General terms and conditions
§ 1 Applicability and supplier
§ 2 Conclusion of contract
§ 3 Pricing
§ 4 Shipping charges
§ 5 Delivery terms and reservation of self-delivery
§ 6 Payment terms
§ 7 Retention of title
§ 8 Cancellation policy
§ 9 Return policy in addition to the legal right to cancel
§ 10 Warranty
§ 11 Liability
§ 12 Final provisions
§ 1 Applicability and supplier
1.1 These General Terms and Conditions apply to all purchase orders placed by consumers (§ 13 BGB) via the online shop of DefShop GmbH, Franklinstraße 13, 10587 Berlin.
1.2 DefShop is a verified online shop and has submitted itself to the Trusted Shops code of conduct (available at www.trustedshops.de).
§ 2 Conclusion of contract
2.1 Product presentations within the online shop serve the purpose of submitting an offer to purchase. When clicking the button [Confirm now] you submit a binding offer to purchase.Our products are only sold for private use in common household quantities.
2.2 We may accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five business days.The receipt of your order is confirmed with an automated e-mail immediately after the order is submitted and does not yet represent the acceptance of a contract.
2.3 In the event our order confirmation contains clerical errors or misprints or there are technical transmission errors in determining the price we are entitled to appeal.Payments already made will promptly be reimbursed.
§ 3 Pricing
Prices specified in the product pages include statutory sales tax and other price components.
§ 4 Shipping charges
4.1 For shipments within Germany we charge a flat fee of 4.65 EUR per order.The COD fee is 8.65 EUR.For charges for international shipments please refer to “Delivery conditions” in our shop.
4.2 COD deliveries within Germany are further subject to a fee of 2.00 EUR, collected by the delivery agent on site. There are no additional taxes or costs.
4.3 International shipments outside the EU are also subject to duties, taxes and fees.Information about duties for shipments to countries outside the EU is for example available under the following link:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm
Information about turnover tax on imports for shipments to countries outside the EU is for example available under the following link:
http://auskunft.ezt-online.de/ezto/Welcome.do
Information specifically for Switzerland is for example available at:
http://xtares.admin.ch/tares/login/loginFormFiller.do;jsessionid=RYyPPxGFDVhTVDkDSKJMFnTZhX1lpP7mh
Dl2fyRmnj2VRDZvptYn!-649547224?l=en
§ 5 Delivery terms and reservation of self-delivery
5.1 Only shipments within Germany are sent by DHL. For international shipments the parcel is turned over to the appropriate mail-order establishment of the respective country.
5.2 If the goods cannot be delivered after three delivery attempts we are entitled to withdraw from the contract. Any payments made will promptly be reimbursed.
5.3 If the product ordered is not available due to the supplier’s failure to deliver without our doing, we are entitled to withdraw from the contract.In this case we will promptly inform you and, if applicable, suggest a comparable substitute product.If no comparable product is available or you do not wish to receive a comparable product we will return any services already rendered by you.
§ 6 Payment terms
Payment may be made, at your discretion, by PayPal, Credit Card and Amazon Pay.
§ 7 Retention of title
Good remain our property until paid in full.Prior to the transfer of ownership any pledging, chattel mortgage, processing or transforming is not permitted without our approval.
§ 8 Cancellation policy
Right to cancel
You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without justification.
The term starts the day after day on which you, or a third person who is not the deliverer, with your permission, have/has received the goods.
To exercise your right of cancellation, you must inform us (DefShop GmbH, Franklinstraße 13, 10587 Berlin, Tel: 030 409 982 41, Fax: 030 409 982 401, [email protected]) by means of a clear explanation (eg, the sent by post mail, fax or email) of your decision to withdraw from this contract. You can use for that in 8.2 listed model withdrawal form which is not mandatory.
Timely sending of the cancellation will suffice in protecting the cancellation period.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such 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 such 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 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods. You are only 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.
Financing
If you are financing this agreement with a loan and later cancel it, you are also no longer bound to the loan agreement provided the two agreements form an economic whole. This can particularly be assumed if we are also your lender or if your lender uses our assistance with respect to financing. If we have already accrued the loan at the time the cancellation becomes effective or the item is received, with respect to the relationship with you, your lender will assume our rights and obligations from the financed agreement with respect to legal consequences of the cancellation or the return.The latter does not apply if the object of this agreement is the purchase of financial instruments (e.g. bonds, foreign currencies or derivatives).
