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| General Terms and Conditions of the Vicious Boutique |
§ 1 Scope of application
For any and all business relations between VICIOUS GALLERY SHOP and the Customer (hereinafter also referred to as: “You”, “Your”) the below mentioned General Terms and Conditions shall apply exclusively in the version being valid by the time the order is placed. VICIOUS BOUTIQUE (hereinafter also referred to as: “We”, “Us”) shall not recognize any conditions of the Customer, which are in conflict with or deviate from these conditions unless VICIOUS BOUTIQUE has expressly agreed to these in writing. We reserve the right to modify and/or to extend these General Terms and Conditions.
§ 2 Conclusion of contract
Your order is considered an offer to enter into an agreement for sale with VICIOUS BOUTIQUE. In case You place an order with VICIOUS BOUTIQUE, We sent you an E-Mail confirming Your order (order confirmation). This order confirmation shall inform You that Your order has been received, but shall not, however, constitute an acceptance of Your offer. The agreement for sale shall be concluded once We have arranged delivery of the ordered goods and the dispatch has been confirmed by way of sending a second E-Mail (confirmation of dispatch).
§ 3 Right of revocation
You may revoke your contract declaration within two weeks without giving any reasons in writing (i.e. letter or E-Mail) or by way of sending back the ordered goods. The revocation period starts once You have received the goods at the earliest but not before the receipt of these instructions. To meet the deadline timely mailing of the revocation or the goods themselves shall be sufficient.
Any revocation by way of sending back the goods shall be addressed to:
VICIOUS BOUTIQUE
You may revoke online at:
shop at viciousgallery dot com
You may revoke by mail at:
Vicious Boutique
Barnerstrasse 14
22765 Hamburg
Germany
Revocation consequences:
In the event of a valid revocation each party shall return to the respective other party the benefits received and, if applicable, emoluments that have been taken. If You cannot return the received Goods in whole or in part and/or in undamaged condition only, You are obliged to pay compensation for value. As regards goods in the possession of the Customer, this does not apply if the deterioration is exclusively due to inspection of the Goods – as it would have been possible in a store. For the rest, You may avoid the obligation to pay compensation for value for any deterioration of the goods that has occurred by way of proper use of the goods, by not treating the Goods as Your own property, and by avoiding any treatment of the Goods that will affect its value. The shipping cost for the returned goods shall be born by the Customer, as far as the delivered Goods are corresponding to the Goods being ordered and the shipping cost do not exceed an amount of 40 EUR. In all other cases, shipping shall be free of charge. Any obligation to reimburse an amount shall be fulfilled within a period of 30 days. The period begins by the time you are sending your declaration of revocation or the goods themselves, for VICIOUS BOUTIQUE, upon the receipt.
End of information on your right of revocation
§ 4 Delivery
Unless expressly agreed upon otherwise, VICIOUS BOUTIQUE delivers from stock to the named address of the Customer. Statements with respect to the delivery period are non-binding, as far as VICIOUS BOUTIQUE has not assured a binding delivery date by way of exception.
In case VICIOUS BOUTIQUE shall not be able to deliver for reasons for which VICIOUS GALLERY SHOP is not responsible, since VICIOUS BOUTIQUE distributor does not fulfill its contractual obligations, VICIOUS BOUTIQUE may rescind from contract with the Customer. In this case, the Customer shall be notified with undue delay, that the Goods ordered are not available.
§ 5 Due-date and Payment, Default
The Customer may at its own discretion pay the purchase price via PayPal, by way of direct debiting as well as via cash on delivery. In case the Customer is in default, VICIOUS BOUTIQUE is entitled to claim interest amounting to five percentage points above the basic rate of interest of the European Central Bank. The right of VICIOUS BOUTIQUE to demonstrate a higher loss remains unaffected.
§ 6 Set-off, Right of retention
The Customer is only entitled to offset amounts if his counterclaim has been legally established, uncontested or is recognized by VICIOUS BOUTIQUE. The Customer shall have no right to re-debit or retain monies unless this is based on the same contractual relationship.
§ 7 Reservation of title
VICIOUS BOUTIQUE shall retain title to the goods until all claims against the Customer to which VICIOUS BOUTIQUE is entitled as a result of mutual business have been settled (reserved goods).
§ 8 Liability for defects
In case of a defect as to quality the statutory provisions shall apply. The assignment of claims arising out of or in connection with defected goods is excluded. Unless otherwise explicitly stipulated in these terms, further claims – irrespective of the legal basis – shall be excluded. VICIOUS BOUTIQUE therefore, is not liable for any and all damages that do not affect the goods themselves, in particular loss of profit or other financial losses of the Customer. As far as the contractual liability of VICIOUS BOUTIQUE shall be limited and/or excluded, this also applies to the personal liability of VICIOUS BOUTIQUE employees, salesmen or assistants.
The before mentioned limitation of liability shall not apply, as far as the cause of damage is due to willful conduct or gross negligence or where there is personal injury. As far as VICIOUS BOUTIQUE negligently breaches a contractual obligation that is of particular importance for the attainment of the contract purpose (cardinal obligation) the liability shall be restricted to such amount that is typically expected and foreseeable.
In case of a supplementary performance by way of a replacement delivery, the Customer is obliged to send back to VICIOUS BOUTIQUE the goods that have been delivered at first within 14 days. The return of the defected goods shall be carried out in accordance with the statutory provisions. VICIOUS BOUTIQUE reserves the right to claim for damages in accordance with the statutory provisions.
§ 9 Storage of data
In accordance with § 28 of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) We advise You, that We as stipulated in § 33 BDSG will process and store Your necessary personal information being collected within the scope of our business relation with electronic data processing equipment. Personal Information will be treated as confidential.
§ 10 Applicable Law
For any and all disputes between VICIOUS BOUTIQUE and the Customer the Courts of Hamburg shall have the exclusive Jurisdiction, unless mandatory law provides otherwise. These General Terms and Conditions shall be governed by and construed in accordance with German law excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
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