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|Terms & Conditions|
|I. Area of Application
All deliveries and services provided by Firmament / The-Glade - Haas & Storvoll GbR (hereinafter referred to as the seller) are performed exclusively on the basis of these general terms and condition of sale and delivery. Any alternative terms and conditions on the part of the customer shall not apply unless we should confirm these in writing. There are no supplementary agreements.
II. Conclusion of Contract
1. All offers on the online shop are subject to change and not binding. All offers are subject to prior sale.
2. In ordering the desired goods, via internet, e-mail or by telephone the customer makes an offer to conclude a purchase agreement.
The seller has the right to accept this offer by issuing the customer with an order confirmation within 14 calendar days. The order confirmation shall be sent by e-mail.
Upon the unsuccessful expiry of the 14-day term, the offer applies as rejected.
The automatically generated information on the receipt of the order does not represent an order confirmation. It merely serves to verify the communicated data.
III. Prices, price alterations
1. The prices listed at the time of ordering are applicable to all goods and services. Our prices are in Euros and include the currently applicable statutory VAT and exclude postage and packaging or other additional services, insofar as no alternative is expressly agreed.
2. Our invoices are payable immediately and without deduction. We accept payment by PayPal, credit card, (international) bank transfer and Western Union Money Transfer. The customer is responsible for any charges incurred through payment by bank transfer or Western Union Money Transfer.
1. Insofar as the goods are in stock and available, the seller shall dispatch these within 1-3 work days. Delivery is performed through the dispatch of the purchased item to the address provided by the customer. Partial deliveries are permitted, where reasonable for the customer.
2. In the event of a delivery delay, the seller shall notify the customer immediately upon becoming aware of the delay.
3. If the seller should be delayed in delivering, all liability for damages is restricted to foreseeable damage, should this arise through slight negligence. Further claims to damages shall only exist if the delay should arise on grounds of gross negligence or wilful misconduct.
4. The method of dispatch, the carrier and dispatch route shall be at the seller's discretion unless otherwise expressly instructed by the customer.
The seller does not guarantee any delivery times, however, can provide the following estimates, to be considered as a guideline:
Via Parcel (Jackets, Sweatshirts, Trousers, Footwear, etc.)
Via Mail (T-Shirts, Headwear, Accessories, Magazine, Books, etc.)¹
V. Retention of title
The purchase item shall remain the property of the seller until paid for in full. Prior to transfer of title the customer is not permitted to pledge, assign as security, process or modify the goods without the express permission of the seller.
1. The provisions of Art. 377 of the German Commercial Code shall remain unaffected vis-à-vis trade customers. These customers are obligated to examine the goods immediately for integrity, conformity with the delivery documents and order as well as for defects. Detected or visible defects are to be reported in writing. If prompt notification is omitted, the goods are deemed accepted as per agreement, unless the defect is not apparent upon examination performed with reasonable diligence.
2. Insofar as sellers' guarantees are granted, the details are provided in the guarantee terms, enclosed with the delivered item. Warranty claims are not prejudiced by statutory claims/rights.
3. Customers who are not consumers pursuant to Art. 13 German Civil Code (BGB), warranty shall in the first year be restricted to the removal of defects or replacement delivery. The seller reserves the right to stipulate the method of rectification. Upon expiry of the first year, the seller shall at its discretion restrict its warranty to the removal of the defect or a credit note for the current value of the goods.
VII. Data Protection
The customer expressly agrees to the collection, processing and use of his/her data. Data requisite to complete the transaction shall be stored. All personal customer data customer will naturally be treated with discretion. The forwarding of data to a third party without the express permission of the customer shall not occur.
VIII. Terms of revocation
Right of revocation
The customer may cancel his/her contractual order agreement by returning the goods within fourteen days without stating the grounds. The period of revocation shall commence from the date on which the goods were accepted by the customer or a third person appointed by you, who is not the carrier.
In order for the customer to exercise the right of revocation, the customer must notify us - Firmament / The-Glade - Haas & Storvoll GbR, Linienstrasse 40, 10119 Berlin, Germany, tel.: +49 (0)30 639 11611, e-mail: firstname.lastname@example.org - accordingly in an unequivocal statement (e.g. letter sent by post, or e-mail) of your decision to withdraw from the contractual order agreement. Sending notification of the customer's intention to exercise the right of revocation prior to expiry of the period of revocation shall be sufficient to comply with the period of revocation.
Consequences of revocation
If the customer withdraws from this agreement, we shall refund all payments that we have received, including delivery costs (with the exception of additional costs that arise if you have selected a form of delivery other than the cheapest form of standard delivery offered by us) without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that the customer used for the original transaction, unless expressly agreed otherwise with customer; in no event will you be charged any fees for this refund. We may refuse the refund until the goods have been returned to us.
The customer must return or hand over the goods to us without undue delay and, at all events, within fourteen days at the latest from the date on which the customer notified us of their withdrawal from the contractual order agreement. The deadline shall be deemed to have been complied with if the goods are dispatched prior to expiry of the deadline. The immediate costs of returning the goods shall be borne by the customer.
The customer shall only be required to compensate any loss of value if said loss of value can be attributed to any unnecessary handling of the goods for the purpose of testing the condition, properties and functionality of said goods.
IX. Final provisions
1. In the event that a provision of these general terms and conditions or any other agreement in the scope of this contract should be invalid, this shall not prejudice the validity of the remaining provisions. The statutory provision shall apply in substitution of the invalid provision.
2. Berlin is the agreed legal venue for tradesmen, companies, corporate bodies under public law or public fund assets, insofar as legally admissible.
3. Place of performance for all duties arising from the contractual relationship is the applicable seller's place of business.
4. German law applies exclusively, subject to the exclusion of UN and EU Sale of Goods provisions. This provision also applies to cross-border deliveries.
If you have questions regarding these terms, please contact us anytime.
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