General Terms and Conditions of the onlineshop www.berberlin.com
Section 1 – Vendor, inclusion by reference of the General Terms and Conditions
(1) The vendor and contracting party for the merchandise presented in the onlineshop www.berberlin.com is: Julia Schauenburg-Kacem u. Walid Kacem GbR, Dieffenbachstraße 74, 10967 Berlin, Deutschland, Phone: 0049-(0)30-85763863, E-Mail: firstname.lastname@example.org (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.
Section 2 – Merchandise offered and conclusion of contract
(1) The Vendor is offering the articles presented in the onlineshop for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in English.
(3) The vendor shall deliver the merchandise to destinations worldwide.
(4) Customers shall select the merchandise desired by placing it in their “Cart” by clicking on the button “ADD TO CART” and continuing his purchases or by finishing to select the merchandise by clicking the button “CHECK OUT”.
(5) Within the Cart the customer alternatively can use the button “Checkout with PayPal”. Thereby the customer will be forwarded to the website of the payment service of the PayPal S.a.r.l. Where he can log into his account. After being login the customer will be redirected to the website of the vendor, who will automatically use the customer‘s name and adress from the customer`s PayPal account for the order.
(6) The order will be conclusively placed with the Vendor by clicking on the button “Complete order”. Until the order is transmitted to the Vendor, customers have the opportunity to review, at any time, the data they have input when placing the order, to modify them or to completely discontinue the order.
(7) The Vendor is making a binding sales offer for the merchandise presented in its shop by transmitting the order using the button “Complete order” the customer accepts the sales offer. The Vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(8) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy ot them.
(9) The Vendor shall inform the customer by e-mail of any impediments preventing the delivery from being made, or of any other circumstances that might prevent contractual performance.
Section 3 – Prices and payment
(1) All product prices are end prices plus shipping costs. All prices include turnover tax in the amount of 19%.
(2) The shipping costs and typs of shipping are listed in the respective product description.
(3) Where deliveries are made to countries outside the European Union customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the Vendor has no means of influencing them.
(4) At the selection of the customer, the Vendor shall deliver the merchandise against pre-payment (by bank transfer or using PayPal) under the following conditions:
(a) Where the customer has selected pre-payment by “Banktransfer” as the form of payment, the Vendor’s bank account details will be provided in the contract confirmation. Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor.
(b) For PayPal payments, the customer will be forwarded to the website of the PayPal S.a.r.l., from where payment can be made by entering the customer‘s PayPal details.
(5) For payments using a gift voucher code, the customer may enter a voucher code when placing the order. The voucher value will be credited to the vendor, and in this way the invoice amount will have been paid for. If a voucher value is higher than the invoice amount, the customer will receive a new voucher in the amount of the excess amount to the address specified in the order by e-mail. The credit out of vouche will neither be paid out in cash nore will it bear interest. A voucher is transferable. The customer can only use one gift voucher per purchase. A subsequent offsetting is not possible. Further conditions are defined on the voucher.
(6) As far as there are listed additional payment methods in the product description's „Payment & Shipping“ section (e.g. credit card, Sofortüberweisung, iDEAL, EPS) those payments will be handled by the payment services provider Mangopay (Wirecard UK & Ireland Ltd., 1st Floor Ulysses House, Foley Street Dublin 1, Ireland).
(7) For orders subject to pre-payment, a payment period of one week from the contract confirmation shall apply. For the term of the payment period, the Vendor shall reserve the merchandise so ordered for the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
Section 4 – Shipment, delivery periods
(1) The Vendor shall deliver the merchandise within the time given in the item`s description after the payment is made.
(2) For shipping within Germany, a period of 3-5 business days is calculated for delivery.
(3) For deliveries to destinations outside Germany, a period of 7-18 business days, depending on the destination, has to be added to the respective domestic delivery time.
The Cost is 40,00€ within Europe and the UK and 100,00€ to other Countries. Details about which countries, can be found when paying for Shipping at check out.
(4) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(5) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.
Section 5 – Right of withdrawal for consumers
(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.
(3) The vendor shall grant a 14 day withdrawal period to a consumer having his permanent residence outside of Germany also in those cases in which the national laws applicable to the consumer provide for a shorter period.
(4) Unless otherwise agreed in writing, the Buyer shall bear the return shipping costs.
(5) The vendor shall allow any consumer having his permanent residence outside of Germany to transmit an informal declaration of withdrawal even in those cases in which the national laws applicable to the consumer provide for stricter requirements as to form.
(6) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside the European Union also in those cases in which the local law does not provide for a right of withdrawal.
Section 6 – Warranty, defect liability
All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.
Section 7 – Data Protection Policy
(1) The vendor shall collect and process the data input by the customer in the course of his purchase for the purpose of processing the contract and performing in accordance with same. The collected data consists of the customer`s name, address, e-mail-address and his company information that you specify. If the customer has specified additional information with the order (eg a different delivery address or a phone number), it is also transfered to the vendor.
(2) The vendor shall process the data referred to in paragraph 1 for the performance of the contract, shipping of the merchandise, invoicing and recording payments. For shipping purposes, the vendor may transfer the customer’s data referred to in paragraph 1 to the contracted shipping company.
(3) The data remains stored by the vendor until all claims arising from the order are fully fulfilled and until the applicable commercial and tax law retention periods have expired.
(4) The customer may at any time request information from the vendor about the stored data concerning him. Furthermore, the customer may at any time request the correction of erroneous data.
(5) The controller of data protection is the vendor referred to in section 1 paragraph 1.
(6) To the extent a customer uses the services of PayPal or Wirecard for payment, the data protection provisions established by each payment service shall apply to the payment process. In this context, the chosen payment service shall be taking action as the person employed by the customer in the performance of his obligations (Erfüllungsgehilfe), not as a person so employed by the vendor.
Section 8 – Final provisions
(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in Berlin (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(3) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.