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GENERAL TERMS AND CONDITIONS (ONLINE SHOP FOR TEXTILES)



§ 1 Scope and Provider



1. These general terms and conditions apply to all orders you place in the online shop of Puljan & Eichler GbR ("VEKTOR"), owner: Kristina Puljan & Martin Eichler.
2. The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years

3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.

4. Contract language is exclusively German.

5. To see and print the currently valid terms and conditions please visit the website www.vektor-berlin.com.



§ 2 Conclusion of contract



1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.

2. By clicking the button ["Buy Now"] you submit a binding buying offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.

3. After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.

4. A purchase contract for the goods is only concluded when we expressly declare the acceptance of the purchase offer (order confirmation) or when we send the goods to you without prior express acceptance. Exception: when paying in advance and with PayPal, the order is accepted immediately with your order.
 


§ 3 prices

The prices stated on the product pages include VAT (19% in Germany) and other possible price components and are exclusive of the respective shipping costs. Further information about shipping costs can be found on our website under ["Shipping" / "Terms of Delivery"].




§ 4 Terms of payment; delay



1. The payment takes place after invoicing by advance payment, credit card, PayPal or

cash at studio-pickup.

2. The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, like to secure our credit risk we only accept advance payment.

3. When selecting the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.

4. If paying by credit card, the purchase price will be reserved on your credit card at the time of order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.

5. When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.

6. If you default on a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
 



§ 5 set-off / right of retention



1. You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

2. You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.



§ 6 delivery; Retention of title



1. Unless otherwise agreed, the delivery of the goods goes from our warehouse to the address specified by you.

2. The goods remain our property until full payment of the purchase price

3. If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:



- We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. A pledge or security transfer is not permitted before the transfer of ownership of the reserved goods.

- You may resell the goods in the ordinary course of business. In this case you assign to us already now all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.

- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.

- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be at our exclusive discretion.





§ 7.1 Cancellation Policy



In the event that you are a consumer within the meaning of § 13 BGB, ie the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.


Withdrawal


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

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.



To exercise your right of withdrawal, you must contact us "VEKTOR" Puljan & Eichler GbR,

℅ GH 28, Große-Hamburger-Straße 28, 10115 Berlin, Germany (email: contact @ vektor-berlin.com) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.

You can use the attached model withdrawal form, which is not required.



In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 


Consequences of the cancellation



If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You have the goods immediately and in any event not later than fourteen days from the date on which you inform us of the revocation of this contract to us or to [possibly Name and address of a person entitled to receive the goods]. The deadline is met if you send the goods before the expiry of the period of fourteen days.



You bear the immediate costs of returning the goods.

You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the goods.

§ 7.2 Production on order / made by order (with possible changes or note of the limitation)

If you order a product and it is made especially for you, the right of return expires, unless there are justified defects in the product. I therefore ask you to deliberately and deliberately order. I am happy to give you the opportunity to try on-site clothing, our studio, in the Große-Hamburger-Straße 28.

End of revocation

1. The right of withdrawal does not apply to the delivery of goods that 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 personal needs of the consumer.

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

3. Please call us before returning at [+49 160 8744576] or send us an e-mail with the subject line "Return" to contact@vektor-berlin.com to announce the return. In this way, you enable us to assign the products as quickly as possible.

4. Please note that the modalities mentioned in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

 


§ 8 Transport damage


1. If goods are delivered with obvious damage in transit, please complain about such errors immediately to the deliverer and please contact us as soon as possible.

2. The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.



§ 9 Warranty


1. Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).



1. If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods - deviating from the legal provisions - one year.This restriction does not apply to claims for damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal duty) as well as for claims due to other damages resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents based.

2. For the rest, the statutory provisions, in particular the two-year limitation period pursuant to Sec. Section 438 (1) no. 3 BGB.

3. If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:

- For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.

- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.

- In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.

- If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.

- The warranty period is one year from date of delivery.
 


§ 10 Liability

1. Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the product liability law. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.

2. In addition, the following limited liability shall apply: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.



§ 11 Alternative Dispute Resolution


The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform can be reached at the external link http://ec.europa.eu/consumers/odr/.

We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.



§ 12 Final Provisions



1. Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.

2. Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.

3. If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Year: 2018

translateCopyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4

 

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