Terms & Conditions
§1 Scope of application
The following General Terms & Conditions are valid at the time of ordering and shall solely apply for the business relationship between februardesign and the purchaser. februardesign does not accept any provisions of the purchaser which other than ones that have been agreed upon in writing with februardesign.
§2 Conclusion of the contract
Your order will be treated as an offer to conclude a contract according to these terms & conditions. We are under no obligation to accept your order. If we accept your order we will send you an order confirmation by email. The order confirmation email from februardesign is to be considered as an acceptance of your order. If we are unable to accept your order, we will attempt to convey this to you by phone, e-mail or by post.
§3 Delivery time
The normal delivery period is currently approx. 7 working days from the date of the order. We will make every commercially reasonable effort to meet delivery dates. In the event of delays, due to circumstances not known to us at the time the order was placed and which are beyond our control, the delivery date will be extended accordingly.
§4 Delivery address
Unless otherwise requested by the purchaser, delivery will be made to the address provided on the invoice. If the purchaser requires delivery to an address other than the invoice address, it must be stated during the time of the order. Subsequent alteration of the delivery address can unfortunately not be accepted.
§5 Prices
All prices include German VAT. Every effort will be made to ensure that the prices of all items are always stated correctly - however, errors cannot be excluded. For deliveries outside of Germany where the German VAT is not applicable, we will be sure to exclude the charge.
§6 Delivery Charges
For deliveries within Germany for orders below 35 € there is a shipping & handling charge of 1.80 Euros. Orders of 35€ and above will incur a shipping charge of 4.50 €. Orders of 100€ and above will be shipped free of charge.
For deliveries to other countries in the European Union there is a standard charge of 19 Euros.
§7 Deliveries outside the EU
Our standard deliveries are within Germany and the EU. For deliveries outside of EU please contact us by phone under +49 30 27 59 55 47 and we will strive to find an appropriate solution for your order request.
§8 Terms and payment
Currently payment is accepted by bank transfer, PayPal, and credit card. Unless otherwise agreed, products ordered will only manufactured and dispatched after receipt of payment. If payment is not received within thirty days of receiving your order, the order will be cancelled by februardesign.
Bank details:
Daniela Koenn
Berliner Volksbank
Account No. 730 840 1000
Routing No. 100 900 00
IBAN DE44100900007308401000
SWIFT/BIC BEVODEBB
§9 Complaints, Liability for defects
If a purchased item is found to be defective, the purchaser is entitled to redress (rectification of defects or replacement). If redress fails to overcome the defects, the purchaser may - in the case of not inconsiderable defects - terminate the contract, ask for the purchase price to be reduced or make a claim for compensation. Unless otherwise provided for below, further claims of the purchaser - for whatever reasons - are excluded. februardesign thus does not accept any liability for damage which does not occur to the delivery item itself, in particular februardesign will not be liable for any loss of profit or other financial losses of the purchaser. Where the liability of februardesign is excluded or restricted, this also applies to the personal liability of its employees, representatives and assistants. The aforementioned liability limitation does not apply where intentional damage or gross negligence are concerned or in case of personal injury. Moreover it does not apply where the purchaser asserts a claim based on § 1 and 4 of the Product Liability Law. Insofar as februardesign intentionally breach a contractual obligation, compensation for material damage is limited to the typical damage incurred. If redress is in the form of a replacement delivery, the purchaser is obliged to return the goods initially delivered to februardesign. The replacement delivery will only be dispatched after the initially goods delivered have arrived at februardesign. Exceptions to this rule require separate agreement.
§10 Return of goods and return consequences
Goods received may be exchanged by sending them back within two weeks without stating reasons. Individual sheets of wrapping paper cannot be exchanged. For further details please call februardesign under +49 30 27 59 55 47. The period begins at the earliest with receipt of the goods and this notice. For adherence to the period the timely dispatch of the goods will suffice. The costs for the return are at the purchaser’s expense. Return shipments or the notification of returns should be sent to:
februardesign
Brunnenstrasse 42
10115 Berlin
Germany
In the event of a valid return, the performances and possible benefits (e.g. compensation for benefits obtained) received by both sides are to be restituted. In the event of deterioration of the goods, compensation for loss of value may be claimed. This does not apply where deterioration of the goods is solely due to their inspection - as might be the case in a shop. Incidentally, the need to compensate for loss of value can be avoided if the goods have not been used and if one refrains from anything that could detract form the value.
§11 Use of customer data
Customer data is used by februardesign for the purpose of processing of orders and payment transactions. Besides this, we use your data to communicate with you concerning orders, products, services and promotions, to update our database and to maintain your purchase accounts. We also use your information to enhance the performance our shop and our website, to prevent or to detect fraudulent use of our website or to enable third parties to carry out technical, logistic or other services on our behalf. We guarantee that your data will be used solely for these purposes.
§12 Ownership
All goods remain our property until complete payment of the amount invoiced including all additional charges has been received. The purchaser may make use of the goods within the scope of normal business practice but not barter with them nor assign transfer. Claims from resale are herewith assigned to us.
§13 Place of fulfillment
The place of fulfillment for the mutual contractual commitments shall be Berlin.
§14 Place of jurisdiction, applicable law
The parties agree to the court of Berlin having exclusive jurisdiction over any dispute arising from the contract. The parties further agree specifically that the court of Berlin, Germany shall be the responsible court for any legal procedure. These agreements also apply to claims arising from cheques and draft payments. German Law shall apply under exclusion of the United Nations Convention on Contracts relating to the international sale of goods.
Version: 2010
© 2010 februardesign, MeToYou
