General terms and conditions of sale
§ 1 Scope of application
(1) These general terms and conditions of sale (hereinafter referred to as: AGB) govern the legal relationship between us, humour.noir Germany GmbH, Wattstr. 11, 13355 Berlin, Manager Jennifer Steinke and Dr. Daniel Steinke, registered at Berlin District Court (Charlottenburg) under HRB 191005, Tel.: +49 (0) 30 25559839, email: email@example.com and yourselves as our customer in relation to the supply of goods sold on the internet via the website www.humournoir.com (hereinafter referred to as: supply of goods). The AGB apply irrespective of whether you are consumer, entrepreneur or trader.
(2) The AGB version valid at the time of contract conclusion is crucial.
(3) We do not accept differing customer terms. This also applies, even if we do not specifically object to their use.
§ 2 Contract conclusion
(1) The presentation and promotion of articles in our online shop do not constitute a binding offer for conclusion of a purchase contract.
(2) Upon placing an order via the online shop by clicking the “order and pay” button, you are submitting a legally-binding order. You are bound to the order for two (2) weeks after submission; any right you might have to cancel your order in line with § 3 is not affected hereby.
(3) We confirm receipt of an order placed via our online shop immediately by email. An email of this sort still does not imply binding acceptance of the order, unless acceptance is mentioned in addition to acknowledgement of receipt.
(4) A contract is created only when we accept your order by acknowledgement of acceptance or by supplying the articles ordered.
(5) If the supply of your goods is not possible, perhaps because the respective goods are out of stock, we do not issue our acceptance, and in this case no contract materialises. We inform you of this situation without delay, and any payment received is refunded immediately.
§ 3 Cancellation right
(1) If you are a consumer (namely an individual person placing the order for purposes unconnected with either your employment or your freelance activity), in line with the legal provisions you are entitled to a cancellation right.
(2) If you as consumer take advantage of your cancellation right in line with point 1, you have to bear standard return costs.
(3) Otherwise your cancellation right is governed by the regulations covered in detail below: Cancellation policy
You have the right to cancel this contract within fourteen days, without stating reasons.
These fourteen days count from the day you or a third party appointed by you who is not the carrier obtained the goods. In the case of a contract for supply of goods in several instalment deliveries or parts the cancellation period starts on the day you or a third party appointed by you who is not the carrier obtain the final instalment delivery or the last part.
In order to exercise your cancellation right, you should inform us at humour.noir Germany GmbH, P.O. Box 4 01 05, 10061 Berlin, firstname.lastname@example.org mittels with a clear explanation (e.g. a letter by post or email) of your decision to cancel this contract. For this purpose you may use the attached specimen cancellation form, though this is not compulsory. You may also electronically complete and send the specimen cancellation form or any other clear declaration on our website www.humournoir.com. If you of take advantage of this possibility, without delay (e.g. by email) we shall send you a confirmation of receipt of your cancellation.
In order to observe the cancellation period properly, it is sufficient for you to exercise your cancellation right by sending your declaration before expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we have to refund you all payments received from you, including delivery costs (except additional costs arising from your opting for another form of delivery than our offer of economical standard delivery) without delay and at the latest within fourteen days from the day we received your declaration of cancellation. This refund will be made using the same payment channel as you used in the original transaction, unless we have specifically made any other arrangement with you; in no case are you awarded compensation by reason of this refund. We may refuse refund pending our receipt of the goods or until you prove having despatched them, whichever occurs earlier.
You have to return the goods without delay, and in any case latest within fourteen days from the day you inform us about cancellation. The deadline is met, if you despatch the goods before the expiry of fourteen days. You bear the direct costs of returning the goods. Your compensation for any loss of value of the goods is limited to cases where an examination of the quality, properties and functionality of the goods shows this is due to improper handling.
- End of cancellation policy -
(4) A cancellation right does not exist for distance selling contracts for supply of goods manufactured in line with client specifications, which are clearly customised to personal needs, where their nature is not suited to return, they might spoil quickly or the expiry date is in danger of being exceeded.
§ 4 Delivery conditions, advance payment reserve, transfer of risk
(1) We are entitled to make part deliveries, provided this is acceptable to you.
(2) Provided the goods are in stock, delivery time is about five (5) working days, otherwise up to 12 weeks, if nothing else is agreed. The time starts – subject to the regulation in paragraph 3 – upon contract conclusion.
