General terms and conditions of „wemade“
Scope of application
Signatory
Conclusion of contract
Prices
Shipments
Payment terms and cash on delivery costs
Set-off, right of retention and transferability of rights
Customer’s right of cancellation
The costs for the return after cancellation
Warranty rights
Liability
wemade´s right of cancellation
Data protection
Exclusion of liability for external links
Final clauses
- Last update June 09, 2010 -
Recital clause
1) With the trade name wemade I provide on the webpage’s http://www.greenteam-label.com and http://www.greenteam-label.de an online shop for commercial use under. 2) The offered products on the webpage’s are high quality and self designed textiles.
Article 1 [Scope of application]
1) All contracts, deliveries, offers, sales contracts and any other services of this online shop between wemade and the customers shall be governed by these general terms and conditions. 2) Consumers (according to paragraph 13 of the German Civil Code (BGB)) as well as companies (according to paragraph 14 of the German Civil Code (BGB)) are customers in terms of these general terms and conditions. 3) These general terms and conditions are exclusive binding upon both parties; opposing or from these general terms and conditions deviating terms and conditions are not admitted, unless these terms and conditions were explicitly consented by wemade. 4) These general terms and conditions are valid, even if wemade completes a unconditionally delivery and being aware of opposing or deviating terms and conditions. 5) These general terms and conditions are valid for consumers and companies as well, unless they are treated differently in one of the following conditions. 6) The concluded sales contracts are no trial purchase as long as this is not explicitly agreed by contract. 7) Wemade is able to change or to add these general terms and conditions at any time. 8) The substantial general terms and conditions for the contract is the version which is valid at the time of contract conclusion.
Article 2 [Signatory]
1) The signatory of the contracts is “wemade”, Mr. Niko Kochlowski-Kadjaia, Sonntagstraße 15, DE – 10245 Berlin, Germany. 2) The email address where you can reach me too is: info@greenteam-label.com.
Article 3 [Conclusion of contract]
1) The presentations of our products published in the Internet Shop are non-binding offers and constitute an invitation to the customer to submit a binding order. 2) The order of the customer is the binding offer, which wemade can accept within one week by sending an acknowledgement of the order or by dispatching the product. 3) Wemade points out that the confirmation of receipt of the customer’s order is not a confirmation of the order in the before described term. 4) Wemade’s previously made offers are non-binding. 5) The general information and details in the product specification are approximated values which are usual within the trade. 6) Technical changes and differences regarding the shape, color and/or weight of the product are possible in a reasonable manner. 7) The illustrations or drawings in the brochures, advertisements and other documents are only approximately representative as long as wemade has not explicitly indicated the details as binding (for example some colors cannot be realistically digitized and displayed). 8) The order is basically limited to household’s usual quantities.
Article 4 [Prices]
(1) General
1) The prices of the products shall be understood in Euro per piece. 2) The offered price is binding. 3) The list price at the ordering time shall be prevailed. 4) The prices are principle the one that are listed in the shopping cart system at the time the customers are making the offer. 5) Derivating price information which may be displayed at the online shop’s webpage or are loaded out of the cache (for example browser-cache, proxy-server) are not binding. 6) The period of validity of the prices in the catalogs, advertisements or flyers lasts only till the publication of the next catalogs, advertisements or flyers. 7) Sales events are only valid for the declared period of time. 8) The prices shall be understood without the value added tax (sales tax), exclusive packing, exclusive shipment and exclusive additional cash on delivery costs. 9) If the value added tax accrues, it will be declared on the last ordering page at the latest. 10) In case that further costs are necessary (for example customs duties) they are not included in the prices, but will be separately declared also on the last ordering page at the latest.
(2) Costs for shipment
1) The flat shipping charges for deliveries in inland (within Germany) depending on the order value are scaled in the following way:
- 3,90 EUR for an order value till 59,80 EUR per order,
- 8,50 EUR for an order value from 59,80 EUR till 129,80 EUR per order and
- for an order with a value from 129,80 EUR up greenteam-label delivers without shipments costs.
2) For shipments to other European countries or to Switzerland are the following scales of the flat shipping charges valid:
- 9,90 EUR for an order value till 59,80 EUR per order and
- 18,90 EUR for an order value from 59,80 EUR up.
3) For deliveries into non European countries excluding Switzerland (third country) are following scales of the flat shipping charges valid:
- 17,90 EUR for an order with an order value till 59,80 EUR and
- 31,90 EUR for an order value from 59,80 EUR up.
