General Terms and conditions of Brandcraft GmbH for business transactions with consumers
If you want to return your purchased order, please send it back with a short written note to our office:
Souve Bag Co, Steinstr. 73, 81667 Munich, Germany
T: +49 (0) 89 24297777, M: email@example.com
1. TERMS AND CONDITIONS; CONTRACTUAL PARTNERS
The following General Terms and Conditions (hereinafter referred to as "General Terms and Conditions" apply to all contracts for the purchase of goods in the online shop of Brandcraft GmbH, Steinstr. 73, 81667 Munich, Germany (hereinafter referred to as "Souve") e.g., accessible via www.souve.net by the customer (hereinafter referred to as "Customer"; Souve and the Customer hereinafter jointly referred to as the "Parties"). Any deviating terms and conditions of the Customer shall not become an integral part of the contracts between the Parties even if Souve does not expressly contradict their effectiveness. Contractual partners within the scope of the contract are exclusively Souve and the ordering Customer.
2. ORDERS BY THE CUSTOMER
2.1. All orders by the Customer apply subject to acceptance by Souve and the availability of the goods. When submitting an order, the accuracy and completeness of all information submitted are guaranteed by the Customer. In addition, the Customer confirms that he/she is an authorized user of the credit or debit card or other method of payment used for the order. 2.2. Only adults with a existing residential address may order from us. The order must not be placed for commercial nor independent professional activity and not on behalf of a third party. Merchants within the meaning of Section 14 German Civil Code are not entitled to place orders. We expressly point out that we will not issue invoices within the meaning of Section 14 German Value-Added Tax Act.
3. ENTERING INTO A CONTRACT
3.1. The presentation of products in the online shop is not a legally binding offer, but only non-binding product advertising. By ordering goods, the Customer submits a binding offer to enter into a purchase contract. After submitting the order, the Customer will receive an email acknowledging receipt of the order (hereinafter referred to as "Order Acknowledgment"). This Order Acknowledgment represents acceptance of the offer, but this does not yet result in a contract coming into existence. A purchase contract between Souve and the Customer will only come into existence by means of a further express order confirmation (offer acceptance by Souve after checking the Customer data (credit and identity check) and availability of the goods) or by sending of the goods. 3.2. Goods are only sold in usual household quantities.
4. TERMS AND CONDITIONS OF DELIVERY; SHIPPING COSTS; COSTS FOR RETURNS IN THE EVENT OF CANCELLATION
4.1. Deliveries by Souve shall only be made after receipt of the purchase price in addition to any shipping costs incurred in accordance with Articles 4.3 to 4.5 here in below. 4.2. Goods will only be delivered to the delivery address stated by the Customer by mail after payment has been received. 4.3. Deliveries within the Federal Republic of Germany, shippings costs are free of charge (delivery within 2-3 business days). 4.4. Shipments to other EU member States are 9.50 Euro, to Switzerland 14.50 Euro. Worldwide countries will be charged with 19.50 Euro per carton box (each max. 10kg). 4.5. In the event of exercising the statutory cancellation right in accordance with Article 6, the following rule shall apply with regard to the costs for returning the goods: Costs of return shipping will not be borne by Souve
5. PRICES AND PAYMENT METHODS
5.1. The prices stated in the online shop include statutory value-added tax plus any shipping costs in accordance with Articles 4.3 to 4.5 hereinabove. During the ordering process, the Customer will be provided with an overview showing the total price of the order before the order is sent. 5.2. The Customer can then make the payment by credit card, PayPal, immediate bank transfer or normal bank transfer [or direct debit]. 5.3. The Customer can change the payment type stored in his/her user account at any time. 5.4. Payment of the purchase price is due immediately when the contract is concluded. If the due date is determined in accordance with the calendar, the Customer will be in arrears as soon as the deadline has been missed. In such event, the Customer is to pay Souve interest on arrears at a level of 5 percentage points above the base interest rate. 5.5. The obligation of the Customer to pay interest on arrears shall not exclude the possibility of asserting a claim for further damages by Souve. 5.6. If the Customer has chosen bank transfer as the payment method, the acceptance of the purchase contract by Souve is made on the condition subsequent that full and complete payment be made to Souve by bank transfer within seven (7) bank business days.
