Terms and Conditions

§ 1
Scope & Defense Clause

(1) For the substantiated over the Internet shop legal relations between the operator of the shop (hereinafter “Providers”) and its customers only the following terms and conditions in the respective Version at the time of the order shall apply.

(2) Any other General Business Conditions proposed by the Customer are not recognised, even if we do not expressly oppose them.

§ 2
Conclusion of contract

(1) The presentation of the goods in the Internet shop does not represent a binding offer of the offerer on conclusion of a sales contract, it represents a non-binding invitation to potential customers to order, the customer is merely asked to release an offer.

(2) By sending the order in the internet shop the customer gives a binding offer which is directed towards the conclusion of a sales agreement about the goods contained in the shopping cart. At the time of sending the order the customer accepts also those terms and conditions as solely relevant for the legal relationship with the offerer.

(3) The offerer confirms the income of the customer’s order by sending a confirmation e-mail. This confirmation of order does not demonstrate the acceptance of the contract-offer through the offerer yet. It merely serves as information to the customer that the order has reached the supplier. The declaration of acceptance of the contract-offer is effected through the customers advance payment which leads therefore to the delivery of the good or an explicit declaration of acceptance.

§ 3
Reservation of ownership

Delivered goods and services remain the property of the offerer until all demands have been fulfilled.

§ 4
Due date

The payment of the purchase price is due with the conclusion of the contract.

§ 5
Warranty

(1) The client’s right of warranty comply with the general legal prescriptions, except as defined otherwise consecutively. The inspection for eventually occuring defects has to be done as soon as possible after receipt of the productdelivery. Is this not done and lodged to us in written form within 8 days, then any claim resulting from defects in the goods is barred. For the client’s claim for indemnity against the supplier the rule in § 6 of these “Terms and Conditions and Right of Revocation” is valid.

(2) A guaranty is not taken over by the offerer.

§ 6
Liability exclusion

(1) Client’s claims for indemnity are excluded as far as subsequently nothing else is defined. The above mentioned liability exclusion is also valid in favour of the legal representation and assistant of the offerer, in case the client puts in a claim against them.

(2) Claims of indemnity due to an injury to life, body and health as well as for claims of indemnity due to an injury of essential contractual obligations are excluded from the under number 1 determined liability exclusion. Essential contractual obligations are those whose completion is necessary in order to reach the aim of the contract. Likewise excluded from the liability exclusion is the liability for damages, which are based on an intentional or grossly negligent breach of duty of the offerer, his legal representative or assistants.

(3) Instructions of the product liability act (ProHaftG) remain unaffected.

§ 7
Order cancellation

(1) Orders for customised products may only be cancelled if work on their production has not yet commenced. To cancel an order before it is sent you should contact our Customer Service via email at info@designkicker.de.

§ 8
Returns

(1) If for any reason you are not satisfied with the product you have purchased, you have 24 hours to register a complaint and 14 calendar days from the date of delivery to return it.

To return an item you must confirm that the following conditions are met:

- The product must not be used. 

- The product must be returned in the same condition in which it was sent to you and, whenever possible, in its original packaging. If the original packing is not available you should replace it with one of a similar size and capacity which completely protects the product.

- The product must be returned to our office within a period of 14 days after receiving your order.

- The cost of product returns shall be borne by the customer, except in cases of manufacturing defects. In this case RS Barcelona will be responsible for the return costs and for replacing the product.

If a returned item does not meet the stated requirements, we will not issue a refund. In said case the item will be returned to you, and you will be responsible for the shipping costs.

(2) All the items from the website feature measurements and colours that provide one with an approximate idea of their characteristics, but they are not 100% reliable. For specific cases you should verify all information with our Customer Service at info@designkicker.de, given that you will be responsible for the costs associated with returns for technical reasons of this kind.

§ 9
Assignment and pledge ban
The assignment or pledge of the customer to the provider claims or rights shall be without consent of the provider excluded, unless the customer has a legitimate interest in the assignment or Pledge proves.

§ 10
Compensation

A compensation right of the customer exists only if his demand put to the compensation was ascertained legally or is indisputable.

§ 11
Choice of law and jurisdiction

(1) For the contractual contact between the supplier and the client the law of the Federal Republic of Germany applies. It is not possible to apply the United Nations Convent on Contracts for the International Sale of Goods.

(2) The court of jurisdiction for all conflicts from the contractual relationship between the client and the supplier is the supplier’s registered office, provided that the client is a businessman, an entity of the public law or a separate asset subject to public law.

§ 12
Severability clause

Should one clause of the Terms and Conditions be invalid, the validity of the remaining clauses is not struck there from.

 

EU Online Dispute Resolution

The European Commission provides a platform for online dispute resolution. 
Please follow this link: http://ec.europa.eu/consumers/odr

Consumers have now the possibility to use this platform for an alternative dispute-settlement about contractual obligations of online sales contracts or online service contracts.

You can contact us by e-mail: info@designkicker.de

 

 

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