receipt of all specifications and documents to be supplied by the customer, as well as the customer’s compliance with the agreed terms of payment and other obligations. If these conditions are not met in good time, the delivery periods shall be extended accordingly.

5.1.2. Delivery dates are binding only if this has been expressly agreed. Delivery dates shall be deemed to have been met if, by the time they expire, the goods have left the factory or we have notified the customer that the goods are ready for dispatch.

5.1.3. If failure to meet delivery or performance deadlines is due to force majeure, e.g. mobilisation, war, civil unrest, or similar events, e.g. strikes, lockouts, pandemics or official orders to that effect, etc., the deadlines shall be extended accordingly. The same applies in the event of late supply to us.

5.1.4. If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by us as a result.

5.1.5. We are entitled to make partial deliveries to an extent that is reasonable for the customer.

5.1.6. Dispatch shall be carried out on behalf of the customer and at their expense by a carrier of our choice.

5.1.7. The risk of accidental destruction and/or loss shall pass to the customer upon dispatch or handover to the person carrying out the transport. Furthermore, the risk shall pass to the customer as soon as the customer is in default of acceptance following receipt of our notification that the goods are ready for dispatch.

5.2. The following applies to consumers:

5.2.1. If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods in the first instance if the customer effectively exercises their right of withdrawal. The provisions set out in clause 6 shall apply to the costs of returning the goods in the event of such a withdrawal.

5.2.2. We are entitled to make partial deliveries to an extent that is reasonable for the customer.

5.2.3. If failure to meet delivery or performance deadlines is due to force majeure, e.g. mobilisation, war, civil unrest, or similar events, e.g. strikes, lockouts, pandemics or official orders to that effect, etc., the deadlines shall be extended accordingly. The same applies in the event of late supply from our own suppliers.

6. ATLAS WORKWEAR STORE Vouchers

6.1 Vouchers may be redeemed at the ATLAS WORKWEAR STORE. They are valid for four years from the date of issue. The credit expires after four years.

6.2 The voucher offered is a goods voucher. The voucher value includes VAT and is classified for tax purposes as a single-purpose voucher. The voucher entitles the holder to purchase ATLAS WORKWEAR STORE items and may not be used to purchase further vouchers or services.

6.3 The credit can be redeemed at the ATLAS WORKWEAR STORE till by presenting the voucher along with the barcode and voucher code printed on it. A maximum of nine vouchers may be used per purchase transaction. The voucher can only be redeemed before the purchase transaction is completed. It is not possible to apply the voucher retrospectively.

6.4 If the purchase value is lower than the voucher balance, the remaining balance will remain on the voucher and can be used for a subsequent purchase within the voucher’s validity period. If the purchase amount exceeds the voucher balance, the purchase can be completed using other payment methods available at the ATLAS WORKWEAR STORE checkout.

6.5 The current voucher balance can be enquiries at the WORKWEAR STORE or via WORKWEAR STORE customer service.

6.6 There is no entitlement to a cash payout or interest on the voucher balance.

6.7 Vouchers cannot be returned or exchanged.

6.8 Any commercial resale of ATLAS WORKWEAR STORE vouchers is prohibited.

6.9 ATLAS WORKWEAR accepts no liability for the loss, theft, damage, illegibility or unauthorised use of the voucher.

6.10 In the event of a refund for a purchase made using a voucher and a second payment method, the refundable amount will first be credited to the second payment method. Should the value of the returned items exceed the amount paid via the second payment method, the remainder will be refunded in the form of a new voucher.

7. Right of withdrawal for consumers

Provided that the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and not a business, they have a right of withdrawal as follows:

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.

To exercise your right of withdrawal, you must inform us (ATLAS WORKWEAR GmbH & Co. KG, Frische Luft 159, 44319 Dortmund, info@atlas.shop, Tel. 0231 9242 410) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form provided below, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery option specified by us), without undue delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you post the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods.

You will only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their nature, characteristics and functioning.

End of the cancellation policy

In accordance with Section 312g(2) of the German Civil Code (BGB), the right of withdrawal does not apply, amongst other things, to

contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs;

the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been broken after delivery;

contracts for the supply of goods where, due to their nature, they have become inseparably mixed with other goods after delivery.

