TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS
(Version: September 2014)
SECTION 1: SCOPE AND OFFERER
(1) These General Terms and Conditions apply to all orders placed within Europe by you via the online shop of 14 oz. GmbH, CEO: Karl-Heinz Müller, Münzstr. 21, D 10178 Berlin, Germany.
(2) Our online shop offers are exclusively addressed to buyers over the age of 18.
(3) Our deliveries, services and offers are made on the exclusive basis of these General Terms and Conditions. The General Terms and Conditions also apply to any and all future business relations even where these have not been expressly agreed. Any conditions provided by the customer that deviate from our General Terms and Conditions are not binding on us.
(4) The exclusive contract language is German.
(5) At any time the current version of the General Terms and Conditions is available on the website www.14oz.com for download and printing.
SECTION 2: CONCLUSION OF CONTRACT/THE USER ACCOUNT
(1) The presentation of goods via the online shop does not constitute a binding proposal or offer of services. It is a non-binding invitation to make an offer to buy goods in the online shop.
(2) By pressing the button ‘Buy’ you make a binding purchase offer (Section 145 of the German Civil Code – BGB).
(3) After the purchase offer is made, you receive an automatically generated email in which we confirm receipt of your order (acknowledgement of receipt). This acknowledgement of receipt does not constitute our acceptance of your purchase offer. A contract is not concluded upon generation of the acknowledgement of receipt.
(4) A purchase contract for the goods is concluded only upon acceptance of the order in the form of an express confirmation (confirmation of dispatch) or when we – without prior express acceptance – dispatch the goods to you (Section 151 of the German Civil Code – BGB). The term of acceptance, within which we are able to accept your purchase offer, is a maximum of five week days. This is necessary in order to check whether the goods are still in stock or whether in the interim the goods were perhaps sold in one of our shops. If we do not accept your purchase offer within this term, you are no longer bound to the offer.
(5) You may wish to set up a user account with us. In setting up a user account, you establish a user contract between yourself and us. A user account can be set up only if a current email address is provided. This email address will also be your channel of communication with us. On registering you are obliged to supply all required data truthfully and in full. The use of pseudonyms is not permitted. If your data changes during your membership, you have a duty to amend your user account accordingly without delay.
(6) On completion of the registration of your user account you will receive a confirmation email and password-protected direct access (login details). You may not pass the login details on to third parties and you are obliged to maintain confidentiality with respect to the login details and ensure that unauthorised persons cannot obtain them. You are obliged to inform us without delay if there are reasons to believe that your login details have been misused by a third party.
(7) Users have the right to one user account only.
(8) We reserve the right to cancel user accounts that have been inactive for six months or where users cannot be reached via the email address provided.
SECTION 3: PRICES
Prices indicated on the product pages are inclusive of statutory VAT and other price components but exclude shipping costs.
SECTION 4: PAYMENT CONDITIONS; DEFAULT
(1) Payment may be by credit card or PayPal.
(2) For payments by credit card, the payable amount is reserved on your card at the time of your order (authorisation). Your credit card account will be charged when we confirm the purchase to you or dispatch the goods to you.
(3) If you default on a payment, you are obliged to pay the statutory default surcharge rate of 5 per cent above the base interest rate. For each reminder sent to you after commencement of a default, you will be charged at least one reminder fee of 5 euro, unless you can provide documentation justifying a lower charge.
SECTION 5: OFFSETTING; RIGHT OF RETENTION
(1) The right to offset is given only if your counter claim has been legally established or is not disputed by us.
(2) You can assert the right of retention only if your counter claim is based on the same contractual relation.
(3) Your statutory guarantee rights are not affected.
SECTION 6: DELIVERY; RETENTION OF TITLE
(1) Unless otherwise agreed, delivery of the goods is from our warehouse to the address provided by you. If not mentioned differently, your shipment will be dispatched within 6 days. The time-limit for delivery starts the day after the conclusion of the contract. If the last day of the time-limit is a Sunday or an official holiday at the place of delivery, the time-limit will end on the following day.
(2) We retain title of ownership until the purchase price has been paid in full.
(3) If you are an entrepreneur in the sense of Section 14 of the German Civil Code (BGB), the following applies:
•We retain title of ownership of the goods until all claims of the business relationship have been equalised. Before the delivery of the reserved goods, the buyer may not mortgage or transfer the ownership of the goods.
•You may sell on the goods in the normal course of business. In such case, you hereby assign to us all claims against your customers arising from the resale. We accept the assignment; you are however authorised to collect the assigned claims. If you do not properly meet your payment obligations we reserve the right to collect the claims ourselves.
•In the case of combining and mixing of reserved goods, we acquire co-ownership in the proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
•We undertake to release the securities due to us on request to the extent that the realisable value of the securities exceeds that of the secured claims by more than 10 per cent. We are responsible for selecting the securities to be released.
SECTION 7: WITHDRAWAL POLICY AND WITHDRAWAL FORM
If you are a consumer in the sense of Section 13 of the German Civil Code (BGB) and have made the purchase for reasons that are mostly not connected with your commercial or independent business activity, you have the right of withdrawal in accordance with the following provisions.
(1) Right of withdrawal
You have the right of withdrawal within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party appointed by you who is not the carrier, take delivery of the goods.
In order to exercise your right of withdrawal, you must notify us at
14 oz. GmbH Münzstr. 21, D 10178 Berlin, Germany Email: firstname.lastname@example.org Tel.: (+49) 30 400 44 214 Fax: (+49) 30 400 44270
by means of a clear declaration (e.g., a letter, fax or email) of your decision to withdraw from this contract. You may use the attached withdrawal form template, but this is not obligatory.
