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Terms of Service
Terms of Service
§ 1 - Provider, inclusion of the General Terms and Conditions
(1) Provider and contractual partner for the goods presented in our online shop "www.rockabillymode.de" is Andrea Ewers Schneidermeisterbetrieb, Tonhallenstraße 11a, 47051 Duisburg, telephone 49 (0) 203 31879988, e-mail rockabillymode@web.de (hereinafter referred to as “provider” or “we”).
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting general terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the goods presented in this online shop for sale. The color of the goods on the website may vary slightly depending on the Internet browser and monitor settings used by the customer; these deviations are technically never completely avoidable. The selection of goods, the conclusion of the contract and the execution of the contract are carried out in German or English at the customer's discretion.
(2) The provider submits a binding purchase offer for the goods presented in the shop. By sending the order request via the "buy" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(3) Before accepting the purchase offer, the customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and, if necessary, to go back one or more steps in the order process in order to change the data or cancel the order altogether.
(4) After the conclusion of the contract, the provider sends the content of the concluded contract (contract text) to the customer by e-mail. At the same time, the provider saves the text of the contract in its electronic data processing. Since the customer does not have access to this, it is up to the customer to keep the e-mail with the text of the contract in their own interest.
§ 3 - Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include the statutory sales tax.
(2) Information on the shipping costs can be found in the respective description of the goods.
(3) The customer can use the following payment methods to pay for his purchase: Payment in advance by bank transfer, PayPal.
(4) A payment period of one week from receipt of the contract confirmation applies to prepayment orders. The provider stores the desired goods for the duration of the payment period for the customer. The provider reserves the right to withdraw from the contract and sell the goods elsewhere if payment has not been made on time.
(5) Deliveries to countries outside the European Union may incur customs duties and import sales tax, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and the shipping costs and cannot be influenced by the provider.
§ 4 - Dispatch and delivery time
(1) Information on the delivery time can be found in the respective description of the goods. An indication in days refers to the period of time from the payment by the customer to the delivery of the delivery.
(2) Several goods ordered at the same time are delivered in one shipment; the delivery time of the goods with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of certain goods with a shorter delivery time in advance, he must order these goods separately.
(3) If a delivery fails because the customer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon conclusion of the contract.
§ 5 – Consumer Right of Withdrawal
(1) A customer who buys as a consumer has a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) The provider grants a consumer with a permanent residence outside of Germany a consumer right of withdrawal in accordance with the German requirements and legal consequences even if the national law of the consumer does not provide for a right of withdrawal or the withdrawal is subject to a shorter period or a stricter form than Under German law.
§ 6 – Warranty (Liability for Defects)
There are warranty claims on the part of the customer (also referred to as liability for defects) in accordance with the statutory provisions.
§ 7 – Customer templates, rights guarantee
(1) A customer who provides the provider with templates for the production of goods (e.g. logos, photos, drawings or text) guarantees the provider that he has all the rights to the templates required for the execution of the contract and grants them to the provider for the fulfillment of its contractual service.
(2) The customer exempts the provider from all claims that a third party asserts against the provider due to the violation of copyrights or personal rights, trademarks, design rights or other industrial property rights. The right to indemnification also includes any necessary costs incurred by the provider for checking the claim and for legal defence.
§ 8 – Out-of-court settlement of disputes
(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“OS platform”) at ec.europa.eu/consumers/odr.
(2) To initiate an out-of-court dispute settlement procedure, consumers can use the OS platform or contact the following office: Universal arbitration board of the Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl, www.universalschlichtungsstelle.de, e-mail mail@universalschlichtungsstelle. de, telephone (07851) 7957940.
(3) We are happy to participate in a dispute settlement procedure before a consumer arbitration board if a consumer requests this.
§ 9 - Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with a permanent residence abroad, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract.
