§ 1 Scope and contractual parties

(1) The following General Terms and Conditions shall apply in their current form. Verbal additional agreements shall not be valid.

(2) The contractual parties to the following General Terms and Conditions are Martina Haagen, Augsburger Str. 29, 10789 Berlin, Tel. +49-30-91689739 and the Purchaser.

(3) The information provided in our offer is subject to change without notice.

 

§ 2 Conclusion of the sales contract

(1) The order may be placed by telephone, post, the on-line shop or e-mail. The sales contract between the contractual parties for the selected item(s) is then legally binding and shall be confirmed by Martina Haagen, usually by e-mail, within 7 days.

(2) Martina Haagen is under no obligation to accept the contract, particularly if the Purchaser has not fulfilled any obligations from previous orders in due time.

(3) The order is subject to the proviso that the goods are available in stock. If the goods are not available, you shall be informed of this immediately.

 

§ 3 Pricing and payment

(1) Each of the current prices is listed on the “gut behütet” web pages.

(2) The prices are listed inclusive VAT at the current rate.

(3) Postage and packaging are charged separately.

(4) The goods shall be paid for by bank transfer in advance on ordering or by cash on delivery (C.O.D.). The Purchaser is to bear the 3 Euro C.O.D. charge and the 2 Euro money transfer fee (total 5 euro). The C.O.D. charge within Europe is 8.00 Euro.

(5) All prices listed, including those for postage, packaging and cash on delivery are applicable at the time the order is placed and only within Germany, unless stated otherwise. Where prices and conditions of delivery are up-dated, all previous prices and conditions shall become invalid.

 

§ 4 Delivery

(1) Delivery is ex works to the address provided in the order, unless a separate delivery address has been stated. Delivery lead times for in-stock items are usually 3-5 days, for one-off items approx. 1-2 weeks. These details are non-binding. Goods shall only be delivered on receipt of payment or agreement to cash on delivery.

(2) Delivery charges within Germany are 2.90 Euro. C.O.D. orders are subject to an additional C.O.D. charge as stated above. C.O.D. and delivery charges will be listed separately by “gut behütet” on the invoice. We charge 4.90 Euro for deliveries to Switzerland and Austria.

 

§ 5 Warranty and liability

(1) The customer’s entitlements against “gut behütet” are determined by legal provisions; the legal warranty period currently comprises 2 years.

(2) Should damage or loss occur as a result of improper or contrary to contract action of the customer, this shall not constitute a claim against “gut behütet”. Handling and wearing instructions provided should be observed.

(3) “gut behütet” is only liable for wilful intent and gross negligence. For the rest, no liability is accepted. Liability in accordance with the Product Liability Act remains unaffected.

 

§ 6 Right of withdrawal and return

(1) You may withdraw your declaration of agreement in the written form by letter or e-mail within 2 weeks without giving reasons, or return the delivered items. The period begins with the delivery of the goods and ends with the timely dispatch of the cancellation or the goods. The cancellation and the goods are to be sent to:

gut behütet - Martina Haagen, Augsburger Str. 29, 10789 Berlin, Telephone: +49-30-91689739 , E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is protected against spam bots! JavaScript must be activated in order to see it.

(2) In the event of cancellation you are obliged to return the goods in full. The customer is obliged to return the goods in the original packaging, including any inner packaging. The return sender shall bear the cost of returning the goods, providing the cost of the goods contained in that order does not exceed 40 Euro. Martina Haagen shall bear the cost of postage for the return of goods worth more than 40 Euro .

(3) In the event of a valid cancellation, any products or services received by either party, and any profit derived therefrom

(e.g. benefit from use of the goods) shall be returned. Compensation for damages may be claimed in the event of deterioration or destruction of the goods. This shall not apply if the deterioration is a direct result of their examination. Martina Haagen is entitled to retain payments received to the extent of the reduction in value.

(4) Goods which have been produced to customer specifications or which have clearly been tailored to personal requests, e.g. special sizes, are not subject to the right of return.

 

§ 7 Reservation of title

(1) The goods shall remain the property of “gut behütet” until full payment of the invoiced amount has been received.

 

§ 8 Applicable law, invalid clauses, jurisdiction

(1) The construction and performance of all contracts shall be governed by German law.

(2) Should one or more of the provisions contained in these T&Cs be invalid, the invalid provision shall be replaced by the relevant legal provision. The remainder of the contract shall continue in full force and effect.

(3) Place of performance and jurisdiction is Berlin.

 

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