Terms & Conditions
§ 1 GENERAL, SCOPE OF THE GENERAL TERMS AND CONDITIONS
1.1 All deliveries and services shall be rendered solely based on the following General Terms and Conditions (hereinafter referred to as T&Cs) in the version applicable at the time of the order. Unless expressly agreed otherwise in writing, deviating terms and conditions shall not apply
1.2 The contractual partner is DeinDesign GmbH, registered at Otto-Meffert-Str. 3, 55543 Bad Kreuznach (hereinafter referred to as "DeinDesign").
1.3 Pursuant to these terms and conditions, the customer can be both a consumer and an entrepreneur (hereinafter referred to as "Customer"). Pursuant to the terms and conditions, consumers are private persons who conclude contracts for a purpose that can be attributed to neither their commercial nor their professional activity. Pursuant to the terms and conditions, entrepreneurs are private persons, legal entities or limited partnerships that conclude a contract with DeinDesign as part of their commercial or independent professional activity.
§ 2 CONTACT AND CUSTOMER SERVICE
Please contact us with any questions, grievances or complaints.
Please direct these to the following address only:
55543 Bad Kreuznach
You can contact our customer service department Monday - Friday 8am - 6pm, and Saturday 8am - 2.30pm by telephone on 0671 970 80 66 or via email at email@example.com.
§ 3 CONCLUSION OF CONTRACT, EXECUTION OF THE CONTRACT
3.1 Our offer is binding. By placing your order, your hereby accept our offer to conclude a contract. The contract shall be deemed concluded when you send your order to us. You shall receive contract confirmation via email.
3.2.1 Once you have found the desired product, you can take a closer look, with no obligation to buy, by clicking on the product name or the product image. You can add the item to your shopping cart by clicking the button [Add to cart].
3.2.2 You can also personalise our range of customisable products using our "Do it yourself (DIY)" configurator, i.e. the selected product can be designed according to your specifications. First you select your device, the desired product and the corresponding product version. Using our configurator you can then use the following functions: "Upload photos", "Select designs", "Text" and/or "Background colour" and design your product accordingly. The permissible formats are: JPG or PNG format.
You can amend your entries at any time using the standard keyboard and mouse functions or by clicking the [Reset] button. Instructions can be found on the left-hand menu bar under the button [? Help] . Once you have finished your design in the configurator, click the button [Finished]. Then you can add your personalised product to your shopping cart by clicking [Add to cart].
3.2.3 You can view the contents of your shopping cart at any time by clicking the shopping cart symbol in the top menu bar. You can remove products from the shopping cart by clicking the symbol [X] or by adjusting the quantity. If you would like to buy the products in your shopping cart, click on the button [Checkout »] on the shopping cart page. During the order process you can login via your existing customer account or checkout as a guest "without login". Then select the shipping and payment methods. Finally you can review your order details and check all information under "Review order" and correct under [Edit]. You can also amend incorrect entries by using the browser back button or by cancelling and starting the order process from the beginning.
You can also redeem a voucher code using the field "Enter voucher code" by entering this in the relevant field and then clicking the button [»]. The voucher amount is credited directly to the shopping cart.
To compete a purchase, you must click the button [Buy now]. Your order is transmitted to us.
§ 4 STORAGE OF THE CONTRACT TEXT
We shall save your order, the order data entered and the contract text. We shall send you contract confirmation via email, which includes all order and contract details. You also have the option to print out the order and the General Terms and Conditions before you send the order to us. Finally, you can access your submitted orders at any time via your customer account, provided you have created one.
The customer approves and agrees to receiving all his bills electronically. Electronic bills will be send to the customer via e-mail as PDF.
§ 5 CONSUMER CANCELLATION RIGHT
Consumer cancellation right
The following cancellation right shall apply only to distance selling:
5.1 Cancellation policy
You have the right to cancel this contract within thirty days without stating reasons.
The cancellation period is thirty days from the day that you or a nominated third party (excluding the carrier) take possession of the goods.
To assert your cancellation right, you must notify us (DeinDesign GmbH, Otto-Meffert-Straße 3, 55543 Bad Kreuznach, Germany, Telephone: +49 (0) 671 | 970 80 70, Fax: +49 (0) 671 | 970 80 71, Email: firstname.lastname@example.org) of your decision to cancel this contract by way of a clear declaration (e.g. a letter sent by post or an email). You can use the attached cancellation form template, however this is not mandatory.
Notification concerning the assertion of the cancellation right before expiry of the cancellation period shall be deemed sufficient for compliance with the cancellation period.