6. REVOCATION NOTICE
Right of Cancellation You have the right to cancel this contract within one-hundred days without stating a reason. The cancellation period totals one-hundred days from the day on which Customer or a third-party appointed by you, who is not a carrier, take(s) possession of the goods. In order to exercise your right of cancellation, you must notify us (Brandcraft GmbH, Steinstr. 73, 81667 Munich, Germany, Tel +49 (0) 89 24297777, email: firstname.lastname@example.org) by means of a clear declaration (e.g., by mail, or email) of your decision to cancel this contract. You may use the attached sample cancellation form, but this is not a requirement. In order to comply with the deadline for cancellation, it is sufficient that the notification of the exercising of the right of cancellation is sent before the end of the cancellation period.
Consequences of Cancellation
If you cancel this contract, we refund to you all payments that we have received from you excluding shipping costs immediately and not later than within fourteen days from the date on which we received your notification of the cancellation of this contract. For such repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees as a result of such repayment. We can refuse to make a repayment until we have received the goods back from you or until you have submitted proof that you returned the goods, depending on which is sooner. The goods must be sent or submitted to our office (Souve Bag Co, Steinstr. 73, 81667 Munich, Germany), Tel +49 (0) 89 24297777, email: email@example.com. The deadline will be considered to have been met if you send the goods within the fourteen days. Costs of return shipping will not be borne by us. You will be responsible for paying for any loss in value if this results from any unnecessary handling on your part when checking the quality, features and functioning of the goods.
End of Revocation Notice
7.1. The Customer is granted the right to exchange the goods by returning them within 100 days (the day after sending will be governing) after receipt of the goods for identical goods of the same price in another colour and/or size on condition that the requested new goods are available. The sending of the goods in due time by the Customer shall govern the compliance with the deadline. If the new goods requested by the Customer are no longer available, the possibility of an exchange is excluded. 7.2. The exchange by means of returning the goods should be addressed to: Souve Bag Co, Steinstr. 73, 81667 Munich, Germany, Tel +49 (0) 89 24297777, email: firstname.lastname@example.org.
7.3. In addition, the Customer has the statutory right of cancellation described under Article 6.
The aforementioned right to exchange does not apply to sale goods, in particular not to any reduced goods as part of sale campaigns.
8. RETENTION OF TITLE
The goods remain the property of Souve until full payment of the purchase price.
The warranty is governed by the statutory provisions.
If the products on offer in the online shop are illustrated by images, these may show other items in addition to the product on offer (e.g., accessories and decorative elements). These items are not part of the product or the order. In addition, images may also show product samples and not the actual concrete product itself; in this case, the image will be identified accordingly. Only the product description will be governing with regard to the products on offer.
10.1. Souve shall be liable without limitation for any and all foreseeable damage and damage arising from acting with intent or with gross negligence. 10.2. In the event of simple negligence, Souve shall be liable without limitation for damage arising from injury to life, body or health. In the event of simple negligence as regards material obligations, the liability shall be limited to foreseeable damage typical for the contract. Material contractual obligations are such obligations, the fulfilment of which allow the proper performance of the contract in the first place and the breach of which endangers the achievement of the purpose of the contract and on the compliance with which the Customer may regularly rely. Otherwise, Souve shall not be liable for property damage and financial loss if caused by Souve, a legal representative or vicarious agent in simple negligence. 10.3. To the extent to which the liability of Souve is excluded or limited under the present Article 10, such shall also apply to the personal liability of employees, representatives and vicarious agents. 10.4. Liability under the German Product Liability Act shall remain unaffected by the provisions hereinabove.
11. APPLICABLE LAW
The laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, shall apply to any and all disputes arising in connection with the initiation, performance or administration of the contractual relationship between the Customer and Souve.
Last updated: Munich, 19.04.2017