SinWeaver alternative & exclusive fashion - Terms and Conditions
§1 Business Validity and Definition of Terms
(1) The following Terms and Conditions apply for all deliveries between us and the Consumer at the time of the order in a valid framework.
(2) The Consumer, in the sense of these terms of business, refers to every natural person, who concludes a legal transaction which cannot be considered part of that person’s commercial occupation or freelance occupation.
§2 Existence of a Valid Contract, Saving of the Contract Text
(1) The following rules over the completion of a Contract apply to all orders over our Internet Shop at http://www.sinweaver.com.
(2) In the case of a valid Contract, the Contract is with:
SinWeaver alternative & exclusive fashion
Proprietor: Mariya Andreeva
VAT NR: DE285496230
(3) The presentation of the Goods in our Internet Shop does not represent a legally binding offer from our side, but a non-binding request for the Consumer to order the Goods. On placing an order for the Goods, the Consumer enters into a binding offer culminating in a Purchase Contract.
(4) Following an Order placed in our Internet Shop, the following rule applies: the Consumer has entered a binding Purchase Offer by successful completion of the pre-determined order process in our Internet Shop.
The pre-determined order process is as follows:
1) Choice of the desired Goods
2) Confirmation of this choice through clicking on the button ‘in the Shopping Basket’
3) Checking of the contents of the Shopping Basket
4) Confirmation through clicking the button ‘to Cash’
5) Entry of the Consumer’s name, contact details and address
6) Choice of delivery method and also means of payment
7) Further confirmation, and eventual correction/amendment, of the respective Data supplied
8) Binding sending of the Order
The Consumer can exit the order process at any time prior to sending the binding Order through use of the ‘back’ button on their Internet browser, which will send them back to the Internet site and allow them to correct any previous data or break the Order process through closing the Internet browser. A valid Order placed with us will be confirmed by an automatically generated email (Confirmation of Order). From then on the Order is official and we will fulfil our obligations to supply the offer.
(5) Saving the Contract text of Orders placed through our Internet shop:
We will send you the Order details and our Terms and Conditions via email. The Terms and Conditions can be viewed here at any time. For technical reasons, however, your Order details are no longer available for viewing over the Internet.
§3 Prices, Delivery Costs, Payment and Maturity
(1) The prices given for the Goods include Sales Tax and all other price components. Delivery costs are not included however and will be added to the Order. We can provide confirmation of Sales Tax, included in the order receipt.
(2) The Consumer has the possibility to make the Payment by Advance Payment (transfer of funds) or by Cash on Delivery. Goods that are to be individually tailored or finished require a deposit of 50% of the end price, to be paid prior to the work commencing. In this case, a corresponding reference will be made in the article description, so that you are informed in advance.
(3) Should the Consumer choose Payment in Advance, they have entered into an obligation to make the payment promptly after the Contract completion. In the case that we deliver to Cash on Delivery, the maturity of the Payment requirement takes place with receipt of the Goods.
(1) So long as not otherwise clearly indicated in the product description, all Goods on offer from us are available for immediate delivery.
(2) Should the Consumer choose Payment in Advance, delivery will take place only after receipt of payment.
(3) Goods that are not immediately available for delivery, or Goods which are individually tailored or finished will be given an approximate delivery date. This date is an indication only and is not binding – we cannot guarantee delivery to this date.
(4) We will send the Goods ordered by you via DHL package post, which is also insured. For this service we use the following Delivery cost table:
Delivery within Germany
For Orders that total under 150 Euro:
- Delivery within Germany, paid in advance: 5.00 Euro
- Delivery within Germany, cash on delivery: 12.00 Euro
For Orders that total over 150 Euro, we will bear the cost of delivery.
Delivery within the EU:
- Delivery within the EU, paid in advance: 9.00 Euro
- Delivery within the EU, cash on delivery: 30.00 Euro
For Orders that total over 250 Euro, we will bear the cost of delivery.
§5 Reservation of Property Rights
We reserve the property rights to our Goods until full payment of the purchase price has been made.
§6 Statutory Right of Cancellation/Revocation
The consumer is hereby expressly informed that he has a statutory right of cancellation/revocation without having to provide a reason within 14 days of the contract. The cancellation/revocation must be provided in text form (e.g. by letter, fax or email), or – in the case that the goods have already been delivered prior to this time limit – by return of the goods. The time limit begins upon receipt of the written cancellation, however, not before the goods are received by the Recipient (upon recurring delivery of similar goods, this does not apply before the receipt of the first part-delivery) and also not before we have fulfilled our obligation to provide information under Article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB and also our duty as detailed in § 312g Abs. 1 Sentence 1 BGB in connection with Article 246 § 3 EGBGB (German Law). Your right is ensured if your written revocation and/or the return of the goods takes place during the above specified time limit.
The letter of cancellation/revocation is to be addressed to:
SinWeaver Underground Fashion
c/o Mariya Andreeva
Legal Consequences of Cancellation/Revocation:
In the case of an effective cancellation/revocation the mutually received benefits and the derived profit thereof (e.g. interest) are to be returned. In case you are unable to reimburse the entire service/goods received, or can only partially return the goods, or return the goods in a deteriorated condition, you will be obliged to pay compensation of equal value. Deterioration of the goods is not to be understood to apply if the state of the product is such as it would be in any shop after a legitimate inspection (trying on) of the goods by the buyer. If you handle the goods with care, there should not be any problem. Goods eligible for shipping through parcel post are returned at our risk. You must bear the regular costs of return shipment if the purchase price of the good/s to be returned does not exceed 40 Euro or, when in the case of a higher purchase price, if you have not provided a counter-performance or a contractually agreed part-payment at the time the order is revoked. In all other cases the cost of return shipment will be born by us. Goods not suitable for parcel shipment will be collected from the customer. All reimbursement obligations must be fulfilled within 30 days. This time period begins with the receipt of the written declaration of cancellation/revocation or of the goods by us.
Individually customised products are excluded from this rule (individually customised goods are not able to be returned) so long as no material defect applies. In the case of a valid material defect, we reserve the right to rectify this defect through a third party commissioned by us.
End of Statutory Right of Cancellation/Revocation
§7 Contractual Rules Regarding the Return Delivery Costs in the Case of Cancellation/Revocation
Should you exercise your right to Cancellation/Revocation, § 357 Abs. 2 BGB applies, in which the return delivery cost is to borne by you so long as the delivered Goods meet the Order and when the Price of the items to be returned do not exceed 40 Euro or, in the case of goods over 40 Euro, when you have not performed quid pro quo or any contractually agreed part payment at the time of revocation. In all other cases is the return delivery cost-free for you.
§8 Contract Language
German is the exclusive Contract language to be used in all cases.
Terms and Conditions as at November 2015