Terms & Conditions BERLYN Creative Network UG (haftungsbeschränkt)
as of: 08/17/2017
1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between BERLYN Creative Network UG (limited liability), Elisabethkirchstraße 11, 10115 Berlin, Germany, phone: +49 177/3008040, E-Mail: firstname.lastname@example.org (Hereinafter referred to as “BERLYN Casuals”), available under the family of domains www.bookberlyn.com as well as www.berlyn-casuals.com and the customer.
1.2. All agreements made between you and us in connection with the purchase contract result in particular these sales conditions; our written order confirmation and our declaration of acceptance.
1.3. The current version of the GTC is valid at the time of conclusion of the contract.
1.4. We do not accept any deviating terms or conditions from the customer. This is true even if we do not expressly object to the inclusion.
2. Conclusion of the Contract
2.1. The presentation and application of articles in our online shop do not constitute a binding offer to conclude a purchase contract.
2.2. Contracts relating to BERLYN Casuals products may be entered into in either the German or English languages.
2.3. The customer can choose products from BERLYN Casuals (clothing merchandise, accessories, skateboards and music) products and purchase them via the “Buy” button in a so-called shopping basket. The order can be modified or concluded via the “Checkout” button. Before submitting the order, the customer can change and view the data at any time. With the “Submit order” button, the customer makes a binding contract offer to purchase the goods in the shopping cart. However, this offer can only be submitted and transmitted if the customer, by clicking the button “Accept general business terms and conditions”, accepts these contract terms and therefore makes them part of the offer.
2.4. By ordering a product, the customer makes a binding offer that they will purchase the ordered goods and submit a binding contract offer. We promptly confirm receipt of the order according to Section 312i, Paragraph 1, Sentence 1, No. 3 of the German Civil Code (BGB) in the form of an automated confirmation of receipt by e-mail to the customer. This once again contains the contract provisions (customer order and these general business terms and conditions) and can be printed by the customer using the “Print” function.
2.5. The acknowledgment of receipt does not constitute a binding acceptance of the order. A purchase contract for the goods ordered is only concluded with our separate written order confirmation (by e-mail), but no later than when the goods ordered are shipped. However, the declaration of acceptance can be combined with the confirmation of receipt.
2.6. If no copies of the product selected by the customer are available or temporarily unavailable at the time of the customer’s order, BERLYN Casuals shall notify Customer of this within the order confirmation page. If the product is permanently unavailable, BERLYN Casuals shall not issue a notice of acceptance. A contract is not concluded in this case.
2.7. A sale with a so-called quota restriction (e.g.: max. 8 tickets) should not be initiated more than once by the same buyer. BERLYN Casuals, therefore, has the right to withdraw from subsequent contingent purchase contracts as soon as it is determined that the buyers under the respective contingent purchase contracts are identical (e.g. because the holder of the account from which BERLYN Casuals wants to collect the amount for the second, third etc. contingent purchase contract, or from which the amount is transferred, is identical to the account for the first purchase).
3. Prices and payment terms
3.1. The prices stated at the time of the order on our website apply directly with the illustrations or the descriptions of the goods. The purchase prices are final and include the applicable sales tax. When making a purchase, the purchase price is to be understood as what’s laid out in the payment terms plus shipping and handling costs. The corresponding shipping costs are quoted on the order form and borne by the customer.
3.2. The price, including VAT, will also be displayed on the order form before sending the order. In the case of deliveries outside Germany, additional costs may arise when importing into another country (customs duties and import VAT) which will be added to the stated price.
3.3. All fees shall be due immediately upon conclusion of the contract, but at the latest upon receipt of the invoice. After the end of this term, the customer is in default of payment. For consumers, the debt bears interest at the rate of 5 percentage points above the prime rate during the period of delayed payment. For merchants, the debt bears interest at the rate of 8 percentage points above the prime rate during the period of delayed payment. We reserve the right to provide proof of and assert higher damages for delayed payment by merchants.
3.4. The customer can make the payment in advance by transfer (prepayment), by credit card (Visa or MasterCard) or by PayPal. In the case of payment through prepayments, the delivery of the goods takes place only after the payment has been received, which the customer agrees to at the conclusion of the contract.
3.5. The customer is not entitled to set off against our claims unless his counterclaims are legally established or undisputed. The customer is also entitled to set-off against our claims if he can assert complaints or counterclaims from the same purchase contract.
4. Delivery terms
4.1. We are entitled to partial deliveries as far as this is reasonable for the customer. If we fulfill the order by partial delivery, the customer will only be charged shipping costs for the first partial delivery. If the partial deliveries are made at the request of the customer, we will charge shipping costs for each partial delivery.
4.2. The delivery period is approximately seven (7) working days unless otherwise agreed. It begins, subject to the regulation in section 3.4 sentence 2, with the conclusion of the contract.
