Terms and Conditions
General Terms and Conditions and Customer Information in the context of purchase contracts concluded via the online store http://www.spur-dressform.com between ICF Institute of Contemporary Fashion represented by Tamotsu Kondo, Invalidenstraße 157, 10115 Berlin - hereinafter "Seller" - and the customer - hereinafter "Customer".
§1 Applicability to entrepreneurs and definitions of terms
(1) The following General Terms and Conditions shall apply to all deliveries between us and a Customer in the version valid at the time of the order.
Customer may be both a consumer within the meaning of § 13 BGB and an entrepreneur within the meaning of § 14 BGB. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders placed via our Internet store http://www.spur-dressform.com .
(2) In the event of the conclusion of a contract, the contract is concluded with
ICF Institute of Contemporary Fashion
Tamotsu Kondo
Invalidenstrasse 157
D-10115 Berlin
comes into effect.
(3) The presentation of the goods in our internet store does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirmation by clicking the buttons "Add to Bag/Into the shopping cart
3) Pressing the "Go to Checkout" button
4) Checking the data in the shopping cart
5) Enter your email address and click on the button "Checkout" or express checkout via Paypal.
6) Entering the shipping address and selecting the shipping method
7) Input of the payment data
8) Checking again or correction of the respective entered data.
7) Binding sending of the order by clicking the button "Pay/Buy".
Before the binding submission of the order, the customer can, after checking his data, return to the Internet page on which the customer's data are recorded and correct input errors or cancel the ordering process by closing the Internet browser by pressing the "Back" button contained in the Internet browser used by him. We confirm the receipt of the order immediately by an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet store: We will send you the order data and our terms and conditions as well as the cancellation policy and the cancellation form by e-mail. You can also view the terms and conditions at any time at http://www.spur-dressform.com/agb. For security reasons, your order data is no longer accessible via the Internet. In addition, the contract text is not stored by us.
§3 Prices, shipping costs, payment, due date, availability of goods
(1) The stated prices include the statutory sales tax and other price components. In addition, there are any shipping costs.
(2) The customer has the option of paying via PayPal or credit card (Visa, Mastercard).
(3) If the product designated by the customer in the order is only temporarily unavailable, the provider will also notify the customer immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract.
§4 Delivery
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. In this case, delivery will be made within 14 working days at the latest.
(2) If the contractual product is not available because the seller was not supplied by a supplier through no fault of its own despite its contractual obligation, the seller is entitled to withdraw from the contract. In this case, we will immediately inform the customer that the contractual product is no longer available and immediately refund any services already rendered.
§5 Retention of title
We retain title to the goods until full payment of the purchase price.
§6 Right of withdrawal of the customer as a consumer:
Right of withdrawal for consumers
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
ICF Institute of Contemporary Fashion
Tamotsu Kondo
Invalidenstrasse 157
D-10115 Berlin
e-mail: info@spur-dressform.com
Phone number: +49 30 34350934
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us (ICF Institute of Contemporary Fashion, Tamotsu Kondo, Invalidenstraße 157, D-10115 Berlin) without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
End of the cancellation policy
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§7 Cancellation form
Model revocation form:
(If you want to revoke the contract, please fill out this form and send it back).
To :
ICF Institute of Contemporary Fashion
Tamotsu Kondo
Invalidenstrasse 157
D-10115 Berlin
E-mail: info@spur-dressform.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________
Ordered on (*)/received on (*)
__________________
Name of the consumer(s)
_____________________________________________________
Address of consumer(s)
_____________________________________________________
Signature of the consumer(s) (only in case of paper communication)
__________________
Date
__________________
(*) Delete as applicable.
§ 8 Warranty for material defects
(1) The vendor is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff BGB.
(2) If the Customer is an entrepreneur, the Vendor shall initially be entitled to subsequent performance in the event of a material defect, i.e. at its own discretion to remedy the defect ("rectification") or to make a replacement delivery. If the subsequent performance fails, the customer shall be entitled to withdraw from the contract or to reduce the purchase price after a reasonable grace period. In all other respects, the statutory provisions shall apply.
(3) If the Customer is a merchant within the meaning of the German Commercial Code (HGB), it shall be obliged to check the goods for completeness and conformity according to the invoice immediately upon receipt and, if necessary, to notify the Seller of any defects without delay. If the customer fails to notify the seller, the goods shall be deemed to have been approved, unless the defect is hidden.
§9 Liability
(1) The Seller shall be liable for intent and gross negligence and in case of personal injury without limitation, but for slight negligence only in case of breach of material contractual obligations, as well as in case of impossibility for which the Seller is responsible and in case of default. The liability shall be limited to the damage typical for the contract, the occurrence of which the Seller had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time. In addition, the Seller shall be liable without limitation for damages for which mandatory statutory provisions, such as the Product Liability Act, provide for liability.
(2) The Seller shall have no further liability.
(3) The limitations of liability shall also apply mutatis mutandis to the Seller's vicarious agents.
§ 10 Final Provisions
(1) The language of the contract is German.
(2) Contracts between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. This choice of law shall apply to consumers only to the extent that the protection granted to the customer by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.
(3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller. This shall also apply if the Customer does not have a general place of jurisdiction in Germany or the EU, or if the Customer's place of residence or habitual abode is unknown at the time the action is brought.
(4) Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining GTC.
Institute of Contemporary Fashion
Tel: 49 30 34350934
Mail: info@spur-dressform.com
Address: Invalidenstrasse 157, 10115 Berlin, Germany
Thank you!