To avoid a contractual obligation as much as possible, assert your right to cancel and also cancel the loan agreement, provided you are entitled to cancellation thereof.
End of cancellation notice
8.1 Without limiting your right to cancel, please
- avoid damages or dirt, do not wash the item or remove labels, and if possible return the item in its original packaging including all accessories and all packaging contents.If necessary, please use protective over packaging (especially shoes should also be sent inside packing in addition to the shoe box).If you no longer have the original packaging please use suitable packaging to adequately protect the item from transport damage.
- please return the product to us in a parcel with postage or with our return label/parcel stamp and keep the shipping receipt.
- before return an item please call us at +49(0)30-409 982 41 to notify us of the return.This allows us to assign the products in the fastest possible way.
8.2
(complete and return this form only if you wish to withdraw from the contract)
To
DefShop GmbH
Franklinstraße 13
10587 Berlin
Fax: +49 30 409 982 401
Email: [email protected]
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
___________
(*) Delete as appropriate.
§ 9 Return policy in addition to the legal right to cancel
9.1 In addition to the legal right to cancel we also have a 30 day return policy
9.2 You may exercise the right to return by returning the product received without justification within 30 days. Only items not suitable for parcel post (e.g. bulky goods) can also be asserted by written request for return. The grace period starts at the time goods are received.
9.3 Timely sending of the item or the goods return will suffice in protecting this term.
9.4 Return items suitable for parcel post at our risk. The regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you. Items not suitable for parcel post will be picked up from your location.
9.5 Send your return shipment or request for return to:
DefShop GmbH
Franklinstraße 13
10587 Berlin
Germany
Fax:+49(0) 4099 8240-1 (local rate)
E-mail: [email protected]
9.6 In the event of effective return both parties shall return any services received and any benefits thereof.In the event the item is deteriorated and for use (e.g. amenity and advantage of use) which cannot be returned in whole or in part or only deteriorated you may be obligated to compensate for lost value.
9.7 Obligations to reimburse payments must be satisfied within 30 days. For you this term begins at the time the product or the request for return is sent, for us with receipt of such.
9.8 In order to be able to assert your right to return you should avoid damages or dirt, do not wash the item or remove labels, and if possible return the item in its original packaging including all accessories and all packaging contents.We will otherwise be entitled to assert a depreciation in value or reject the return.
9.9 Please use protective over packaging (especially shoes should also be sent inside packing in addition to the shoe box).
9.10 Please return the product to us in a parcel with postage or with our return label/parcel stamp and keep the shipping receipt., as we will otherwise need to deduct any added costs from the reimbursement amount.Please keep the shipping receipt.
9.11 before return an item please call us at +49(0)30-409 982 41 to notify us of the return.This allows us to assign the products in the fastest possible way.
9.12 At any rate, the legal right to cancel remains untouched of the above stipulations (ciphers 9.1 – 9.11).
§ 10 Warranty
Warranty is granted according to the law.
§ 11 Liability
11.1 We assume no liability for slightly negligent breaches of duty provided this does not pertain to essential contractual obligations, damages from injury to life, body or health, or warranties, or concern claims according to the Product Liability Law.Essential contractual obligations are those which actually allow the proper execution of the contract and the satisfaction of which you can rely on.
11.2 The same applies to breaches of duty of agents and legal representatives.
§ 12 Final provision
12.1 These General Terms of Use thoroughly and conclusively govern the contractual relationship.Amendments and addendums must be made in writing to be effective.This also applies to waiving the clause for written form.
12.2 In the event one of the stipulations of these General Terms and Conditions are invalid the contract remainder of the agreement remains effective.The invalid stipulations shall be replaced by the respective laws.
12.3 Subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4 This contract may be concluded in German or in English.
12.5 If you are an entrepreneur or have no general place of jurisdiction in Germany or another EU member state or have moved your residence abroad after these General Terms of Use became effective or your residence or usual residence is unknown at time action is filed, the sole place of jurisdiction is the offices of Defshop.