(3) Orders from customers overseas or those justifiably suspected of risk of non-payment cause us to reserve the right to supply goods only after receipt of purchase price and incidental charges (prepayment proviso). If we take advantage of this prepayment proviso, we shall advise you without delay. In this case the delivery time starts upon payment of purchase price and shipping charges.
(4) If the customer is a consumer, the risk of accidental loss and damage to the goods supplied passes to the customer at the moment when the goods are delivered or the customer falls into default of acceptance. In all other cases, provided we are responsible only for delivery, the risk passes to the customer upon delivery of the goods to the freight forwarder.
(5) The goods are delivered by a courier service engaged by us. Delivery is made only to the address given by the customer and to the persons appointed by them. It is not possible to deliver to a post-office box.
§ 5 Prices and delivery charges
(1) All prices indicated in our online shop are gross and include legal VAT, and are of course net of delivery charges arising.
(2) Delivery charges are shown in the price indications in our online shop. The price inclusive of VAT and delivery charges is also shown on the order form, before you submit the order. Overseas orders involve additional customs charges and taxes invoiced by separate service providers.
(3) If you cancel your contract in line with § 3, you may request a refund under the legal provisions of despatch costs already paid (despatch costs) (c.f. other consequences of cancellation in § 3 paragraph 3).
§ 6 Payment conditions, offsetting and right of retention
(1) Purchase price and delivery charges are immediately due for payment.
(2) You can choose to remit purchase price and delivery charges to an account shown in the online shop by credit card or PayPal. In the case of direct debit authorisation or payment by EC/Maestro or credit card we shall arrange debit to your account at the earliest at the time stated in paragraph 1. Direct debit authorisation given also applies for future orders until cancellation.
(3) You are not entitled to off-set payments to us, unless your claims are legally mandated or beyond dispute. You are also entitled to offsetting against payments to us, if you enforce complaints or counter claims under the same purchase contract.
(4) As purchaser your right of retention is limited to cases where your claim falls under the same purchase contract.
§ 7 Retention of title
Goods delivered remain our property until complete payment.
§ 8 Guarantee
(1) We are liable for material and legal defects in articles supplied in line with valid legal provisions, especially §§ 434 ff. BGB. Expiry for legal defects is two years from delivery of the goods.
(2) Any guarantees provided by the manufacturers of certain articles are valid in addition to the claims for material and legal defects outlined in paragraph 1. Details of the extent of these guarantees can be found in the guarantee conditions accompanying the articles, as appropriate.
(3) We do not issue guarantees for the quality of goods supplied by us. In particular product and goods descriptions reproduced by us do not possess the character of a guarantee. Illustrations, dimensions, details of colouring and other quality details contained in our product and goods descriptions are simply indications normal in the industry. Any samples shown there apply only as approximate indications of quality, dimensions and other properties. Indications of dimensions, properties and usage of our products only serve to describe them and do not imply any warranty or a guarantee with respect to characteristics.
§ 9 Liability
(1) We are liable to you in all cases of contractual and extra-contractual liability for premeditation and gross negligence in line with legal provisions covering compensation and replacement of wasted effort.
(2) In other cases we are liable – provided paragraph 3 does not rule otherwise – only in cases of contravention of a contractual obligation, whose fulfilment facilitates the proper execution of the contract, as you as customer regularly rely on (so-called major obligation), and this is limited to reinstatement of predictable and typical damage. In all other cases our liability is excluded subject to the regulation of paragraph 3.
(3) Our liability for injury to life, body and health and that in line with Product Liability Law remains unaffected by the above limitations and exclusions.
§ 10 Copyright
We own copyright to all pictures, films and text published in our online shop. Use of these pictures, films and text is not permitted without our specific approval.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies with exclusion of the UN Sales Convention. If you as consumer have submitted the order, and at the time of your order your usual place of residence is in another country, the use of mandatory legal provisions of this country remains unaffected by choice of law in sentence 1.
(2) If you are a trader, and at the time of the order your usual place of residence is Germany, the exclusive place of jurisdiction is the domicile of the seller, which means Berlin. Otherwise the applicable legal provisions apply to local and international jurisdiction.
(3) In line with decree (EU) no. 524/2013 the EU Commission set up an internet platform for online dispute resolution (“OS platform”) between companies and consumers. Every customer, provided he is a consumer, has the chance of using this OS platform for any disputes with us. This is accessed at the following link: http://ec.europa.eu/consumers/odr/.
(4) In general we are not prepared to take part in dispute settlement proceedings before a consumer arbitration body by reason of disputes arising under the contract relationship.