Terms & Conditions
Schmalöer & Leinen GbR
All business relationships between Schmalöer & Leinen GbR, Hermannstr. 48, 12049 Berlin, Germany – hereinafter referred to as vendor – and the orderer – hereinafter referred to as buyer – shall exclusively be subject to the following General Terms and Conditions in the version which has been valid at the time of placing the order by the buyer.
Any deviating terms and conditions of the buyer do not apply, unless the vendor has expressly agreed to their validity in writing.
2. CONCLUSION OF THE CONTRACT
The presentation of the goods in the online shop of the vendor does not constitute a binding offer for the conclusion of a contract. It rather constitutes a non-binding invitation to the buyer to submit an offer to buy to the vendor.
An offer to buy is submitted by the buyer to the vendor by an order of the goods displayed in the online shop of the vendor.
An order of the goods presented in the online shop comprises the following steps:
a) Selection of the desired goods by clicking on the respective product.
b) Selection of the desired size by clicking on the button "Size" (insofar as varying sizes are available and being offered).
c) Adding the goods to the cart by clicking the button "Add to Cart".
d) Examination of the chosen goods and sizes in the cart by clicking the button "View Cart".
e) Transfer to the shipping and payment process by confirmation of acknowledgement of the General Terms and Conditions, the right of withdrawal and the data protection policy of the vendor and by clicking the button "Checkout".
f) Entry of the shipping and payment details and confirmation of these by clicking the button "Proceed".
g) Examination of the shipping and payment details and the order.
h) Legally binding submission of the order implying an obligation to pay by clicking the button "confirm".
The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labeled in an easily legible manner only with the words "order with obligation to pay" or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this subparagraph, the consumer shall not be bound by the contract or order.
The buyer can correct input errors at any time and at the latest before sending off the binding order by clicking on the "Back" button of the internet browser in order to get back to the page where the details of the buyer were given and can be corrected. The buyer can cancel the order process at any time by shutting down the internet browser.
When the buyer places an order with the vendor, he immediately receives a confirmation of the order via e-mail.
The confirmation of the order does not constitute an acceptance by the vendor of the offer to buy, but a notification to the buyer, which confirms the receipt and the precise scope of the order to the buyer.
An effective sales contract between the buyer and the vendor only materializes when the buyer receives from the vendor – in addition to the confirmation of the order – a further contract note via e-mail.
The buyer receives a contract note within a processing time of 48 hours after confirmation of the order, if the ordered goods are in stock and available for delivery.
If the ordered goods cannot be delivered on time or at all, the vendor informs the buyer of this within 48 hours after the confirmation of order.
If the ordered goods cannot be delivered on time, the buyer may choose to wait for the ordered goods or decide to cancel the order.
If the goods cannot be delivered at all, the vendor rescind from an order confirmation. A contract does not materialize in this case. Payments already rendered by the buyer will be reimbursed immediately.
3. RIGHT OF WITHDRAWAL
Information concerning right of withdrawal:
Right of withdrawal:
The buyer can revoke the contractual agreement in writing (e.g. letter, fax, e-mail) within 14 days without statement of reasons or – if the customer receives the goods before the end of this period – also by returning the goods. The period begins upon receipt of this notification in writing, but not before the goods are received by the recipient (where similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery) and also not before fulfillment of the vendor's duties of information pursuant to Art. 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") as well as the vendor's duties according to § 312g (1) sentence 1 of the BGB in conjunction with Art. 246 § 3 EGBGB. The cancellation period is observed by timely sending the withdrawal notice or dispatching the goods.
The notice of withdrawal must be sent to (address as required for a summons):
Schmalöer & Leinen GbR
Telephone: +49 151 23344828
Fax: +49 3222-9989185
Consequences of revocation:
In the case of an effective revocation, the mutually received benefits and, if applicable, derived profits (e.g. interest) are to be returned. If the buyer is not able to return services received (e.g. benefits from usage) in whole or in part or only returns them in a deteriorated condition to the vendor, the buyer shall be obliged to make good the loss in value to the Seller in this respect. For the deterioration of the good and for derived profits, the buyer is only required to make good the loss in value, if the usage or the deterioration is due to a handling of the good which exceeded the checking of properties and functions. "Checking of properties and functions" is understood to mean the testing and trying out of the individual good in a way which would be possible and usual in a store.
