These general terms and conditions apply to all orders consumers (§ 13 German Civil Code) placed in the following online shop: www.eyd-clothing.com. Seller and provider of this online shop is the company:
Humanitarian Clothing GmbH , Landhausstraße 241, DE 70188 Stuttgart
Nathalie Schaller, Local court Stuttgart HRB 759796
(hereinafter [eyd] humanitarian clothing) abgeben.
A Consumer is a person who purchases goods and services for personal use.
§ 2.1 Our offers are subject to confirmation and are non-binding. The presentations on our websites represent no legally binding offer. By clicking on the button “buy” you will issue a binding offer to conclude a purchase contract for the desired goods.
§ 2.2 We are entitled to accept your offer by sending a confirmation of the contract by email, as well as by carrying out the order within 14 days. The confirmation of receiving the order will be sent automatically and is no confirmation of the order.
All prices addressed to private persons are amounts including the value added tax. Shipping costs and insurance will be added. All prices addressed to business partners do not include value added tax. Tax, shipping costs and insurance will be added.
§ 4 The shipping costs depend on the chosen mode of dispatch, the target country and the content of your order. You can find all details about the offered dispatch modes with its conditions and costs at the product pages and in the checkout system.
§ 5.1 The delivery is carried out according to the chosen dispatch mode using the according mail-order firm.
§ 5.2 The lead time is, unless other information is given, about 3-5 days within Germany. Goods shipped from outside the Federal Republic of Germany and within Europe are normally delivered within 5-14 working days. For shipments to non-European countries, the lead time depends on the type of shipping and the location of the recipient. For shipments to destinations outside the European Union, import duties (customs duties) may apply. We accept no liability for any customs costs.
§ 5.3 We are entitled to conduct partial shipment at our expense if not all ordered products are in stock and as far as this does not affect any conflict of interests unreasonably.
§ 5.4 In case the delivery fails, even though the delivery service tried threetimes, we can withdraw from the contract. As the case may be any payments already made will be refunded.
§ 5.5 If you order a product we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you immediately and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid. The right to withdraw from the contract shall also apply in this case.
§ 6.1 The payment will be executed according the to chosen method of payment.
§ 6.2 When paying in advance, you will receive our bank details via e-mail. You have to transfer the invoiced amount within 10 days to our account. With payment in advance, the specified delivery time shall apply from receipt of payment in our account. If the amount due is not in our account within 10 days, we can withdraw from the contract. When paying by credit card or by direct debit debiting takes place when goods are shipped. When paying via „Sofortüberweisung“ or Paypal, debiting takes place when order is send by clicking the „buy“-button.
§ 6.3 In the event of delay in payment we charge interest on the purchase price at the rate of 5% points above the base interest rate. we shall reserve the right to prove higher damages due to the arrears and to enforce them.
§ 6.4 When paying by direct debit you have to pay back those costs as aresult of reversing a payment transaction due to lack of an account cover or due to wrong transmitted payment details.
The delivered goods shall remain in our ownership until full payment has been made. Before transition of ownership, pawning, transfer of ownership as securityon a debt, processing or redesign without our consent in advance is not allowed.
§ 8.1 Consumers have a 14-day cancellation right..
Only consumers have the following right of of revocation:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Humanitarian Clothing GmbH , Landhausstraße 241, DE 70188 Stuttgart, Phone 0711 - 420 803 28, Email email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 8.2 The right of cancellation does not apply to the delivery of goods,
§ 9.1 If goods with obvious transport damages are delivered, please immediately reclaim this by writing or calling us (Phone 0711 - 420 803 28).
§ 9.2 Missing a complaint or a contact approach has no consequences for your legal warranty laws. However you help us to be able to assert our own claims towards theforwarder, in fact transport insurance.
For the products offered in our online-store the statutory warranty regulations are applicable.
Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Instead of the ineffective term the legally terms are binding.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Humanitarian Clothing GmbH
DE 70188 Stuttgart
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on _________________ (*)/received on (*) _________________
Name of consumer(s) ___________________________________
Address of consumer(s)
Signature of consumer(s)
(only if this form is notified on paper) ____________________________
(*) Delete as appropriate.
Identity of the seller
Humanitarian Clothing GmbH
DE 70188 Stuttgart
Phone: 0711 - 420 803 28
Out-of-court dispute resolution to Art. 14 para. 1 of Regulation ODR
The European Commission provides a platform for online dispute resolution which you can find under https://ec.europa.eu/consumers/odr/.
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