Article 5 [Shipments]
1) In case the customer chooses the payment in advance or the payment per paypal the delivery of the ordered products to the mail-order company takes place within 1-2 working days after wemade received the payment. 2) In case of cash on delivery the hand-off to the mail-order company takes place within 1-2 working days after the acknowledgement of the order. 3) The inland shipment takes places within 3-5 working days after the hand-off to the mail-order company. 4) But the time specification shall be only understood as anticipated delivery time, unless the time specification was explicitly agreed as binding between the customer and wemade. 5) If it is reasonable for the customers wemade is able to do partial deliveries or partial performances, whereby the partial shipment can only take place after further agreement with the customer because additional shipment costs could occur.
Article 6 [Payment terms and cash on delivery costs]
1) The total price shall be due without any cash discount deduction with the receipt of the invoice. 2) PayPal, cash in advance or cash on delivery are basically possible method of payments for the customers. 3) But significant is only the specification on the offering page, by what wemade is able to exclude several methods of payments. 4) In case of the method cash on delivery the invoice amount shall be directly given to the carrier when he delivers the order. 5) If the customer chooses the method cash on delivery the invoice amount will rise about 6,00 EUR for additional shipment costs. 6) The payment method cash on delivery is excluded for shipments outside of Germany.
Article 7 [Set-off, right of retention and transferability of rights]
1) Insofar as the customer’s counter claims have not been accepted by wemade, are unquestionable or are not validly established the set-off of is excluded. 2) The customers are allowed to use their right of retention, if their counter claim relay on the same contractual relationship. 3) The customer is only entitled to transfer the rights and duties of this contract to a third person, when wemade agrees with a previous permission in written form.
Article 8 [Customer’s right of cancellation]
Cancellation policy instruction
(1) Right of cancellation
1) In case that the customer is a consumer he may cancel his contract within two weeks in writing (e.g., letter, fax, email) without having to state any reasons or, in the case of goods, by returning the items within the cancellation period. 2) The cancellation period shall commence on the day following the day on which the customer receives these instructions in writing; in the case of goods, however, not before he receives the items (in the case of recurring delivery of similar goods not prior to receipt of the first partial delivery) and nor prior to satisfaction of the duty to supply information under s. 312c para. 2 BGB in connection with s. 1 para. 1, 2 and 4 BGB-InfoV and obligations under s. 312e para. 1 cl. 1 BGB in connection with s. 3 BGB-InfoV. 3) Sending the declaration of cancellation or returning the goods in a timely manner within the cancellation period shall be deemed compliant with the cancellation period. 4) Such declaration of cancellation shall be directed to:
WEMADE.
Herr Niko Kochlowski-Kadjaia
Sonntagstraße 15, DE – 10245 Berlin
Email: info@greenteam-label.com
(2) Consequences of cancellation
1) In the event of an effective cancellation, the services already received by either party shall be returned as well as any benefit already drawn therefrom (e.g., interest payments). 2) If services received cannot be returned in full or in part or only in a deteriorated condition, the respective party shall reimburse the other party for the value of such services instead. 3) In the case of goods this shall not apply if the deterioration in the condition of the items is solely based on an inspection thereof — as would have been possible in a shop, for example. 4) Other than that, the customer can avoid the mandatory reimbursement for value for deterioration caused by utilization in accordance with the provisions by not treating the item as his property and refraining from doing anything that would reduce its value. 5) Items ready for parcel post shipment shall be returned. 6) The costs for the return shall be borne by the customer if the goods supplied match the order placed by the customer and if the price of the goods to be returned does not exceed an amount of EUR 40 or, in the case of a higher price of the goods at the time of the cancellations, the consideration or a partial payment as agreed by contract was not yet provided. 7) Otherwise the return will be free of charge for the customer. 8) Obligations to refund payments shall be satisfied within 30 days. 9) This period begins for the customer on the day the declaration of cancellation or the goods are sent, for greenteam-label on the day of its receipt.
(3) Exclusion of cancellation
The above right of cancellation shall not apply to distance contracts concerning the delivery of goods that are manufactured according to customer specifications or that are clearly customized to meet the customer’s personal needs.
End of cancellation policy instructions
Article 9 [The costs for the return after cancellation]
When the delivered product are equals to the products the customer ordered and when the price of the product that has to be returned does not exceed an amount of 40 Euro or in case of a higher price the consideration or a contractual agreed partial payment was not provided at the time of the cancellations, the customer who used his right of cancellation has to bear the cost for the return accordingly to the statutory provisions according to sec. 357 para.2 cl.3 German Civil Code (BGB).