8. Model withdrawal form for consumers

If you wish to withdraw from the contract, please complete this form and return it to:

To:
ATLAS WORKWEAR GmbH & Co. KG,
Frische Luft 159, 44319 Dortmund,
info@atlas.shop

I / we(*) hereby withdraw from the contract concluded by me / us(*) for the purchase of the following goods

Ordered on (*) / received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if notifying in writing):

Date:

(*) delete as appropriate

9. Warranty, obligations to inspect and give notice of defects

9.1. The following applies to consumers:

9.1.1. You are entitled to the full range of statutory warranty rights. Our liability for damages is governed by clause 9, even in the event of a warranty claim.

9.2. The following applies to business customers:

9.2.1. Claims for defects by the purchaser are subject to the purchaser having duly fulfilled their obligations to inspect the goods and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB). If the purchaser fails to carry out the proper inspection and/or give notice of defects (which must be in writing), our warranty in respect of the unreported defect is excluded.

9.2.2. Where the goods are defective, we shall be entitled, at our discretion, to remedy the defect or to supply new goods free from defects. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labour and material costs, provided that these are not increased by the fact that the goods have been taken to a location other than the place of performance.

9.2.3. If the subsequent performance has failed, or is unreasonable for the customer (Section 440 of the German Civil Code (BGB)), or is dispensable because

we have definitively refused to provide subsequent performance,

the subsequent performance has not been effected by a date expressly specified in the contract or within a specified period, and the purchaser has, in the contract, made the continuation of their interest in performance contingent upon the performance being timely, or

there are special circumstances which, having weighed up the interests of both parties, justify immediate withdrawal (Section 323(2) of the German Civil Code (BGB)),

the purchaser shall be entitled to reduce the purchase price or, at their discretion, to withdraw from the contract and (where applicable, additionally) to claim damages in lieu of performance or reimbursement of wasted expenditure.

9.2.4. Claims for subsequent performance become time-barred one year after the statutory limitation period commences. The same applies to withdrawal, reduction and damages. This period shall not apply where the law, pursuant to Sections 438(1)(2) (structures and items for structures), 479(1) (right of recourse) and 634a(1)(2) (construction defects) of the German Civil Code (BGB), and it also does not apply in cases of wilful misconduct, fraudulent concealment of a defect, breach of a guarantee of quality, or breach of essential contractual obligations (cardinal obligations, cf. clause 9.1). In such cases, the statutory limitation periods shall apply. The statutory limitation period in the case of a right of recourse against the supplier pursuant to Section 478 of the German Civil Code (BGB) remains unaffected. The statutory provisions regarding the suspension, interruption and recommencement of limitation periods also remain unaffected.

9.2.5. Any claims for damages by the customer arising from a material defect shall be governed by Clause 9.

10. Liability

10.1. Any claims for damages by the purchaser – regardless of the legal basis – are excluded. This does not apply in the event of fraudulent concealment of a defect, breach of a guarantee of quality, injury to life, limb or health, and/or in the event of an intentional or grossly negligent breach of duty on our part, or in the event of a breach of duties the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may reasonably rely (so-called essential contractual obligations / cardinal obligations). Claims under the Product Liability Act are also unaffected by this limitation of liability. This limitation of liability applies equally to breaches of duty by our officers and vicarious agents.

10.2. The claim for damages arising from a breach of essential contractual obligations is limited to the foreseeable damage typical for this type of contract, unless there is intent or gross negligence, or we are liable for injury to life, limb or health.

10.3. The above limitations of liability apply equally to claims for reimbursement of futile expenditure (Section 284 of the German Civil Code (BGB)). The above provisions do not entail any shift in the burden of proof to the detriment of the customer.

11. Retention of title

11.1. The following applies to consumers:

The goods delivered remain our property until the purchase price due for them has been paid in full.

11.2. The following applies to business customers:

11.2.1. We reserve title to all delivered items (hereinafter: ‘goods subject to retention of title’) until all claims have been settled, irrespective of their legal basis, including future or conditional claims arising from contracts concluded simultaneously or at a later date. This shall also apply where payments are made against specifically designated claims.

11.2.2. If there are indications justifying the assumption that the customer is insolvent or is at risk of becoming so, we shall be entitled, without setting a notice period, to withdraw from the contract and demand the return of the goods subject to retention of title.