Consequences of cancellation
If you cancel this contract we shall refund all payments received, including delivery costs (excluding additional costs incurred through a delivery method other than the most economical, standard delivery offered by us), immediately and no later than fourteen days from the day that we receive notification of your cancellation of this contract. We shall refund the sums using the same payment method as the original transaction, unless expressly agreed otherwise; under no circumstances shall you incur charges as a result of this refund. We can refuse the refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or surrender the goods immediately, and in any case no later than fourteen days from the day that you notify us of the cancellation of this contract. The period shall be deemed complied with if the goods are dispatched within the fourteen day period. You shall bear the direct costs of returning the goods.
You shall only be obligated to pay for any depreciation of the goods if this depreciation is due to handling of the goods beyond the degree necessary to inspect the quality, features and function of the goods.
5.2 The cancellation right shall not apply to distance selling contracts for the supply of non-prefabricated goods whose manufacture requires individual selection or provision by the consumer or is custom-made to the personal requirements of the consumer.
§ 6 CANCELLATION FORM TEMPLATE
If you would like to cancel the contract, please complete this form and return it to us.
55543 Bad Kreuznach
Fax: +49 (0) 671 | 970 80 71
I/we (*) hereby cancel the contract concluded by me/us (*) concerning the purchase of the following goods (*)/performance of the following services (*)
Ordered on (*)/received on (*)
Consumer signature (notification by written letter only)
(*) Delete as appropriate.
§ 7 PRICES AND SHIPPING COSTS
All prices include statutory VAT and exclude shipping costs. We deliver with DHL and Deutsche Post or another carrier of our choice.
§ 8 DELIVERY CONDITIONS
8.1 We supply worldwide.
8.2 Unless otherwise specified in the offer, the goods shall be delivered within 3-6 days of receipt of payment. We shall send you an email confirmation after receipt of payment.
8.3 For deliveries outside Germany, the goods shall be delivered within 10 days unless otherwise specified in the offer. We shall send you an email confirmation after receipt of payment.
§ 9 PAYMENT CONDITIONS
9.1 Payment may be made by advance bank transfer, instant transfer, PayPal, as well as credit card (VISA, MasterCard). Please note that Bank transfer is not available for customers inside the UK. We reserve the right to refuse certain payment types.
If you select advance payment, we will provide our bank details in the contract confirmation. The invoice amount must be transferred to our account within 7 days. For payment via instant transfer and credit card, you will be redirected to the payment website directly from the order process, where you can make the transfer. For payments via PayPal, once the order is complete you will be redirected to the PayPal payment website, where you can make the payment.
9.2 For consumers we shall retain ownership of the purchased item until full payment of the invoice amount is made. If you are an entrepreneur exercising your commercial or independent professional activity, a legal entity or a special public fund we shall retain ownership of the purchased item until settlement of all outstanding claims from the business relationship with the purchaser. The corresponding security rights are transferable to third parties.
§ 10 WARRANTY
10.1 If you are a consumer, the warranty shall be provided in accordance with the statutory regulations.
10.2 If you place your order with us as an entrepreneur, the following shall apply:
10.2.1 Supplied goods must be inspected by the Customer immediately after delivery, insofar as this is feasible in the course of normal business. If a defect is discovered, we must be notified immediately. If the Customer fails to notify us, the goods shall be deemed approved, unless in the case of a hidden defect that was not visible during inspection. If such a defect is discovered subsequently, we must be notified immediately after discovery otherwise the goods shall be deemed accepted despite this defect. § 377 German Commercial Code shall not be affected. The Customer shall be obliged to perform an inspection, even in the event of recourse of the entrepreneur pursuant to § 478 German Civil Code. If in such case the Customer fails to inform us of the defect claimed by its customer, the goods shall be deemed to have been accepted despite this defect.
10.2.2 Insofar as a defect is present, we shall be entitled to determine the type of supplementary performance in accordance with the type of defect and the justified interests of the Customer. For these contracts, subsequent performance shall be deemed to have failed after the third unsuccessful attempt. This shall not apply in the event of recourse pursuant to § 478 German Civil Code.
10.2.3 In the event of subsequent performance to rectify defects, we shall be liable for necessary expenditure, particularly transportation, delivery, labour and material costs only insofar as these are not increased through transfer of the goods to a location other than the head office or commercial branch of the Customer to which the goods were delivered. This shall not apply in the event of recourse pursuant to § 478 German Civil Code.