To observe the withdrawal period it is sufficient that you send your notification of exercising the right of withdrawal before expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we must refund all payments that we have received from you excluding delivery costs immediately and no later than fourteen days from the day on which the notification of your withdrawal from this contract reaches us. We will use the same method of payment as you have used for the original transaction unless we specifically agree to use another method; no deductions whatsoever will be made from the refunded amount.
We may deny the refund until the goods have been returned to us or you provide proof of returning the goods, whichever is the earliest.
You are obliged to return or hand over the goods without delay and no later than fourteen days after the date on which you informed us of the withdrawal of contract. By dispatching the goods to us before expiry of the deadline of fourteen days, the deadline is considered as upheld.
We will bear the cost of returning the goods.
You are liable for any diminished value of the goods only if this is attributable to handling beyond what is necessary to ascertain the quality, characteristics and functionality of the goods.
(2) Sample withdrawal form
If you wish to withdraw from the contract please fill out this form and return to us
14 oz. GmbH Münzstr. 21, D 10178 Berlin, Germany Email: email@example.com Fax: (+49) 30 400 44270
I/We hereby (*) withdraw from the contract to buy the following items/the following services (*)
ordered on (*)/received on (*)
Name of purchaser:
Address of purchaser(s):
Signature of purchaser(s) (for paper notification only)
(*) delete as appropriate.
(3) No right of withdrawal
The right of withdrawal does not apply to the delivery of goods that are manufactured to customer specifications or that have clearly been tailored to the personal needs of the consumer; to delivery of sealed goods that for reasons of health or hygiene cannot be returned if their seal is removed after delivery; or to the delivery of goods that due to their nature are inseparably mixed, blended or connected to other items.
(4) Return / risk of transport
(a) Please avoid damage or pollution to goods. If you receive goods that carry our security seal, remove this only if you wish to keep the article permanently. Since removal of the security seal is not required for trying on the item, if a seal is missing we must assume that you have not only tried on but worn the item as if it were you own. Where possible, please return the goods in original packaging with all accessories and with all components of the packaging. If necessary, supply additional protection. If you no longer have the original packaging, please ensure that the item is properly protected from damage during transport in order to avoid claims for damages due to insufficient packing.
(b) We bear the risk of loss or damage of goods after you have handed them over to the shipping company. Please use the shipping company return slip provided. In all instances, please return the goods to us by registered mail and insured and ensure that you retain the deposit receipt. We can also advance payment for the costs of returning the item on request.
(c) Before returning the goods, please notify us by calling +49 30 400 44 153. This will enable the fastest possible processing of the goods.
(d) Please note that the rules stated in paragraphs a to c above are not preconditions for the effective exercise of the right of withdrawal.
(e) All material for returning goods is supplied with the delivery note and invoice accompanying your parcel.
SECTION 8: DAMAGES IN TRANSIT
(1) In the event that goods arrive having clearly suffered damage in transit, please take this up with the deliverer immediately and also contact us as soon as possible on +49 30 400 44 214, fax: +49 30 400 44 270 Email: firstname.lastname@example.org.
(2) Failure to file a complaint or to contact us does not have any influence on your statutory guarantee rights. However by contacting us promptly, you are helping us to assert a claim against the shipper or with the transport insurance company.
SECTION 9: GUARANTEES
(1) Information on warranty;
(2) If you are a consumer in the sense of Section 13 of the German Civil Code (BGB), the period of limitation for guarantee claims relating to used goods – notwithstanding legal provisions – is one year. In other respects legal provisions apply to the warranty.
(3) If you are an entrepreneur in the sense of Section 14 of the German Civil Code (BGB), legal provisions apply with the following modifications:
•With respect to the quality of the goods, only our own information and the manufacturer’s product description are binding and public promotion, reviews or other advertising by the manufacturer are not binding to us.
•You are obliged to examine the goods, without delay and with due care and attention, for any deficiencies in quality or quantity and to notify us of any apparent deficiencies within seven days of receiving the goods. Timely dispatch of notification within this period is sufficient for observing the notification period. This also applies to notifications of hidden defects, from the time of their subsequent discovery. If the obligation to inspect and give notice of defects is not observed, no guarantee claims can be made.
•Where deficiencies occur, our rectification is either by repair or replacement (supplementary performance). In the event of a repair, we are not obliged to bear the increased costs incurred by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
•If the supplementary performance fails twice, you can choose to receive a reduction in price or cancel the purchase contract.
•The guarantee period is one year from delivery of the item.
SECTION 10: LIABILITY
(1) Unlimited liability: Our liability is unlimited in cases of intent and gross negligence. In cases of ordinary negligence, our liability is governed by the German Product Liability Act, as are claims based on injury to life, body or health.
(2) Limitation of liability: In other respects we are liable only for slight negligence if this violates an obligation the fulfilment of which is necessary for the correct implementation of the contract and for which the customer can routinely expect compliance (cardinal obligation). This limitation of liability also applies to parties assisting in the performance of our obligations.
SECTION 11: FINAL PROVISIONS
(1) If one or more of the provisions of these Terms and Conditions are or become invalid or impracticable, the validity of the remaining provisions is not affected.
(2) Contracts between us and you are exclusively subject to German law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(3) If you a merchant, legal person under public law or separate estate under public law, the place of jurisdiction for all disputes arising out of or in connection with contracts between you and ourselves is Berlin.