General Terms and Conditions of Source4fashion S4f GmbH
(Version August 2015)
Here you will find important information on shopping at Puttmeister.com. Please read our General Terms and Conditions carefully.
1. Scope
(1) Any and all offers, sales contracts, deliveries and services provided on the basis of orders by our customers (hereinafter "Customer") through our online shop www.puttmeister.com (hereinafter "Online Shop") shall be governed by these General Terms and Conditions.
(2) The Online Shop is run by (hereinafter "Online Shop Provider")
Source4Fashion s4f GmbH
legally represented by Bernd Sehn,
Badstrasse 18
D-90762 Fuerth
Phone: +49 (0)911 98034494
Fax: + 49 (0)911 98034495
E-mail: [email protected]
Registered with the local court of Fuerth, Germany, registration no. x
VAT Identification no.: DE
(3) The product offerings in our Online Shop are directed to both Consumers and Business Customers, but in each case only to end users. For the purpose of these General Terms and Conditions
(i) a "Consumer" is any natural person concluding a contract for a purpose not related to his or her trade, business or profession (Sec. 13 of the German Civil Code), and
(ii) an "Entrepreneur" is a natural or legal person or a partnership with legal personality who or which, when concluding the contract, acts in the exercise of his/her/its trade, business or profession (Sec. 14 (1) of the German Civil Code).
(4) Contracts shall be subject to the General Terms and Conditions applicable upon their conclusion.
(5) The General Terms and Conditions of the customer do not apply, regardless of whether or not we expressly object to them in a particular case.
2. Conclusion of Contract
(1) The presentation and promotion of articles in our Online Shop do not constitute a binding offer for the conclusion of a sales contract.
(2) The Customer can select products from the product range of the Online Shop Provider, in particular protective bags for eReader and mobile phones, clothing, sunglasses, key ring pendants, bags, etc. and place them in a so-called shopping basket by using the button "... pieces into the shopping basket". Prior to the sending of the offer the customer may view and change the data at any time.
(3) The Customer makes a legally binding offer when he/she sends an order via the Online Shop by clicking on the button "buy". However, the order can only be made and submitted if the Customer accepts these General Terms and Conditions and has integrated them in his offer by clicking on the "accept T&C" button. The Customer is bound to his/her order for a duration of two (2) weeks after he has placed his/her order; his/her right to revoke the order which may exist pursuant to Section 9 of these Terms and Conditions shall remain unaffected hereof.
(4) The Online Shop Provider will confirm receipt of the order placed by the customer via the Online Shop by e-mail without undue delay.
(5) The contract will only become effective if the Online Shop Provider accepts the order placed by the Customer by sending a subsequent notice of acceptance by e-mail or by delivering the ordered items. In this e-mail or in a separate e-mail but at the latest upon delivery of the goods, we will send the customer the wording of the contract (consisting of the offer, the General Terms and Conditions and Order Confirmation) in a durable medium (e-mail or paper printout - i.e. the contract confirmation). The wording of the contract is stored in compliance with the data protection laws.
(6) Should the delivery of the goods ordered by the Customer be impossible, for example, because the corresponding goods are not in stock, the Online Shop Provider will not send an order acceptance. In this event a contract is not concluded. The Online Shop Provider will inform the Customer about this without undue delay and reimburse any considerations he has already received.
(7) The contract is concluded in German.
3. Delivery
(1) Delivery times quoted by us are calculated as of the moment of contract conclusion, provided that the purchase price has been paid. In the event that we do not specify any delivery time for the respective goods in our Online Shop or quote a differing delivery time, delivery time shall be 20 days.
(2) We have set the following delivery restrictions: The Provider only delivers to Customers who have their usual residence (invoice address) in one of the following countries and who can quote a delivery address in the same country:
Germany, Austria, Switzerland
(3) We are entitled to partial delivery, insofar as it is acceptable for the Customer. <br />
4. Prices, Costs, and Payment
(1) Our prices listed on the website of our Online Shop include statutory VAT, if applicable, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer. The shipping costs are set out in our price quotation in our Online Shop. Furthermore, the price including VAT and any incurred payable shipping costs will be displayed in the order form before you send your order.
(2) In the event of partial shipment pursuant to Section 3 (3), you will only have to pay shipping costs for the first delivery. Should you request partial delivery, we will charge shipping costs for each partial delivery.
(3) In the event that you effectively revoke your contractual statement pursuant to Section 9, you may demand the reimbursement of shipping costs due for the shipment to your place (dispatch costs) if the statutory prerequisites are met (for the other consequences of revocation, please see Section 9 (2)).
(4) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment, payment by PayPal or by credit card (VISA, Mastercard, American Express).
