§ 1 Area of Application
(1) These General Terms and Condtions apply to contracts, deliveries and any other services between dewadesign/Dewa Bleisinger, Lichtenrader Str. 44, 12049 Berlin and customers of the online-shop www.shop.dewadesign.de, www.dewadesignshop.com and www.dewadesignshop.de. We do not recognise any general terms and conditions of the customer that may conflict with these present General Terms and Conditions.
(2) Customers as defined by these Terms and Conditions are solely consumers according to § 13 of the German Civil Code (BGB), i.e. natural persons who enter a contractual agreement for a purpose that is neither considered a commercial nor self-employed business activity.
(3) The General Terms and Condtions apply in the current version prevailing at the time the order is made. They can be downloaded in a storable and printable version at www.dewadesign.de/terms-and-conditions.pdf.
§ 2 Conclusion of Contract
(1) The products described in our online shop are non-binding offers to purchase our products.
(2) When placing an order thorugh our online shops you have not made a binding contractual offer until you click on "Buy now" at the end of the ordering process. By doing so the customer accepts these Terms and Conditions.
(3) We will then send you an email confirming receipt of your order. However, this does not yet imply acceptance of your order.
(4) A binding purchase contract with us comes into force when we either send you an order confirmation or accept your offer by sending you the products you have ordered.
§ 3 Prices and Delivery Fees
(1) All the prices in our online shop are per item and include value added tax. Delivery fees are additional and are stated during the ordering process. They can also be accessed by the link "Payment/Shipping". Before finalising your order you will be notified of the final price including delivery fees. Prices and delivery fees do not include any customs fees and taxes of the recipient country. The buyer is held responsible for covering these additional fees.
(2) Only the prices shown in the shopping basket at the time the order is placed are valid. We maintain the right to change the prices stated in the online shop before the contract is concluded. In this case we will send you a corrected confirmation of order which must be seperately accepted by you in order to conclude the contract.
(3) The general method of payment is payment in advance, if no other method has been agreed upon. You will receive an invoice stating the total costs including the delivery fees prior to shipping. After recieving the total amount we will immediately send you your order.
(4) Payments can only be made through PayPal or tby bank transfer to our account.
§ 4 Delivery, Risk, Title Retention
(1) The delivery of orders will be made to the address stated by the customer. The stated delivery times are approximate. They depend on when we receive our supplies, on the shippers we contract and the customer's location. The periods or dates given in our online shop therefore represent approximate delivery times and are non-binding.
(2) The delivery of goods is our risk. The risk of accidental loss and accidental deterioration of the goods passes to you upon delivery to you.
(3) We retain title to the goods we delivery until full payment of the purchase price and delivery fees.
(4) If the goods ordered, despite the prior conclusion of a corresponding purchase contract, are unavaible or cannot be delivered on time, we will immediately inform you. In this case you have the right to wait for the delayed delivery or cancel the purchase. In case of cancellation of the purchase any previuosly provided compensation will immediately be refunded.
(5) If we are prevented from fulfilling the obligation to deliver the goods by unforeseen events which we cannot influence, e.g. natural disasters, strikes and force majeure, the delivery period shall be extended appropiately. In this case, we will also inform you immediately. The legal rights of the customer remain unaffected.
§ 5 Revocation Instructions
(1) Right of Revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, email) or - if the products have been delivered before the deadline - by returning the products within a period of 2 weeks without any given reason. The revocation period commences when this revocation instruction is received in text form, but not before receipt of the products by the consignee (in case of recurring deliveries of similar products not before receipt of the first partial delivery) and also not before fulfilling our obligation to inform according to Article 246 § 2 in connection with § 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code well as our obligations according to § 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act to the German Civil Code. To comply with the revocation period the timely dispatch of the revocation or the return shipment is sufficient.