Goods suitable for shipping via parcel post shall be sent back at the risk of the vendor. The buyer has to bear the regular costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 40 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not reciprocated or performed the contractually agreed partial payment. Otherwise the reshipment is exempt from charges for the buyer.
Goods not suitable for shipping via parcel post shall be collected from the buyer. Obligations to reimburse payments must be discharged within 30 days. The period shall begin for the buyer when he sends his statement of revocation or the goods; for the vendor it shall begin with its receipt.
Legal exclusion of the right of revocation:
The right of revocation, unless otherwise provided, does not exist in the case of – an order of goods, which are made according to specifications of the customer or clearly are tailored to the personal needs or which are not suitable for a return due to their condition or are easily perishable or whose expiration date would be exceeded (§ 312d (4) no. 1 BGB), – for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user (§ 312d (4) no. 2 BGB), – delivery of newspapers, journals and magazines (unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone) (§ 312d (4) no. 3 BGB).
End of information concerning right of withdrawal
4. STORAGE OF THE CONTRACT TEXT
The vendor stores the order of the buyer with the order data provided by the buyer. Additionally, the vendor stores the contract note with the General Terms and Conditions included in the contract.
The buyer can save and print the order and contract confirmation sent to him by the vendor via e-mail. The buyer can click on, save and print the General Terms and Conditions during or immediately after the order process.
5. CONDITIONS OF PAYMENT
The buyer can pay for the order by PayPal or advance payment. Any other means of payment is only possible after an express agreement with the vendor in writing.
6. DELIVERY / SHIPPING COSTS
Shipping of the ordered goods is performed by the vendor via UPS Standard.
The delivery of the goods will take place to the delivery address provided by the buyer.
After order confirmation the delivery takes place:
to addressees in Germany within 1–3 days,
to addressees in other European states within 2 – 7 days,
to all other addressees within 4 – 10 days.
The delivery timeframes are merely indicative guidelines provided by the deliverer (UPS) and do not constitute binding delivery dates.
All orders are free of shipping costs. For deliveries to countries other than Germany, further import costs may apply when a third country is involved (customs duties, import taxes and import turnover tax). These additional costs – which the buyer can enquire at the responsible customs office – shall be borne by the buyer.
The goods ordered by the buyer are insured up to a value of 510 € by the vendor.
An insurance of the ordered goods exceeding the amount of 510 € by the vendor or shipment with another deliverer (other than UPS) or another means of shipment will only be possible after an individual agreement in writing with the vendor.
All prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time.
8. RESERVATION OF PROPRIETARY RIGHTS
The goods remain the property of the vendor until the payment is made in full.
9. SET OFF / WITHHOLD
The purchaser is entitled to offset only insofar as the purchaser's claim is undisputed, disputed but ready for decision or assessed in a legally binding judgment. The customer shall be entitled to enforce a right of retention only against counter-claims under the same contract.
10. WARRANTY RIGHTS / COSTS FOR RETURNING GOODS OF WITHDRAWAL
The statutory warranty rights shall be valid.
If the buyer uses his right of withdrawal, he has to bear the costs of reconsignment, if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed the amount of 40 € or if, in case of a higher value of the product, the buyer has at the time of the withdrawal not performed the return service or the contractually agreed partial payment. Otherwise the reshipment is exempt from charges for the buyer.
11. DATA PROTECTION
The vendor uses the customer's data in accordance with his data privacy statement.
The contract language is German.
13. APPLICABLE LAW
The contractual relationship between the vendor and the buyer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from the choice of law are the strict stipulations of the customer protection law of the country, where the customer has his habitual residence.
Place of jurisdiction for all disputes arising from the contractual relationship between the vendor and the buyer is the seat of the vendor, in as far as the buyer is a merchant, a legal person under public law or special fund under public law.
14. SEVERABILITY CLAUSE
Should one or more of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions of the General Terms and Conditions.