Terms and Conditions
|
These Terms and Conditions are for our consumers only. Only these Terms and Conditions apply. Product Descriptions We try to describe our products as accurately as possible. However, we cannot guarantee that our product descriptions are always 110% accurate and error-free. To err is human (and we are happy not to be machines), so there is always a slight possibility we might make mistakes. If a product is, in fact, not as described, your sole remedy is to return it in unused and unwashed condition. But we really hope you’ll thoroughly enjoy our products! Pricing & Stock Information We also try very hard to put the correct pricing and product availability status on our website. However, we cannot confirm price or availability until you order. We do check and double check… and triple check. But despite our best efforts, a few items may be mispriced or marked “in stock” when in fact they are not. In case the correct price is higher than the price stated or stock information is incorrect, we will either cancel the order or contact you for further instructions. The listed price per item excludes packaging and shipping costs which shall be paid by the purchaser. The price also excludes respective statutory taxes, customs fees, duties or any other additional charges or fess, especially additional costs due to international shipping. Shipping & Returns We do not ship to Europe. Inspection Please inspect all items as soon as you receive them. If the package has been damaged it is important to get a signed damage confirmation from the carrier when you sign for the package. If this is the case, please notify us immediately (next day at the latest) so we can claim the damage with the carrier. The risk of loss or damage to goods transfers to the purchaser upon dispatch. Return within 14 Days If you are not completely satisfied with your purchase, you can return those items to us within 14 days of delivery for a refund or exchange. We do not charge a re-stocking fee. Measurements are provided on our website for most of our items. So please, please check these measurements before you order to avoid unnecessary shipping charges and avoidable harmful effects on the environment. Please e-mail us at returns All items returned need to be unworn, unused and unwashed. If you choose to get a refund we will refund the purchase price of the products not including shipping and handling charges; unfortunately you will be responsible for return postage. Incorrect or Faulty Items Of course, if we send you the wrong product we will exchange it at no extra cost or refund your money (including postage) upon return of the item. Faulty products will also be exchanged or refunded including postage when returned in unworn, unused and unwashed condition. Customer damaged products can not be refunded or exchanged. Delivery In case of default in acceptance or other breach of duties upon delivery by the purchaser, we are entitled to claim any resulting damages. In this case, the risk of loss or damage to goods transfers to the purchaser at the time of default in acceptance or other breach of duties upon delivery at the latest. Payment We retain title to the goods until we receive all payments in full. In case of breach of contract by the purchaser including, but not limited to, default in payment we are entitled to take possession of the goods. Offset The purchaser shall be entitled to offset only insofar as the purchaser’s counterclaim is acknowledged, undisputed or assessed in a legally binding judgment. The purchaser is entitled to claim retainer rights only to the extent that such rights are based on the same transaction. Liability Most of our products were originally designed for the European market. We constantly observe applicable rules and laws in the USA. We do test for flammability and lead content and put in legally required tags, but we still cannot guarantee or warrant our products to be safe and legal for sale in the USA. In case of intentional wrongdoing or gross negligence on our part or by our agents or assistants in performance we are liable according to the provisions of German law; the same applies in case of breach of fundamental contract obligations. To the extent the breach of contract is unintentional our liability for damages shall be limited to the typically predictable damage. Our liability for culpable damage to life, body or health as well as our liability under the German Product Liability Act shall remain unaffected. Any liability not expressly provided above shall be disclaimed. This site and all information, content, products and services are provided on a “as is” and “as available” basis. We make no warranties of any kind, express or implied, as to information, content, products or services. You expressly agree to use this site at your own risk. We cannot guarantee that our site, servers, e-mails or any other information you may get through the use of our website are error free, virus free or free of any other harmful content. We cannot be liable for any damages resulting from the use of this website and subsequent communication. Of course, your rights under applicable laws remain unaffected. External Links We make every effort to ensure that all external links on our site are accurate. We check all links on a regular basis, because we put them on our site to provide you with relevant and useful information. However, we cannot guarantee the accuracy of any content (information, products, services) in these links, nor do we automatically endorse or approve of any of the contents. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Jurisdiction This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods). Place of performance and exclusive place of jurisdiction for all disputes arising out of or in connection with the use of this website or sales contract shall be Mettmann, Germany. |