Terms and Conditions

 

General terms and conditions applied to contracts in the online shop of the website: commerzclothing.com

 

§  1 Scope, Definitons

 

(1) For the business relationship between the webshop Provider commerz by Robin Stoehr ® – Robin Stöhr and Rainer Bienlein GdbR, Steinachstr. 8, 95448 Bayreuth, Germany (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer"), the following Terms and Conditions (hereinafter: Ts&Cs) shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the Customer are not recognized, unless the Provider expressly agrees to their validity in writing.

 

(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity.

 

§ 2 Conclusion of contract

 

(1) The Customer can select products from the assortment of the provider and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the "Buy now" button, he submits a binding request to purchase the goods in the shopping basket. Before sending the order, the Customer can change and view the data at any time. However, the contract-proposal can only be submitted and transmitted if the Customer has accepted these contractual conditions by clicking on the button " I agree with the Ts&Cs and hereby take note of the privacy policy and the withdrawal policy." and thereby included them in his proposal.

 

(2) Then the Provider sends the Customer an automatic confirmation of the receipt of the order by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the request. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the ordered products, the text of the contract (consisting of order, terms and conditions and invoice) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout) (confirmation of contract). The text of the contract will be saved in compliance with data protection.

 

§ 3 Delivery Terms – Product Availability

 

(1) Delivery times stated by us are calculated from the time of our order confirmation, provided prior payment of the purchase price (except for purchase on invoice).

 

(2) If no pieces of the product selected by the Customer are available at the time of the Customer's order, the Provider will inform the Customer immediately in the order confirmation. If the product is permanently unavailable, the Provider refrains from a declaration of acceptance. In this case a contract is not concluded.

 

(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider will also inform the Customer of this immediately in the order confirmation.

 

§ 4 Retention of Title

 

Until full payment has been received, the delivered goods remain the property of the Provider.

 

§ 5 Prices and Shipping Costs

 

(1) All stated prices are final prices included value added tax (VAT).

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(2) Deliveries to an address outside the EU may be subject to import duties and taxes, which are due when the delivery reaches its destination at the delivery address and are to be paid by the customer.

 

(3) Within Germany, delivery is free of shipping costs from an order value of 100 Euro onwards. Below this order value the shipping costs are 5,99 Euro (Standard). The express delivery within Germany costs 16,50 Euro.  The shipping costs for deliveries abroad are displayed during the ordering process after entering the destination country. Currently, the cost for a delivery to a country within the EU is 13.99 euros and for a delivery to a country outside the EU 39.99 euros.

 

(4) The goods are shipped by regular post (ordinarily DHL). The Provider bears the shipping risk if the Customer is a consumer.

 

(5) In case of a withdrawal the Customers have to bear the direct costs of the return shipment themselves.

 

(6) Normal postal delivery times are assumed for delivery, without an exact delivery time can be guaranteed. Within Germany, the usual delivery time is 3 to 5 working days for standard shipping and 1 to 3 working days for express shipping (at extra charge). Delays caused by problems of the deliverers as well as war, riots, natural disasters or other force majeure do not lead to a claim against the seller.

 

§ 6  Terms of Payment

 

(1) The customer can pay by Paypal, Klarna, or manually.

 

(2) The payment of the purchase price is due immediately on conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in arrears by missing this date. In this case, he is obliged to pay the Provider interest on arrears at a rate of 5 percentage points p.a. above the base interest rate.

 

(3) The obligation of the customer to pay arrears interest does not exclude the assertion of further damages caused by delay by the Provider.

 

§ 7  Liability for material faults

 

(1) The provider is liable for material faults in accordance with the legal regulations applicable to this, in particular §§ 434 ff. BGB. For goods delivered to entrepreneurs, the warranty period is 12 months.

 

(2) An additional warranty for the products delivered by the Provider exists only if this was expressly stated in the order confirmation for the respective article.

 

§ 8 Liability

 

(1) Customers's claims on the Provider for damage compensation are excluded. This does not apply to claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the aim of the contract.

 

(2) In case of violation of essential contractual obligations, the Provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence unless the Customer's claims for damages are based on injury to life, body or health.

 

(3) The restrictions of subsections 1 and 2 also apply in favour of the legal representatives and persons used to perform any of our obligations (cicarious agents) of the provider if claims are made directly against them.

 

(4) The limitations of liability resulting from subsections 1 and 2 shall not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the characteristics of the item.

 

§ 9 Right Of Withdrawal

 

(1) When concluding a distance selling transaction, customers basically have a legal right to withdraw from the contract, about which the provider informs in the following according to the legal sample. The exceptions to the right of withdrawal are regulated in subparagraph (2). In subparagraph (3) there is a standard / model withdrawal form.

 

Right of withdrawal

 

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the

goods.

 

To exercise the right of withdrawal, you must inform us (commerz by Robin Stoehr ®, Robin Stöhr and Rainer Bienlein GdbR, Steinachstr. 8, 95448 Bayreuth, Germany) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

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. You will have to bear the direct 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.

 

The return includes as well the original product as the dustbag (fabric-bag) and the number certificate especially for limited items/shirts. The dustbag and the number certificate are parts of the ordered goods.

 

The provider informs about the example form according to the legal regulation as follows:

 

(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.

 

(3) In accordance with the legal regulations, the provider informs about the model withdrawal form as follows:

 

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

 

- To commerz by Robin Stoehr ®, Robin Stöhr & Rainer Bienlein Gbr, Steinachstr. 8, 95448 Bayreuth, Germany; commerzclothing@gmail.com

 

- 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.

 

§ 10 Final clauses

 

(1) We are not legally prepared or required to participate in dispute resolution proceedings before a consumer arbitration board.

 

(2) For all contractual agreements concluded exclusively German law is applicable.

 

(3) The contract remains binding in its rest parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.