(5) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
(6) "Vouchers" are personal codes which enable the Customer to get a reduction on an article sold on puttmeister.com. The field "voucher" is situated on the first page of the shopping basket: As soon as the Customer places the article in the shopping basket, he/she can enter the voucher code in the field and click on "redeem". The voucher can only be used once and cannot be paid out.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier, and shall not be liable for any delays caused by the carrier. Therefore, any transit times specified by us shall only be non-binding estimates.
3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
6. Retention of Title
(1) We retain legal title to any goods supplied by us until the purchase price (including VAT and shipping costs) for the respective goods has been fully paid.
(2) The Customer shall not be entitled to resell the goods delivered by us which are under retention of title, except with our prior written consent.
7. Warranty
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. However, if the Customer is an Entrepreneur, we shall have the right to choose between removal of defects or delivery of another product (as ordered) which is free from defects; such choice shall be made by us with written notice (i.e. "text form“, including by fax or e-mail) to be sent to the Customer within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the supplementary performance pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to revoke the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 8 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Entrepreneurs only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
(5) Any additional guarantee regarding the goods delivered by the Provider shall be excluded, unless it was explicitly stated in the order acceptance of the respective article.
8. Liability
(1) Claims for damages of the Customer shall be excluded. This shall not apply to claims for damages of the Customer based on loss of life, bodily harm, injury or illness, or to claims for damages based on the infringement of essential contract obligations (cardinal obligations), or to the liability for any other damages due to a breach of contract caused by intent or gross negligence of the Online Shop Provider, his statutory representatives, or any vicarious agent. Essential contractual obligations are obligations which must be complied with in order to fulfil the objective of the contract.
(2) In case of the infringement of essential contract obligations, the Provider shall only be liable for foreseeable damages typical of the contract if they were caused by a slight degree of negligence, unless the Customer's claims for damages are based on loss of life, bodily harm, injury or illness.
(3) The restrictions set forth in Subsection 1 an 2 shall also apply to the benefit of the statutory representatives and vicarious agents of the Provider in case the customer asserts any claims directly against them.
(4) The provisions of the German Product Liability Act ("ProdHaftG") shall remain unaffected hereof.
9. Revocation instruction
(1) In case of the conclusion of a distance contract, Consumers have a general statutory revocation right on which the Provider gives the following information in compliance with the statutory sample form. The exceptions of the revocation right are set forth in Subsection (3). Subsection 4 contains a standard withdrawal form.
(2) In all the other cases, the provisions set forth in detail in the following revocation instruction shall apply to the right of revocation.
Revocation instruction
Right of revocation
You have the right to revoke this contract without giving any reasons within fourteen days.
The revocation period is fourteen days and begins on the day you or any other third party named by you and who is not the carrier, has taken possession of the goods.
In order to exercise your right of revocation, you shall inform us (Source4Fashion s4f GmbH, Badstrasse 18, D-90762 Fuerth, Phone: +49 (0) 91198034494, Fax: + 49 (0) 911 98034495 e-mail: [email protected]) by sending an explicit declaration (such as a letter send by post, Fax, or e-mail) stating your decision to revoke this contract. Please feel free to use the attached revocation form, however, this is not mandatory.
The timely dispatch of the revocation declaration shall be deemed sufficient for compliance with the revocation period.
Effects of Revocation
If you revoke this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to revoke this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; In any event, you will not incur any fees as a result of the reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your revocation of this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
We shall bear the costs of the return shipment of the goods.
You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
End of the revocation instruction
(3) Pursuant to Sec. 312 g (2) German Civil Code there is no revocation right in case of the following contracts:
Contracts for the supply of goods which are not prefabricated, but made to the Consumers' choices or specifications or which are clearly tailored to the personal needs of the Consumer;
It shall expire prematurely in case of contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; and in the case of contracts for the supply of sealed audio or video recordings or computer software which were unsealed by the consumer after delivery.
(4) In compliance with the applicable law, the Online Shop Provider gives the following information on the standard withdrawal form:
Standard withdrawal form
10. Data Security
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(2) We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.
(3) We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 10.
11. Governing Law and Jurisdiction, Copy Rights, Salvatory Clause
(1) Any sales contracts concluded between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business ("Kaufmann" within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Fuerth, Bavaria, Germany, shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) We own the copyright to all pictures, films and texts which are published in our Online Shop. The use of these pictures, films and texts is not permitted without our express written consent.
(4) The invalidity of individual provisions of this contract shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by the applicable statutory provisions. However, the entire contract shall be invalid, should adherence to the contract constitute unreasonable hardness for one party.