§ 1 Applicability and supplier
§ 2 Conclusion of contract
§ 3 Pricing
§ 4 Shipping charges
§ 5 Delivery terms and reservation of self-delivery
§ 6 Payment terms
§ 7 Retention of title
§ 8 Cancellation policy
§ 9 Return policy in addition to the legal right to cancel
§ 10 Warranty
§ 11 Liability
§ 12 Final provisions
§ 1 Applicability and supplier
1.1 These General Terms and Conditions apply to all purchase orders placed by consumers (§ 13 BGB) via the online shop of DefShop KG, Zerpenschleuser Ring 30, 13439 Berlin.
1.2 DefShop is a verified online shop and has submitted itself to the Trusted Shops code of conduct (available at www.trustedshops.de).
§ 2 Conclusion of contract
2.1 Product presentations within the online shop serve the purpose of submitting an offer to purchase.When clicking the button [Confirm now] you submit a binding offer to purchase.Our products are only sold for private use in common household quantities.
2.2 We may accept your order by sending a separate order confirmation by e-mail or by delivering the goods within five business days.The receipt of your order is confirmed with an automated e-mail immediately after the order is submitted and does not yet represent the acceptance of a contract.
2.3 In the event our order confirmation contains clerical errors or misprints or there are technical transmission errors in determining the price we are entitled to appeal.Payments already made will promptly be reimbursed.
§ 3 Pricing
Prices specified in the product pages include statutory sales tax and other price components.
§ 4 Shipping charges
4.1 For shipments within Germany we charge a flat fee of 4.65 EUR per order.The COD fee is 8.65 EUR.For charges for international shipments please refer to “Delivery conditions” in our shop.
4.2 COD deliveries within Germany are further subject to a fee of 2.00 EUR, collected by the delivery agent on site.There are no additional taxes or costs.
4.3 International shipments outside the EU are also subject to duties, taxes and fees.Information about duties for shipments to countries outside the EU is for example available under the following link:
http://ec.europa.eu/taxation_customs/customs/customs_duties/tariff_aspects/customs_tariff/index_en.htm
Information about turnover tax on imports for shipments to countries outside the EU is for example available under the following link:
http://auskunft.ezt-online.de/ezto/Welcome.do
Information specifically for Switzerland is for example available at:
http://xtares.admin.ch/tares/login/loginFormFiller.do;jsessionid=RYyPPxGFDVhTVDkDSKJMFnTZhX1lpP7mh
Dl2fyRmnj2VRDZvptYn!-649547224?l=en
§ 5 Delivery terms and reservation of self-delivery
5.1 Only shipments within Germany are sent by DHL.For international shipments the parcel is turned over to the appropriate mail-order establishment of the respective country.
5.2 In the event not all products ordered are in stock we are entitled to partial shipment at our expense.
5.3 If the goods cannot be delivered after three delivery attempts we are entitled to withdraw from the contract.Any payments made will promptly be reimbursed.
5.4 If the product ordered is not available due to the supplier’s failure to deliver without our doing, we are entitled to withdraw from the contract.In this case we will promptly inform you and, if applicable, suggest a comparable substitute product.If no comparable product is available or you do not wish to receive a comparable product we will return any services already rendered by you.
§ 6 Payment terms
6.1 Payment may be made, at your discretion, by cash in advance, on account, COD, credit card, sofort banking, PayPal or Skrill.
6.2 When selecting cash in advance we will include our banking information in the order confirmation.The invoice amount must then be transferred to our account within 14 days.When paying by credit card your account will be charged when the order is completed.For information about all other payment methods please see item 2.1 of our info page (http://en.def-shop.com/sc_customer_center/index.php?coID=8&t=18).
6.3 Payment on account:In cooperation with Klarna we also offer the payment option On Account.When paying by Klarna you never need to specify your account information and you only pay once you have received your goods.You will only be entitled to offset if your counter claims have been determined without further legal recourse by a court of law or are undisputed or have been acknowledged by us in writing.You may only exercise the right to retention if the claims result from the same contractual relationship.When paying by Klarna Account the delivery address must be the same as the billing address.We apologise for any inconvenience.When making a purchase on account with Klarna you will always first receive the goods and have a payment period of 14.For more information and the full Klarna terms and conditions for payment on account visit: https://online.klarna.com/villkor_de.yaws?eid=8552&charge=4%20Prozent%2.
The full Klarna terms and conditions for instalment payments are available for download at (http://www.klarna.se/pdf/Vertragsbedingungen.pdf).
Klarna verifies and assesses data provided by consumers and when warranted exchanges data with other companies and credit reporting agencies (credit check).If the consumer has a poor credit rating Klarna AB may then refuse customers its payment methods and will need to suggest other payment options.Your personal information is handled in accordance with the data protection act and will not be disclosed to third parties for advertising purposes.Learn more about the Klarna data protection regulations here. (http://klarna.com/pdf/Datenschutz_DE.pdf)
For more information about Klarna visit www.klarna.de
Klarna AB, organisation number:556737-0431
§ 7 Retention of title
Good remain our property until paid in full.Prior to the transfer of ownership any pledging, chattel mortgage, processing or transforming is not permitted without our approval.