Article 10 [Warranty rights]
(1)
1) If the following rules does not contain constrictions the warranty rights for defective delivered products shall be ruled by the statutory provisions. 2) The consumer has to notify wemade about obvious deficiencies within two weeks after the appearance of the deficiency in simple text without signature. 3) By sending the notification of deficiency in a timely manner within the two weeks period shall be deemed compliant with the obvious deficiency period. 4) If the notification does not occur within the before declared period, the warranty rights expire when they relate to the obvious deficiency. 5) That does not apply when wemade had fraudulent concealed the deficiency or had given a guaranty for the characteristics of the object.
(2)
1) Wemade does not give a legal guaranty. 2) The customer has to be aware, that he has to obey the washing instructions, which are declared by the product’s labels, because wemade will not incur the wrongly washed damages.
Article 11 [Liability]
(1)
1) Wemade’s liability for breach of contractual obligations as well as tort liability is limited to deliberate intention and gross negligence. 2) But this limitation of liability does not apply to injuries of the customer’s life, body and health, claims because of breaching fundamental contractual obligations (cardinal obligation) and the replacement of damages caused by delay (sec. 286 German civil code). 3) The liability in case of breaching fundamental contractual obligations is limited to the fore-seeable and contract-typical damage if there is no deliberate intention or gross negligence. 4) The regulations of the Product Liability Act will remain unaffected.
(2)
The exclusion of liability that was mentioned before is also valid for slight negligence of any employees, substitutes and auxiliary persons of greenteam-label.
Article 12 [wemade’s right of cancellation]
1) Wemade is able to withdraw from the contract, if longer-terms cases of act of God (e.g. business disruptions, wars, strike, official directives or lacks of raw materials) leading to delivery and performance delay occur, which are not temporarily and are not within wemade’s responsibility. 2) Wemade is also able to withdraw from the contract, if the pre-supplier with whom wemade concluded a contract to cover the customer’s order (hedging transaction) does not delivers the ordered products whereby it leads to an impediment to performance outside of wemade’s responsibility. 3) Of course wemade commits for the before mentioned cases to inform the customers immediately about these faultinesses and will immediate refund the customer’s considerations.
Article 13 [Data protection]
(1)
1) Wemade is authorized to collect, to save and to use necessary personal data of the customers within the scope of the business relations. 2) The personal data submitted to wemade are only used to fulfill the customer’s individual order. 3) All customer data are saved and used by consideration of the appropriate rules of the German Data Protection Act (BDSG) and the Tele Service Data Protection Act (TDDSG).
(2)
1) Wemade will hand out customer’s personal data including the address and the e-mail address only to their service partners, who needs these data to fulfill the order (e.g. the assigned delivery companies). 2) Credit card data as far as they are necessarily collected will not be saved from wemade, it will only be collected and used by the payment service provider. 3) It should be noted, that it will be taken care that only a minimum of the necessary data will be submitted. 4) There will be no submission of any data to a third party.
(3)
In case of questions to the collection, processing or use of the customer’s personal data, information, corrections, blocking or deletion of data the customers can write an email to info@greenteam-label.com or send their request by mail.
Article 14 [Exclusion of liability for external links]
1) In case wemade refers on his page with hyperlinks to other external web pages, following rules are valid: Wemade explicitly declares that they have no influence on the layout or content of the linked pages. 2) Therefore, wemade expressly dissociates itself from all contents of all linked pages of third parties. 3) This declaration applies for all displayed links and for all contents of pages to which the links lead.
Article 15 [Final clauses]
(1) Court of jurisdiction
Exclusive jurisdiction for any and all disputes arising from this contract or contractual relationship shall rest with the competent court for such matters in the city in which wemade’s office is located, if the customer is a consumer and his place of general jurisdiction is not in Germany or in an other European Country.
(2) Applicable law
Under exclusion of the United Nations Convention on the International Sales of Goods (CISG) the German law shall be prevailing.
(3) Severability clause
1) In the case that one or more provisions should be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. 2) The invalid or unenforceable provision shall be deemed to be replaced through the appropriate legally provision.
(4) Supplier identification
WEMADE.
Owner: Herr Niko Kochlowski-Kadjaia
Sonntagstraße 15, DE – 10245 Berlin, Germany
Tax number: 14/388/61076
Small-scale-trader in terms of sec. 19 of the German Value Added Tax Act (UStG)
Mobil-phone-Service hotline +49 (0)151 52 39 44 79
(Monday till Friday: from 14:00 till 18:00 o’clock – based on the Central European Time (CET))
Email: info@greenteam-label.com
Stand: June 2010