11.2.3. Any processing or treatment of the goods subject to retention of title shall be carried out on our behalf as the manufacturer within the meaning of Section 950 of the German Civil Code (BGB), without imposing any obligation on us. The processed goods shall be deemed to be goods subject to retention of title within the meaning of clause 10.2.1. Where the goods subject to retention of title are processed, combined or mixed with other goods by the customer, we shall be entitled to co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the invoice value of the other goods used. If our title is extinguished as a result of combination or mixing, the purchaser hereby assigns to us, with immediate effect, the rights of ownership to which it is entitled in the new stock or item to the extent of the invoice value of the goods subject to retention of title, and shall hold them in safekeeping for us free of charge. The rights of co-ownership arising hereunder shall be deemed to be goods subject to retention of title within the meaning of clause 10.2.1.

11.2.4. The customer is only entitled, in the course of normal business operations and provided they are not in arrears with payment of the purchase price, to resell the goods subject to retention of title, to process them, or to combine them with other items or otherwise incorporate them into other items. Any other disposal of the goods subject to retention of title is prohibited. Any attachment or other encroachment on the goods subject to retention of title by third parties must be notified to us without delay. All costs of intervention shall be borne by the purchaser, insofar as they cannot be recovered from the third party and the third-party objection proceedings have been brought justifiably. If the purchaser grants credit to its customer for the purchase price, it must reserve title to the goods subject to retention of title vis-à-vis that customer on the same terms as those under which we have reserved title to the delivery of the goods subject to retention of title. However, the purchaser is not obliged to reserve title to claims against its customer that will only arise in the future. Otherwise, the purchaser is not authorised to resell the goods.

11.2.5. The purchaser’s claims arising from the resale of the goods subject to retention of title are hereby assigned to us in advance. They serve as security to the same extent as the goods subject to retention of title. The purchaser is only entitled and authorised to resell the goods if it is ensured that the claims to which they are entitled as a result are transferred to us.

11.2.6. If the goods subject to retention of title are sold by the purchaser together with other goods not supplied by us at a total price, the claim arising from the sale shall be assigned in an amount equal to the invoice value of the goods subject to retention of title sold in each instance.

11.2.7. If the assigned claim is included in a current account, the purchaser hereby assigns to us a portion of the balance, including the final balance of the current account, corresponding to the amount of this claim.

11.2.8. The customer is authorised to collect the assigned claim until such time as we revoke this authorisation. We shall be entitled to revoke this authorisation if the purchaser fails to fulfil their payment obligations arising from the business relationship in due course or if circumstances come to light which are likely to significantly impair the purchaser’s creditworthiness. If the conditions for exercising the right of revocation are met, the customer must, at our request, immediately disclose the assigned claims and their debtors, provide all information necessary for the collection of the claims, hand over the relevant documents to us and notify the debtor of the assignment. We are also entitled to notify the debtor of the assignment ourselves. The purchaser is not otherwise authorised to assign the claims, not even on the basis of our authorisation to collect them.

11.2.9. If the nominal value (invoice amount of the goods or face value of the claims) of the securities held on our behalf exceeds the secured claims by more than 10 per cent in total, we shall, at the purchaser’s request, be obliged to release securities of our choice to that extent.

11.2.10. Should we assert our retention of title, this shall only be deemed a withdrawal from the contract if we expressly declare this. The purchaser’s right to possess the goods subject to retention of title shall lapse if they fail to fulfil their obligations under this or any other contract.

12. Set-off and retention

The purchaser is entitled to withhold payments only on the basis of undisputed or judicially established counter-claims or claims arising from the same contractual relationship. The customer is entitled to set off claims only against undisputed or legally established counter-claims or counter-claims arising from the same contractual relationship.

13. Data Protection

The customer is hereby informed and consents to data being processed and stored electronically in the course of order processing and invoicing. The delivery note and invoice shall simultaneously serve as notification within the meaning of Section 33(1) of the Federal Data Protection Act.

14. Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts to which a consumer is a party. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

15. Final provisions

15.1. Where the customer is a trader, a legal entity under public law or a special fund under public law, or does not have a general place of jurisdiction in Germany, our registered office shall be the exclusive place of jurisdiction.

15.2. These General Terms and Conditions and all contracts concluded under them shall be governed by the law of the Federal Republic of Germany; the application of the UN Convention on Contracts for the International Sale of Goods is excluded. Mandatory consumer protection provisions of the country in which the customer, who is a consumer, is domiciled shall remain unaffected.

15.3. Should any provision in these Terms and Conditions or any contractual agreement be or become invalid, this shall not affect the validity of all other provisions and agreements.

Last updated: June 2022