§ 8 Cancellation policy
Right to cancel
You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without justification or, if the item is delivered prior to expiration of this deadline, by returning the item.This term begins upon receiving this notice in text but not prior to the goods being delivered to the recipient, nor prior to us meeting our duties to inform pursuant to Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 of the Introductory Act to the German Civil Code and our duties pursuant to § 312g Paragraph 1 Clause 1 German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code.Timely sending of the cancellation or the item will suffice in protecting the cancellation period.
Please submit your cancellation to:
DefShop KG
Zerpenschleuser Ring 30
13439 Berlin
Germany
Fax:+49(0) 4099 8240-1 (local rate)
E-mail: info@def-shop.com
Consequences of cancellation
In the event of effective cancellation both parties shall return any services received and any benefits (e.g. interest).In the event you are unable to return or surrender the service received and its benefit (e.g. amenity and advantage of use) in whole or in part or only deteriorated you may be obligated to compensate for lost value.You are only obligated to compensate for lost value for the deterioration of the product if the deterioration can be traced back to handling the product beyond merely verifying the features and functionality.“Verifying features and functionality" means testing and trying the respective item as would be possible and customary in a retail store.
Return items suitable for parcel post at our risk.The regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you.Items not suitable for parcel post will be picked up from your location.Obligations to reimburse payments must be satisfied within 30 days.For you this term begins at the time the cancellation notice or the product is sent, for us with receipt of such.
Financing
If you are financing this agreement with a loan and later cancel it, you are also no longer bound to the loan agreement provided the two agreements form an economic whole.This can particularly be assumed if we are also your lender or if your lender uses our assistance with respect to financing.If we have already accrued the loan at the time the cancellation becomes effective or the item is received, with respect to the relationship with you, your lender will assume our rights and obligations from the financed agreement with respect to legal consequences of the cancellation or the return.The latter does not apply if the object of this agreement is the purchase of financial instruments (e.g. bonds, foreign currencies or derivatives).
To avoid a contractual obligation as much as possible, assert your right to cancel and also cancel the loan agreement, provided you are entitled to cancellation thereof.
Exceptions for cancellations
The right to cancel does not apply to distance selling contracts
- for the delivery of goods made to customer specifications
or
- clearly tailored to personal needs
or
- which are not suitable for return shipment based on their properties
or
- could easily spoil or which are past their expiration date
or
- for the delivery of audio or video recordings or for software if the seal on the data medium delivered was broken by the consumer
or
- for the delivery of newspapers, periodicals and magazines unless the consumer submitted his contractual declaration by telephone.
End of cancellation notice
8.1 Without limiting your right to cancel, please
- avoid damages or dirt, do not wash the item or remove labels, and if possible return the item in its original packaging including all accessories and all packaging contents.If necessary, please use protective over packaging (especially shoes should also be sent inside packing in addition to the shoe box).If you no longer have the original packaging please use suitable packaging to adequately protect the item from transport damage.
- please return the product to us in a parcel with postage or with our return label/parcel stamp and keep the shipping receipt.
- before return an item please call us at +49(0)30-409 982 41 to notify us of the return.This allows us to assign the products in the fastest possible way.
8.2 When making use of your legal right to cancel (see cancellation notice) the regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you.
§ 9 Return policy in addition to the legal right to cancel
9.1 In addition to the legal right to cancel we also have a 30 day return policy
9.2 You may exercise the right to return by returning the product received without justification within 30 days.Only items not suitable for parcel post (e.g. bulky goods) can also be asserted by written request for return.The grace period starts at the time goods are received.
9.3 Timely sending of the item or the goods return will suffice in protecting this term.
9.4 Return items suitable for parcel post at our risk.The regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you.Items not suitable for parcel post will be picked up from your location.
9.5 Send your return shipment or request for return to:
DefShop KG
Zerpenschleuser Ring 30
13439 Berlin
Germany
Fax:+49(0) 4099 8240-1 (local rate)
E-mail: info@def-shop.com
9.6 In the event of effective return both parties shall return any services received and any benefits thereof.In the event the item is deteriorated and for use (e.g. amenity and advantage of use) which cannot be returned in whole or in part or only
deteriorated you may be obligated to compensate for
lost value.
9.7 Obligations to reimburse payments must be satisfied within 30 days.For you this term begins at the time the product or the request for return is sent, for us with receipt of such.
9.8 In order to be able to assert your right to return you should avoid damages or dirt, do not wash the item or remove labels, and if possible return the item in its original packaging including all accessories and all packaging contents.We will otherwise be entitled to assert a depreciation in value or reject the return.
9.9 Please use protective over packaging (especially shoes should also be sent inside packing in addition to the shoe box).
9.10 Please return the product to us in a parcel with postage or with our return label/parcel stamp and keep the shipping receipt., as we will otherwise need to deduct any added costs from the reimbursement amount.Please keep the shipping receipt.