The revocation is to be addressed to:
Dipl.Designer Dewa Bleisinger/dewadesign
Lichtenrader Str. 44
(2) Consequences of revocation
In case of a valid revocation, all mutually received services as well as any derived benefits (e.g. interest) are to be restituted by either side. If you are unable or partially unable to restitute the products to us or can only restitute it in a deteriorated condition, you will be liable to pay compensation to us accordingly. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Products which can be shipped by parcel are to be returned at our risk. You are obliged to bear the regular costs of the return shipment, if the products delivered corresponds to the products ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if the price is higher, you have not yet rendered compensation nor have made contractually agreed partial payment at the date of the revocation. Products which cannot be shipped by parcel will be picked up. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.
End of revocation instructions
§ 6 Return Shipping
(1) In case of exercising your right of revocation, you are obliged to bear the regular costs of the return shipment, if the products delivered corresponds to the products ordered, and if the price of the merchandise to be sent back does not exceed an amount of 40 euros or if the price is higher, you have not yet rendered compensation nor have made contractually agreed partial payment at the date of the revocation. In all other cases, the return shipment for you is free of charge.
§ 7 Warranty
(1) If any damage occurs to the products during shipping please contact the shipping company immediately about the damage. Please inform us in writing about any other noticeable damages due to transport within 3 days after receiving the products. Statutory regulations of German Law remain unaffected by these reprovals.
(2) We are not liable for defects that have arisen as a result of incorrect handling, regular use or by external influences. Warranty claims do not apply for repairs to the products on your own behalf or by third parties without our written consent.
§ 8 Screen Display
(1) The images used to describe the products are sample photos. These do not necessarily represent the products in real life, but serve to illustrate. Depending on the screen, colors and sizes in particular are represented differently. The description of the products is decisive.
§ 9 Liability
(1) We are not liable for minor negligence unless they relate to contractual obligations or warranties or account for loss of life, injury or impairment of health or claims under the German Product Liability Act (Produkthaftungsgesetz).
(2) If we are made liable for minor negligence, the level of liability is limited to damages which are predictable and typical for contracts of this kind.
(3) If our liability is excluded or limited this also applies to the liability of our legal representatives, employees and agents.
(4 ) We are not liable for the functionality of data networks, servers, or data lines to our data center and the permanent availability of our online stores.
§ 10 Set-off
(1) The right to set off a claim is only given when your counterclaim has been legally proved or is uncontested or has been acknowledged by us in written form.
§ 11 Data Protection
(1) The personal data you transmit to us, such as order and account details, will be used exclusively for the purpose of executing your order. All customer data are stored and processed by us in compliance with the regulations of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) and the Teleservices Data Protection Act (Teledienstdatenschutzgesetz – TDDSG).
(2) Your personal data, including the address and email address are only used to process your orders and any return deliveries by us. Your e-mail address is used only for information or confirmation regarding your order.
(3) We do not pass on your personal data, including your address and email address, to third parties. An exception is made in the case of our service partners, who need to be provided with your data in order to execute your order, for instance the shipper contracted to deliver your order and the bank used to process your payment. Credit card data are not stored by us, rather being gathered and processed directly by our e-payment service provider. However, in all cases the extent of the data transferred will be kept to the minimum.
(4) You have the right by the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) to the disclosure of all data stored on you, as well as the right, if applicable, to correct, block or delete said data. If deletion of your data conflicts with any legal, contractual, commercial or fiscal retention periods or any other statutory reasons your data can be blocked instead of deleted.
§ 12 Final Regulations
(1) The law of the Federal Republic of Germany apply to these Terms and Conditions. The CISG is excluded. The applicability of mandatory standards of the country in which you have your habitual residence at the time the contract is concluded remains unaffected by this choice of law.
(2) If any regulation of these Terms, for whatever reason, be void, the validity of the remaining regulations stays unaffected. The ineffective regulation is replaced by the relevant statutory regulation.
(3) The exclusive court of jurisdiction for disputes arising under this agreement shall be our registered office. Contract and negotiation language is German.
Date: 14th September 2012