General terms and conditions
1. General
1.1 Area of application
These general trading conditions apply in the version valid at the time of the conclusion of a contract to all business relations between us of ANDREW DAVIS Clothing UG (haftungsbeschränkt), Zum Kaisergarten 3, 55569 Monzingen, represented by its managing director: Mr. Andrej Taube, Mr. Roman Hoppe and you. If you use conflicting general terms and conditions, these are expressly contradicted.
1.2 Contractual Agreement
Contract languages are German and English.
1.3 Registration
You can create a customer account during the order process. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the button "Register". You will then receive a confirmation e-mail with the information required for login. Only when you have logged in to our website for the first time with these details is the registration complete.
The password that enables you to access the personal area is to be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties.
1.3 Conclusion of contract
The presentation of the product range in our online store is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods. In the second step, you enter your data, including billing address and, if applicable, different delivery addresses, unless you have already stored them in your customer account. In the third step, you select the desired payment method. In the fourth step you have the opportunity to check all details (e.g., name, address, payment method, ordered items) once again and correct any input errors before you confirm your order by clicking on the button "order subject to payment". With the order you declare your contract offer bindingly. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, post or by notifying you of the dispatch of the goods. The contract shall only be concluded upon acceptance.
1.4 Storage of the contract text
The contract's text will be stored by us and sent to you in text form (e.g. by e-mail, fax or post) after you have sent your order together with these General Terms and Conditions and customer information. However, you will no longer be able to retrieve the contract's text via the website after you have sent your order. You can use the browser's print function to print out the relevant website with the contract text.
2 Delivery
2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-delivery despite covering transactions to this effect) shall entitle us to postpone delivery for the duration of the impeding event.
2.3 Exclusion of delivery
Post office box addresses shall not be supplied.
2.4 Delay in acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or for non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.5 Time of performance
Unless expressly agreed otherwise, delivery by us shall be made within 5 days. The period for delivery shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of payment on delivery or purchase on account. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period ends on the next working day.
3. Payment
3.1 Prices and shipping costs
All prices are inclusive of value added tax. In addition, there are the costs for packaging and shipping, which are shown separately in each case, unless collection by you at our place of business is agreed.
3.2 Default of payment
You shall be in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge reminder fees in the amount of 2.50 euros. We reserve the right to claim damages in excess of this amount. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation instruction for consumers in case of distance
selling contracts
Revocation instruction
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us (ANDREW DAVIS Clothing UG (limited liability), Zum Kaisergarten 3, 55569 Monzingen, E-Mail: vip@andrew-davis.com) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of n before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
- End of the cancellation policy –
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Likewise, a right of withdrawal does not exist for contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
5. Retention of title
The delivered goods remain our property until full payment of the purchase
price. You shall treat the goods subject to simple retention of title with care
at all times. You assign any claim or compensation you may receive for damage,
destruction or loss of the delivered goods. If you act contrary to the
contract, especially in case of default of payment, we are entitled to take
back the purchased goods. In this case, taking back the goods does not
constitute a withdrawal from the contract unless we expressly declare this in
text form.
6. Warranty
6.1 Warranty claim
There are legal warranty rights. A warranty claim can only arise about the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular, about the descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (eg color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.
6.2 Warranty towards consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods are handed over. If you notice that the outer packaging arrives damaged or if you notice any damage after receipt of the goods, we ask you to notify us. However, there is no obligation to make such a notification, nor are warranty rights affected by a failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at rectification, you shall be entitled to rescission or reduction.
6.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply to entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The Contractor shall bear the full burden of proof for all claim prerequisites, particularly for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
6.4 Rights in case of an insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.
6.5 Compensation for defects
No warranty shall be provided for damage resulting from improper handling or use. Express reference is made to the following exclusion of liability.
6.6 Limitation
For used goods the warranty is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7. Promotion vouchers
During certain promotions we offer, for a certain period, promotional vouchers. The promotional voucher can be entered during the ordering process. However, after the conclusion of the contract, the promotional voucher can no longer be redeemed. A combination of several vouchers is not possible.
8. Liability
8.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
8.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
9. Final provisions
9.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
9.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
9.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.