GENERAL TERMS AND CONDITIONS

 

 1 Scope And Provider

(1) These general terms and conditions apply to all orders that you place with the online shop of

Esther Perbandt, Almstadtstrasse 3, 10119 Berlin. Managing Director: Esther Perbandt

to do so.

(2) The goods offered in our online shop are exclusively aimed at buyers who have reached the age of 18 years. 

(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.  

(4) The contract language is exclusively German and English. 

(5) You can call up and print out the currently valid General Terms and Conditions of Business on the www.estherperbandt.com website. 

 

2 Conclusion Of Contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop. 

(2) By clicking the button "BUY NOW" you submit a binding purchase offer (§ 145 BGB).

(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not constitute an acceptance of your purchase offer. A contract does not come off by the confirmation of receipt yet.

(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you - without prior express declaration of acceptance.

 

 3 Prices

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs. Further information on shipping costs can be found on our website.

 

 4 Terms of Payment; Default

  • Payment shall be made optionally:

Credit card, Paypal 

 

(2) We shall be responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. advance payment only to cover our credit risk.

 

(3) When selecting the payment method prepayment, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receipt of the order confirmation (currently not available).

 

(4) In the case of payment by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.

 

(5) If you pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.

 

(6) If you pay by direct debit, you may have to bear the costs incurred as a result of a reverse posting of a payment transaction due to lack of account coverage or due to incorrect bank account data transmitted by you (currently not available).

 

(7)In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

  • Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here:  Germany and Austria,
  •  Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria and Germany.
  • Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
  • Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service ​or in case of a subscription in accordance with the timelines communicate​d. You will be notified about the date(s) by email.
  • Card Payments: Available in Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
  • [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS AND MARKETS USED]

The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

(8) If you fall into arrears with a payment, you are obliged to pay the statutory default interest at a rate of 5 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.

 

5 Set-off / right of retention

(1) You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close synallagmatic relationship to our claim. 

(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

 

6 Delivery; retention of title

(1) Unless otherwise agreed, the goods shall be delivered from our warehouse to the address indicated by you.

 

(2) Orders are only possible in EU countries and the USA. A delivery takes place only in household usual quantities.

 

(3) The goods remain our property until the purchase price has been paid in full.

 

(4) As an exception, we shall not be obliged to deliver the ordered goods if we have duly ordered the goods on our part but have not received them correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the unavailability of the goods and have informed you of this circumstance without delay. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will reimburse you immediately for any payments already made. We do not assume the risk of having to procure the ordered goods (procurement risk). This also applies to orders for goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.

 

7 Cancellation Policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.   

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you took possession of the goods. 

In order to exercise your right of withdrawal, you must contact us at

 

Company: Esther Perbandt

Address: Almstadtstrasse 3, 10119 Berlin, Germany

E-mail: mail@estherperbandt.com

Phone: +49 (030) 88 53 67 91

 

inform you by means of a clear statement (e.g. a letter, telephone or e-mail sent by post) of your decision to revoke this Agreement. You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.  

Consequences of the revocation:

If you revoke this Agreement, we shall refund to you all payments we have received from you, excluding delivery charges, immediately and no later than thirty days from the date we received notice of your revocation of this Agreement. For this refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund.

We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. The return shipment must be returned or handed over to us in the original packaging. The return note enclosed with the consignment must state which article in which quantity and variant is returned or handed over to us. 

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. 

Sample withdrawal form

If you want to cancel the contract, please fill out this form and send it back.

 

__________________________________________________

 

 Company: Esther Perbandt

 

Address: Almstadtstraße 3, 10119 Berlin

 

E-mail: mail@estherperbandt.com

 

Telephone: +49 (030) 88 53 67 91

 

 

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):

 

 

Ordered on (*) / received on (*)

 

 

Name of the consumer (s):

 

 

Address of the consumer (s):

 

 

 

 

Signature of the consumer (s) (only when notified on paper)

 

 

Date:

 

(*) Delete as applicable.

__________________________________________________

 

End of revocation

 

  • The right of revocation does not exist

 

- where goods are supplied which are not prefabricated and the manufacture of which is determined by the consumer's individual choice or destination or which are clearly tailored to the consumer's personal needs (e.g. T-shirts with your photo and your name), or 

  • in the case of the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery.

(2) Please avoid damage and contamination. If possible, please return the goods to us in their original packaging with all accessories and packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.

(3) Before returning the goods, please call us at the above telephone number to announce the return. In this way you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.

 

8 Transportation Damage 

(1) If goods with obvious transport damage are delivered, please complain such errors immediately to the deliverer and contact us as soon as possible.

(2) The omission of a complaint or establishment of contact has no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

 

9 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the German Sales Act (§§ 433 et seq. BGB).

(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used items - deviating from the statutory provisions - is one year. This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and the compliance with which the contractual partner may regularly rely on (cardinal obligation), as well as to claims based on other damage resulting from an intentional or grossly negligent breach of duty by the user or his vicarious agents. 

(3) Otherwise, the statutory provisions shall apply to the warranty.

 

10 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.  

(2) Otherwise, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.

 

11 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be found under the external link http://ec.europa.eu/consumers/odr/erreichbar.

We seek to settle any dissensions arising from our contract by mutual agreement. In addition, we are not obliged to participate in any arbitration process and unfortunately cannot offer you participation in such procedure.

 

12 Final Clause

(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.

(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention"). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.

(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

Status: September 2018