General Terms and Conditions of Spreckelsen&Carnevale GbR
Scope
The following conditions apply to all legal transactions with us. Conditions by the orderer deviating therefrom are herewith contradicted. Besides, the legal regulations of the Federal Republic of Germany apply. The application of the standard UN Convention on Contracts for the International Sales of Goods (CISG) and the regulations of the conflict of laws are excluded.
Contract Conclusion
The display of the products in our online shop does not represent a legal binding offer but an invitation to order. Errors reserved, an order requires the acceptance of these general terms and conditions. Your order is an offer for the conclusion of a sales contract. After placing your order, you will receive an e-mail which confirms the receipt of your order and lists its content (fulfillment confirmation). This fulfillment confirmation is not yet an acceptance of your offer but only informs you that we have received your order. The sales contract is not concluded until we have delivered the ordered merchandise to you and sent you a shipping confirmation by a second e-mail. If your order includes products which are not mentioned in our shipping confirmation, there will be no contract conclusion for these products.
Right of Withdrawal
If you are a customer according to §13 German Civil Code (BGB), you have the right to revoke your contractual statement in writing (e.g. letter, fax, or e-mail) or by sending back the sales items without giving reasons within two weeks. At the earliest, the termination period shall commence upon receipt of this notification in writing, however not before receipt of the goods by the customer.
The revocation is to be addressed to:
Spreckelsen & Carnevale GbR, Mühlenkamp 29, D - 22303 Hamburg
Phone: 040 - 279 10 66; Fax: 040 - 279 10 67
E-mail: info@spreckelsen-carnevale.de; Internet: http://www.spreckelsen-carnevale.de/
Exclusion from the right of withdrawal: There is no right of withdrawal for products which have been especially made at the request of the purchaser.
Consequences of Withdrawal
In the event of a valid revocation, each party shall return to the respective other party the benefits received. If you cannot at all return the benefits you received by us or only partially or in a worse condition, you will have to pay compensation for this. This does not apply for returns of benefits, when the degradation has been caused by an examination of the items which is likewise to the examination in a store. By the way, you can avoid compensation by not using the items like your own and by refraining from anything that can cause a degradation of the item’s value. Furthermore, we ask you not to remove the original protection tag in swimwear and underwear and to refrain from removing or damaging original tags on the items. For returns, please use the enclosed return form and the original box. Also, please fill out the return form completely. Your right of withdrawal remains unaffected whether you use the return form and the original box or not. If items are of poor quality or are not in accordance with your order, the right of withdrawal will not affect your right of warranty.
Prices
All prices stated are in euro and include the legal sales tax. Additionally to the stated prices, we charge shipping and handling, which depends on the total amount and on the delivery address.
Delivery, Delivery Date
Usually, delivery within the Federal Republic of Germany is carried out by UPS, to Europe, including Switzerland, it is made by mail. Delivery dates are only binding for a certain day if they have been confirmed by us.
Shipping and Handling (national)
- Shipping within Germany by UPS standard. Delivery time: 2-3 days 10.00 €
- Shipping by express mail. Orders placed before 12 a.m. will usually be delivered on the next working day until 12 a.m. Deliveries from an order value of EUR 1000 are free of shipping costs plus a potential cash on delivery charge of EUR 7.00.
Shipping and Handling (international)
- Shipping by registered mail within the EU (deliveries to Italy are only possible as an insured letter). Delivery time: 3-8 days, costs: 12.50 €
- Shipping by insured letter within the EU (including Italy). Orders placed before 12 a.m. will usually be delivered in the course of the next working day, costs: 49.50 €
- Shipping by registered mail to Switzerland. Delivery time: 3-5 working days, costs: 12.50 € Please contact us for shipping and handling costs outside of Europe. During shipment to countries outside of the European Union (EU), taxes and customs can occur. The value-added tax which is effective in Germany will be preliminarily deducted from the invoice amount.
Terms of Payment
For deliveries within the Federal Republic of Germany, payment can be either made by bank money-order (payment in advance) or cash on delivery. For deliveries outside of the Federal Republic of Germany, payment is only possible by bank money-order. If bank money-order is chosen, we will give you our bank details in the order confirmation and deliver the merchandise after receiving the payment.
Warranty
The warranty is based upon legal regulations. For complaints, the date of purchase has to be verified. For defects occurring during the legal warranty period of two years, you have the right to supplementary performance (at your option: removal of defects or replacement) and, if there is a legal right to reduction or withdrawal, to compensation.
Offset Right
There is only an offset right, if your counterclaim has been declared by court, is indisputable, or has been accepted by us in written form. You may only execute the right of detention if the claims are based upon the same contractual relationship.
Retention of Title
Until fully paid, all delivered products remain our property.
Privacy
According to § 28 paragraph 1 of the Federal Data Protection Act, we inform you that we save your name, complete address, and all information which is necessary the invoice and delivery in machine readable form and process it digitally. Your data will not be passed on to third parties. We only reserve the right to use your data for our own marketing purposes. If you do not want this, please notify us.
Legal Effectiveness
If parts or certain phrases of this text do not, no longer, or do not completely comply with the current legal situation, the other parts of our general terms and conditions remain unaffected as far as their content and validity are concerned.
September 2008
