General Terms and Conditions for the services of www.catharinamende.com
(1) All offers, purchase agreements, shipments and services made on the basis of any orders by our customers (hereinafter “Customers”) through our online shop www.catharinamende.com (hereinafter the “Online Shop”), run by Catharina Mende [Schröderstrasse 12/1, 10115 Berlin, +49 30 40005651, email@example.com] shall be governed by these General Terms and Conditions as amended at the time of entering the agreement. By placing an order and checking the box “I hereby agree to the General Terms and Conditions”, the Customer agrees to these General Terms and Conditions and they become part of the agreement.
(2) The product range of our Online Shop is directed at both consumers and business customers, but in each case only to end users. Different terms and conditions apply for distributors. For the purpose of these General Terms and Conditions is (i) a consumer every natural person who concludes this agreement for purposes which are not related to his trade, business or profession (§13 Bürgerliches Gesetzbuch - BGB [German Civil Code]) and (ii) a business customer which is a natural or legal entity or a judiciable partnership that in concluding the agreement is acting in the execution of its commercial or independent business activity (§14 para. 1 BGB).
(3) Our offers are exclusively aimed at adults. Customers who have not yet attained the age of eighteen years require the consent of the legal representative for a valid order in our Online Shop.
(4) Terms and conditions of the Customer shall not apply, even if we do not specifically object to their validity in the individual case.
(5) Our agreements with the Customer shall be made exclusively in the German or English languages, in each case depending on whether the Customer makes the relevant purchase on the English language website or on the German language website of our Online Shop. If the order is made on our German website, the German version of these General Terms and Conditions shall exclusively apply. If the order is made on our English website, the English version of these General Terms and Conditions shall exclusively apply.
2. Conclusion of Contract
(1) Our offers in our Online Shop are non-binding and only represent an invitation to our Customer to make us an offer for the conclusion of a purchase agreement for the respective product.
(2) The Customer can select the products in our Online Shop and collect them with the button “add to shopping cart”. By clicking on “Confirm Purchase” the Customer is placing the order in our Online Shop and submits a binding offer to purchase the relevant product. The Customer may view the data via the shopping cart at any time before the purchase order is sent.
(3) The purchase offer can only be made if these General Terms and Conditions are being included in the agreement by checking the box “I hereby agree to the General Terms and Conditions”. We may accept the offer until expiry of the third business day following the day of the offer.
(4) Without undue delay upon receipt of the order, we will send an email to the Customer confirming the receipt of the order. This email shall not constitute an acceptance of the order but rather informing the Customer that we have received his order. The order shall be deemed to be accepted by us either upon subsequent email acceptance of the order or by dispatching the product. In this email and additionally or at the latest at the time of the delivery of the products, the contractual text comprising the order, order confirmation, General Terms and Conditions as well as invoice will be transmitted. The purchase agreement with the Customer shall not become effective until our acceptance.
(5) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation policy as set out in clause 10 and made available to the Customer on our Online Shop in connection with the order process.
3. Prices and Payment
(1) Our prices include statutory VAT, however, not shipping costs. The shipping costs for a delivery are subject to the standard rate of the shipping company commissioned by us. Any customs duties and similar public charges shall be borne by the Customer.
(2) Despite our greatest efforts we are unable to guarantee the correctness of the information in our Online Shop. If due to a mistake the price published on our Online Shop is below the intended price we will inform our Customer about this mistake prior to the acceptance of the order and offer the Customer the choice of either retain the order at the correct price or to cancel the order. The same shall apply if the description of the product on our Online Shop deviates from the product available at our end (e.g. due to changes of our manufacturers or suppliers). If the price published on our Online Shop is higher than the intended price we will send the order to our Customer and only charge the lower price.
(3) Unless expressly otherwise agreed upon, all of our shipments shall require advance payment (to be made in the manner specified in our order form in our Online Shop) via PayPal or credit card, in each case upon receipt of an invoice.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been awarded by a final and binding decision.
4. Dispatch of the Product
(1) The deadlines and dates for the dispatch of the products as set out by us shall only be approximate and may therefore be exceeded by up to two business days. This shall not apply if a specific dispatch date has been explicitly agreed upon.
(2) Any and all delivery times stated in the order or otherwise agreed upon shall begin (a) on the day of the receipt of the full purchase price (incl. VAT and shipping costs) if delivery is agreed against advance payment or (b) on the day of the conclusion of the purchase agreement if delivery is agreed against payment via PayPal or credit cart.
(3) Only the day of the delivery of the product to the shipping company commissioned by us shall be relevant for the compliance of the dispatch date.
(4) Insofar the product is identified as “in stock” on our order form, we shall be free to otherwise sell the product, if
a) the order form includes a note about the limited availability of the product or
b) the delivery is agreed against advance payment and the payment is not received by us within a time period of seven business days upon our acceptance of the offer.