(2) Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
Sample withdrawal form
§ 1 - Provider, inclusion of the General Terms and Conditions
(1) Provider and contractual partner for the goods presented in our online shop "www.rockabillymode.de" is Andrea Ewers Schneidermeisterbetrieb, Tonhallenstraße 11a, 47051 Duisburg, telephone 49 (0) 203 31879988, e-mail rockabillymode@web.de (hereinafter referred to as “provider” or “we”).
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting general terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the goods presented in this online shop for sale. The color of the goods on the website may vary slightly depending on the Internet browser and monitor settings used by the customer; these deviations are technically never completely avoidable. The selection of goods, the conclusion of the contract and the execution of the contract are carried out in German or English at the customer's discretion.
(2) The provider submits a binding purchase offer for the goods presented in the shop. By sending the order request via the "buy" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by e-mail (contract confirmation).
(3) Before accepting the purchase offer, the customer is shown an overview of the data recorded for his order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and, if necessary, to go back one or more steps in the order process in order to change the data or cancel the order altogether.
(4) After the conclusion of the contract, the provider sends the content of the concluded contract (contract text) to the customer by e-mail. At the same time, the provider saves the text of the contract in its electronic data processing. Since the customer does not have access to this, it is up to the customer to keep the e-mail with the text of the contract in their own interest.
§ 3 - Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include the statutory sales tax.
(2) Information on the shipping costs can be found in the respective description of the goods.
(3) The customer can use the following payment methods to pay for his purchase: Payment in advance by bank transfer, PayPal.
(4) A payment period of one week from receipt of the contract confirmation applies to prepayment orders. The provider stores the desired goods for the duration of the payment period for the customer. The provider reserves the right to withdraw from the contract and sell the goods elsewhere if payment has not been made on time.
(5) Deliveries to countries outside the European Union may incur customs duties and import sales tax, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and the shipping costs and cannot be influenced by the provider.
§ 4 - Dispatch and delivery time
(1) Information on the delivery time can be found in the respective description of the goods. An indication in days refers to the period of time from the payment by the customer to the delivery of the delivery.
(2) Several goods ordered at the same time are delivered in one shipment; the delivery time of the goods with the longest delivery time applies to the joint shipment. If the customer wishes the delivery of certain goods with a shorter delivery time in advance, he must order these goods separately.
(3) If a delivery fails because the customer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the direct costs of the new shipment. These costs correspond to the shipping costs agreed upon conclusion of the contract.
§ 5 – Consumer Right of Withdrawal
(1) A customer who buys as a consumer has a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
(2) The provider grants a consumer with a permanent residence outside of Germany a consumer right of withdrawal in accordance with the German requirements and legal consequences even if the national law of the consumer does not provide for a right of withdrawal or the withdrawal is subject to a shorter period or a stricter form than Under German law.
§ 6 – Warranty (Liability for Defects)
There are warranty claims on the part of the customer (also referred to as liability for defects) in accordance with the statutory provisions.
§ 7 – Customer templates, rights guarantee
(1) A customer who provides the provider with templates for the production of goods (e.g. logos, photos, drawings or text) guarantees the provider that he has all the rights to the templates required for the execution of the contract and grants them to the provider for the fulfillment of its contractual service.
(2) The customer exempts the provider from all claims that a third party asserts against the provider due to the violation of copyrights or personal rights, trademarks, design rights or other industrial property rights. The right to indemnification also includes any necessary costs incurred by the provider for checking the claim and for legal defence.
§ 8 – Out-of-court settlement of disputes
(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“OS platform”) at ec.europa.eu/consumers/odr.
(2) To initiate an out-of-court dispute settlement procedure, consumers can use the OS platform or contact the following office: Universal arbitration board of the Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl, www.universalschlichtungsstelle.de, e-mail mail@universalschlichtungsstelle. de, telephone (07851) 7957940.
(3) We are happy to participate in a dispute settlement procedure before a consumer arbitration board if a consumer requests this.
§ 9 - Final Provisions
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. However, German law does not apply to consumers with a permanent residence abroad, insofar as the national law of the consumer contains regulations from which the consumer cannot deviate by contract.
(2) Should individual provisions of these general terms and conditions prove to be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.