9.11 before return an item please call us at +49(0)30-409 982 41 to notify us of the return.This allows us to assign the products in the fastest possible way.
9.12 At any rate, the legal right to cancel remains untouched of the above stipulations (ciphers 9.1 – 9.11).
§ 10 Warranty
Warranty is granted according to the law.
§ 11 Liability
11.1 We assume no liability for slightly negligent breaches of duty provided this does not pertain to essential contractual obligations, damages from injury to life, body or health, or warranties, or concern claims according to the Product Liability Law.Essential contractual obligations are those which actually allow the proper execution of the contract and the satisfaction of which you can rely on.
11.2 The same applies to breaches of duty of agents and legal representatives.
§ 12 Final provision
12.1 These General Terms of Use thoroughly and conclusively govern the contractual relationship.Amendments and addendums must be made in writing to be effective.This also applies to waiving the clause for written form.
12.2 In the event one of the stipulations of these General Terms and Conditions are invalid the contract remainder of the agreement remains effective.The invalid stipulations shall be replaced by the respective laws.
12.3 Subject to the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
12.4 This contract may be concluded in German or in English.
12.5 If you are an entrepreneur or have no general place of jurisdiction in Germany or another EU member state or have moved your residence abroad after these General Terms of Use became effective or your residence or usual residence is unknown at time action is filed, the sole place of jurisdiction is the offices of Defshop.
§ 8 Cancellation policy
Right to cancel
You may cancel your contractual declaration in writing (e.g. letter, fax, e-mail) within 14 days without justification or, if the item is delivered prior to expiration of this deadline, by returning the item.This term begins upon receiving this notice in text but not prior to the goods being delivered to the recipient, nor prior to us meeting our duties to inform pursuant to Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 of the Introductory Act to the German Civil Code and our duties pursuant to § 312g Paragraph 1 Clause 1 German Civil Code in conjunction with Article 246 § 3 of the Introductory Act to the German Civil Code.Timely sending of the cancellation or the item will suffice in protecting the cancellation period.
Please submit your cancellation to:
DefShop KG
Zerpenschleuser Ring 30
13439 Berlin
Germany
Fax:+49(0) 4099 8240-1 (local rate)
E-mail: info@def-shop.com
Consequences of cancellation
In the event of effective cancellation both parties shall return any services received and any benefits (e.g. interest).In the event you are unable to return or surrender the service received and its benefit (e.g. amenity and advantage of use) in whole or in part or only deteriorated you may be obligated to compensate for lost value.You are only obligated to compensate for lost value for the deterioration of the product if the deterioration can be traced back to handling the product beyond merely verifying the features and functionality.“Verifying features and functionality" means testing and trying the respective item as would be possible and customary in a retail store.
Return items suitable for parcel post at our risk.The regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you.Items not suitable for parcel post will be picked up from your location.Obligations to reimburse payments must be satisfied within 30 days.For you this term begins at the time the cancellation notice or the product is sent, for us with receipt of such.
Financing
If you are financing this agreement with a loan and later cancel it, you are also no longer bound to the loan agreement provided the two agreements form an economic whole.This can particularly be assumed if we are also your lender or if your lender uses our assistance with respect to financing.If we have already accrued the loan at the time the cancellation becomes effective or the item is received, with respect to the relationship with you, your lender will assume our rights and obligations from the financed agreement with respect to legal consequences of the cancellation or the return.The latter does not apply if the object of this agreement is the purchase of financial instruments (e.g. bonds, foreign currencies or derivatives).
To avoid a contractual obligation as much as possible, assert your right to cancel and also cancel the loan agreement, provided you are entitled to cancellation thereof.
Exceptions for cancellations
The right to cancel does not apply to distance selling contracts
- for the delivery of goods made to customer specifications
or
- clearly tailored to personal needs
or
- which are not suitable for return shipment based on their properties
or
- could easily spoil or which are past their expiration date
or
- for the delivery of audio or video recordings or for software if the seal on the data medium delivered was broken by the consumer
or
- for the delivery of newspapers, periodicals and magazines unless the consumer submitted his contractual declaration by telephone.
End of cancellation notice
8.1 Without limiting your right to cancel, please
- avoid damages or dirt, do not wash the item or remove labels, and if possible return the item in its original packaging including all accessories and all packaging contents.If necessary, please use protective over packaging (especially shoes should also be sent inside packing in addition to the shoe box).If you no longer have the original packaging please use suitable packaging to adequately protect the item from transport damage.
- please return the product to us in a parcel with postage or with our return label/parcel stamp and keep the shipping receipt.
- before return an item please call us at +49(0)30-409 982 41 to notify us of the return.This allows us to assign the products in the fastest possible way.
8.2 When making use of your legal right to cancel (see cancellation notice) the regular costs of return shipment are payable by you if the item delivered corresponds with the item ordered and if the price of the item to be returned does not exceed the amount of 40 € or, for a higher priced item, if at the time of cancellation you had not yet rendered the service in return or an agreed partial payment.All other return shipments are free of charge to you.