In such case, we shall dispatch the product within the agreed or the stated time period only as long as a sufficient quantity of the product is in stock.
(5) If no dispatch date is stated or otherwise agreed upon or in case we are no longer obliged to comply with the agreed dispatch date due to the applicable sale pursuant to paragraph 4, a period of three weeks as from the date in accordance with paragraph 1 shall be deemed agreed upon for the dispatch of the product.
(6) In the event that our supplier fails to deliver any products which were identified on the order form as “out of stock” or were sold out pursuant to paragraph 4 in a timely manner, the relevant date of dispatch pursuant to paragraph 4 shall be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks. Any such extension shall be subject to the proviso that we have without undue delay ordered the relevant products from the supplier and that our supplier’s failure to timely supply the products is not a result of our fault or negligence.
(7) In the event that the product is no longer available, or cannot be timely delivered, for any of the reasons set out in paragraph 4, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the purchase agreement. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
5. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the shipping company at our reasonable discretion. Unless otherwise explicitly agreed upon, the shipment shall be sent to the delivery address provided during the ordering process.
(2) We shall only be obliged to properly and timely deliver the product to the shipping company and are not responsible for any delivery delays caused by the shipping company. Thus, any shipping time specified by us shall only be non-binding.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the shipping company.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
6. Retention of Title
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent.
(1) To the extent that the delivered product only insignificantly differs from the picture depicted in our Online Shop and the usability of the product is not impaired, this shall not constitute a defect.
(2) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. If the Customer is a Business Customer, however, we shall have the right to choose between any such remedies at our discretion. Such choice shall be made by us by written notice (i.e. “text form”, including by telefax or by email) to the Customer within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(3) If the remedy pursuant to Section 7 (1) fails or we refuse to remedy the defect, the Customer shall be entitled to terminate the purchase agreement, reduce the purchase price or claim damages or fruitless expenses, in each case in accordance with applicable law. Further, damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(4) The warranty period shall be two years upon delivery of the product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(5) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified.
(6) Otherwise, the statutory warranty rights shall apply.
(1) We are only liable for damages which (a) are directly caused by us, our legal representations or our vicarious agents grossly negligent or willful, (b) are based on intentional or negligent injury to life, limb or health by us, our legal representations or our vicarious agents, (c) are based on gross negligence on our part or on the part of our legal representations or vicarious agents or (d) are caused by breach of fundamental contractual obligations by us. In case of slightly negligent breaches of fundamental contractual obligations our liability shall be limited to typical contractual damages foreseeable at the time the agreement was concluded unless these claims are connected with injury to life, limb or health. Fundamental contractual obligations shall be such obligations of which the performance is absolutely necessary for the achievement of the purpose of the agreement and which normally can be expected to be fulfilled.
(2) The liability restrictions of this Section 8 shall also apply for our legal representatives and vicarious agents if such claims are asserted directly against them.
(3) Liability under the German Product Liability Act and under guarantee given by us shall remain unaffected.
9. Data Protection
10. Revocation policy – Right of Right of Revocation
The following provisions shall only apply for Customers who place orders as private consumers:
You have the right to revocate from this contract within 14 days without giving any reason.
The revocation period will expire after 14 days from the day on which you acquire, or a third party other than the shipping company and indicated by you acquires, physical possession of the products.
To exercise the right of revocation you must inform us (Catharina Mende, Schröderstrasse 12/1, 10115 Berlin, firstname.lastname@example.org) of your decision to revoke this agreement by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample revocation form, but it is not obligatory.
To meet the revocation deadline, it is sufficient for you to send your statement concerning your exercise of the right of revocation before the revocation period has expired.
Effects of Revocation
If you revoke this agreement, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to revoke this agreement. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
You shall send back the products or hand them over to us, without undue delay and in any event no later than fourteen days from the day on which you communicate your revocation from this contract to us. The deadline is met if you send back the products before the period of fourteen days has expired.
You shall bear the direct cost of returning the products.
You shall only be liable for any diminished value of the products resulting from the handling other than what is necessary to inspect the nature, characteristics and functioning of the products.
You may use the following sample revocation form, but it is not obligatory:
(Complete and return this form only if you wish to revoke the agreement)
- To Catharina Mende, Schröderstrasse 12/1, 10115 Berlin
- I/We (*) hereby give notice that I/We (*) revoke my/our (*) purchase agreement of the following products (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the Customer(s)
- Address of the Customer(s)
- Signature of the Customer(s) (only for written notice on paper)
(*) Delete as applicable.
11. Applicable Law and Jurisdiction
(1) Any agreements entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law provisions.
(2) If the Customer operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant agreement. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
12. Dispute Resolution
(1) The European Commission provides a platform for online dispute resolution with online agreements which can be found at: http://ec.europa.eu/consumers/odr/.
(2) We are neither obliged to participate in an alternative dispute resolution in the sense of the German Customer Dispute Resolution Act nor do we offer such resolution.