10.2.4 The defect claims of the Customer including claims for compensation shall lapse after one year. This shall not apply in the event of recourse pursuant to § 478 German Civil Code, nor shall it apply in the event of §§ 438 (1) No. 2 German Civil Code, as well as § 634a (1) No. 2 German Civil Code. This also shall not apply to claims for compensation owing to loss of life, limb or health or due to a grossly negligent or wilful breach of obligation by us or our agents.
§ 11 LIABILITY FOR COMPENSATION AND REIMBURSEMENT OF EXPENSES
11.1 If you are a consumer, we shall be liable for damages in accordance with the statutory regulations.
11.2 If you place your order with us as an entrepreneur, the following shall apply in the event of our contractual liability for compensation pursuant to Figures 11.2 to 11.8:
11.2.1 Insofar as the claims are due to wilful or grossly negligent breach of obligation by us, our representatives or our agents, we shall be liable to pay compensation in accordance with the statutory provisions.
11.2.2 Insofar as we, our representatives or our agents marginally breach an obligation whose fulfilment is essential to the proper implementation of the contract, whose infringement endangers the achievement of the contractual purpose and upon whose compliance the Customer can reasonably rely, the liability shall be limited to the foreseeable, typical damages.
11.2.3 Unless agreed otherwise in Figures 11.2.1 and 11.2.2 our liability to pay compensation shall be excluded. The same shall apply insofar as recourse claims are made against us as the supplier in accordance with § 478 German Civil Code.
11.3 The liability exclusions and limitations under Figure 11.2 shall also apply to other claims, particularly tortious claims or claims for reimbursement of wasted expenses in place of performance.
11.4 The liability exclusions and limitations under Figure 11.2 shall not apply to any existing claims in accordance with §§ 1, 4 German Product Liability Act or due to culpable loss of life, limb or health. They also shall not apply insofar as we have provided a warranty for the condition of our goods or successful performance of a service or a procurement risk, and the warranty claim has been asserted or the procurement risk has materialised.
11.5 Correct and timely delivery by our own suppliers shall remain reserved, unless the seller is responsible for the incorrect and/or delayed delivery.
11.6 Unless the limitation of liability pursuant to Figure 11.2 is asserted in product liability claims pursuant to § 823 German Civil Code, our liability shall be limited to compensation by the insurance provider. If the insurance does not apply or does not apply in full, we shall be liable up to the amount of the insured sum. This shall not apply in the event of culpable loss of life, limb or health.
11.7 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, colleagues, representatives and agents.
11.8 These regulations shall not reverse the burden of proof.
§ 12 CONTENT OF IMAGE FILES, TECHNICAL DATA REQUIREMENTS, BREACH OF THIRD-PARTY RIGHTS WHEN USING THE CONFIGURATOR
12.1 The Customer shall be solely responsible for all contents used by the Customer in the configurator (Figure 2.2.2) to create a product. This shall apply in particular to images, graphics, texts or other materials.
12.2 The Customer shall be solely responsible for the spelling, image sharpness, image quality and the design quality of the images, graphics and texts used. This shall not be checked by DeinDesign. The permissible formats are: JPG or PNG format.
12.3 All necessary copyrights, trademarks or other rights of the Customer shall be assumed for all production orders submitted to DeinDesign. Please note that third parties may assert substantial claims for compensation against the Customer in the event of infringing content. The Customer shall be liable for all consequences arising from infringement of the aforementioned rights and shall indemnify DeinDesign against third-party claims.
12.4 Upon placing the order the Customer shall ensure that the contents of the transmitted image files do not infringe penal laws in any other way. DeinDesign shall reserve the right to reject such orders upon awareness of such infringement.
§ 13 ODR PLATFORM AND CONSUMER DISPUTE RESOLUTION
13.1 We (email@example.com) hereby indicate that the European Commission offers a platform for online dispute resolution (ODR). This is available online at: http://ec.europa.eu/consumers/odr/.
13.2 We are neither prepared nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
§ 14 LEGAL SYSTEM, PLACE OF JURISDICTION
14.1 German law shall apply to the exclusion of the UN Convention on the International Sale of Goods.
14.2 For Customers who conclude the contract for a purpose that can be attributed to neither their commercial nor their professional activity (consumer), this governing law shall not affect the mandatory legal provisions of the country in which the Customer is ordinarily resident.
14.3 If the ordering party is a merchant, a legal entity or a special public fund, all disputes arising from the contractual relationship shall be directed towards the place of jurisdiction, Bad Kreuznach, where our company is registered.
§ 15 MISCELLANEOUS
15.1 The contractual language is German.
15.2 Should one or more regulations of these General Terms and Conditions be invalid, this shall not affect the validity of the contract. Should provisions be invalid, the content of the contract shall comply with the statutory provisions.