4.3. The shipping/parcel delivery is available as delivery types.
5. Right of Withdrawal
5.1. If the customer is a consumer (i.e. a natural person who makes the order for a purpose which cannot be attributed to his commercial or independent professional activity), he is entitled to a right of revocation in accordance with legal provisions.
5.2. If the customer as a consumer makes use of his right of withdrawal in accordance with section 1, he shall bear the regular costs of returning the goods.
5.3. Otherwise, the provisions which are reproduced in detail in the following apply to the right of revocation.
You have the right to revoke this contract within a period of fourteen days without providing a reason.
The period of revocation shall be fourteen days from the date on which you or a third party you designate is not the carrier, the goods or – in the case of a single order for several goods which are delivered separately – the last goods for which the right of withdrawal is not excluded.
To exercise your right of revocation, you must contact us, BERLYN Creative Network UG (haftungsbeschränkt), Patrick Wiechert, Elisabethkirchstraße 11, 10115 Berlin, Germany, Phone: +49 177/3008040, E-Mail: email@example.com, please provide a clear statement (for example, via letter, telephone or email) about your decision to revoke the contract. You can use the enclosed sample withdrawal form Widerrufsformular, however, it is not required.
To comply with the withdrawal period, it is sufficient for you to send the notice of exercising the right of withdrawal before the end of the withdrawal period.
Consequences of Withdrawal
If you revoke this Agreement, we will pay you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us) Within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For this repayment, we use the same means of payment used by you for the original transaction, unless anything to the contrary was expressly agreed with you; in no case are fees charged to you for this repayment. We may refuse repayment until we have retained the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You have fourteen days to return the products to, from the day on which you inform us about the revocation of this contract. Products should be returned to BERLYN Creative Network UG (haftungsbeschränkt), Patrick Wiechert, Elisabethkirchstraße 11, 10115 Berlin, Germany. The deadline is met if you ship the goods before the end of the fourteen-day term.
You bear the direct costs of returning the goods.
You are only responsible for a possible reduction in the value of the goods if this loss of value is not due to handling the goods in a manner necessary for examining the characteristics, properties, and functionality of the goods.
– End of Revocation –
5.4. A right of revocation does not exist
5.4.1. in the delivery of goods which are not prefabricated and for whose production an individual selection or destination is decided by the consumer or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1),
5.4.2. in the case of contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery (§ 312g para. 2 no. 6 BGB).
6.1. If the buyer is a consumer, he has the choice of whether the supplementary performance is to be carried out by means of subsequent improvement or replacement delivery. However, we have the right to refuse the chosen method of supplementary performance if it is only possible at an unreasonable cost and another method of supplementary performance has no significant disadvantages for the consumer.
6.2. If the supplementary performance fails, the customer can, at his option, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). However, the customer has no right of withdrawal if the infringement of the contract is only minor, especially in the case of minor defects.
6.3. Entrepreneurs must notify us of obvious defects within a period of two weeks from receipt of the goods in writing; Otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient for meeting the deadline. The merchant bears the full burden of proof for all claim prerequisites, in particular, the defect itself, the time the defect was noted and the timeliness of the notice of defects.
6.4. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods.
6.5. The customer is not given any guarantees in the case by us. Manufacturer guarantees remain unaffected.
7.1. We are liable to the customer in all cases of contractual and external liability in the case of willful intent and gross negligence in accordance with statutory provisions for damages or replacement of futile expenses.
7.2. In other cases, we shall only be liable – insofar as not stipulated in section 7.3 – in the event of a breach of a contractual obligation whose fulfillment makes the proper execution of the contract possible and which you may regularly trust as a customer (so-called cardinal obligation), the replacement of the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provisions of clause 7.3.
7.3. Our liability for damage resulting from injury to life, body or health and the Product Liability Act shall remain unaffected by the above limitations and exclusions.
7.4. If an article on the website is not available at the time of ordering by the customer, the customer is not liable for any damages before an effective contract is concluded.
8. Final Provisions:
8.1. The law of the Federal Republic of Germany shall apply; the provisions of the UN purchase law shall not apply. If the customer has placed the order as a consumer and has his or her habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall not be affected by the choice of law as per sentence 1.
8.2. If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for disputes arising from this contract is our place of business. This applies correspondingly if the customer has no general jurisdiction in Germany or the place of residence or normal abode is not known at the commencement of a suit.
8.3. Complaint proceedings via online dispute settlement for consumers (OS): ec.europa.eu We are not willing and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
8.4. Should individual provisions of the contract with the customer, including these general terms and conditions, be or become invalid in whole or in part, or if the contract shows unforeseen regulatory gaps, the validity of the remaining provisions shall remain unaffected.