Terms and customer information The European online dispute resolution platform ("ODR platform") will be after the release by the European Commission via the portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) accessible.
I. Terms and conditions
§ 1 Basic reglementations
(1) The following terms and conditions apply to all contracts you make with us as a supplier (hemdwerk GmbH) via the websites http://www.hemdwerk.de, http://www.hemdwerk.eu, http://www.hemdwerk.com. Unless otherwise agreed, the inclusion of which might be used by you own conditions is prohibited.
(2) consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed primarily neither commercial nor its independent professional activity. Entrepreneur is any natural or legal person or a legal partnership, which is concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of goods.
Our product images on the Internet are not binding and no binding offer to conclude a contract.
(2) You can make a binding offer to purchase (order) using the online shopping cart system.
The goods intended for sale are stored in the "basket". On the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time. After calling the page "Checkout" and entering your personal details and the payment and shipping terms, all order data is displayed on the order summary page finally again.
Before submitting the order you have the opportunity here to check all the settings again to change (also using the "back" of the Internet browser) or cancel the purchase.
"Buy" By submitting the order to the button you submit a binding offer from us.
(3) Acceptance of the Offer (and therefore the contract) made immediately after order confirmation by in writing (eg e-mail) in which you complete the order or delivery of the goods is confirmed (order confirmation).
If you have not received an appropriate message, you are no longer bound to your order. If necessary services already provided will be refunded immediately in this case.
(4) Your requests for the creation of an offer are non-binding. We will make this a binding offer in writing (eg e-mail), which you can accept it within 5 days.
(5) The completion of the order and submission of all information required in connection with the contract shall be concluded by e-mail automated. They therefore have to ensure that you stored in your e-mail address is correct, the receipt of the e-mails is technically assured and especially not prevent SPAM filter.
§ 3 Custom Goods
(1) You provide us with the information necessary for the individual design of products to appropriate information, text and files through the online ordering system or at the latest immediately after the conclusion by e-mail. Our eventual specifications on file formats must be observed.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyright, naming rights, trademark rights) or violate existing laws. Make ourselves from all in this regard from claims brought by third parties. This also relates to the cost of the necessary legal representation in this regard.
(3) We do not assume any examination of the data transmitted to the correctness before and assume no liability for errors.
(4) If we created in the context of individual design for text, images, graphics and designs, these are subject to copyright.
Without our express permission is a use, reproduction or modification of individual parts or complete contents not permitted.
Unless otherwise agreed, we will transfer you to an indefinite period of time to the listed copyrighted works for you. You are prohibited expressly to provide the protected works or parts thereof in any way to third parties privately or commercially available.
The transfer of the right of use is subject to the condition of full payment of the purchase price.
(5) deviations customized clothing is handmade. The dimensions shoulder width, sleeve length and cuff width tolerances of +/- 1.5 cm are possible and do not constitute defects. The dimensions chest circumference, waist circumference, hip circumference, arm circumference and shirt length tolerances of +/- 2.0 cm are possible and not a defect. Maßermittlungen is the basis for all the hemdwerk measuring system, the www.hemdwerk.de on the site is appreciated.
(6) material, range changes in individual cases, it may at similar fabrics, threads, buttons be variations in color, feel, or structure. These are based on manufacturing tolerances of our suppliers outside the supplier´s control. Such material or range changes are not defects.
(7) Colour deviations We´re working hard, the color and features of the products shown on our website reproduce as faithfully as possible. The colors you see, however, strongly depend on the used screen and its setting, so we can not guarantee the color fidelity. Deviations of the substances shown to the original colors for technical reasons and therefore does not constitute a defect.
(8) changes remakes on goodwill (Erstbestellerkulanz) first-time grants hemdwerk as grace performance free replacement or modification in case of a non-matching Maßartikels.
The sign of goodwill can be applied only to a shirt per order and customer. The type of change determines the hemdwerk clerk.
The customer must actively contribute to problem determination. This includes the submission of meaningful photos (eg upload via the hemdwerk ticket system), the specification of dimensions (change in cm), and the timely answer any questions.
The goods must not matching without delay and, within four weeks of receipt of goods with sufficient postage will be returned to hemdwerk together with the completed return form. A return form is any shipment or can be downloaded from the website.
(9) Special requests special services / special requirements that indicates (at the time of the order by telephone, via support ticket or send us a note) the Customer as part of your order will be considered as far as possible and must not be confirmed by hemdwerk. In the case of an execution of a special wanting that does not satisfy the customer, there is no shortage.
§ 4 Special arrangements for payment methods offered
§ 5 retention, retention of title
(1) A lien can only exercise if it is receivable from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) Are you an entrepreneur, the following also applies:
a) We reserve the title to the goods until full payment before all claims arising from the ongoing business relationship. Before transfer of ownership of the goods is a pledge or security purposes is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will enter all claims in the amount of the invoice that will accrue from the sale, to us, we accept the assignment. They are also authorized to collect the debt. As far as you meet your payment obligations properly, we reserve the right, however, to collect the debt itself.
c) When connecting and mixing of the goods we acquire co-ownership of the new item in the ratio of the invoice value of the goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to your request insofar as the realizable value of our securities exceeds the secured claim by more than 10%. The choice of the collateral to be released.
§ 6 Warranty
(1) The statutory provisions.
(2) If you are an entrepreneur, by way of derogation from paragraph 1:
a) As a condition of the goods shall only our own specifications and the manufacturer´s product description as agreed, but no other advertising, promotions and public statements of the manufacturer.
b) You are obliged to inspect the goods immediately and with due attention to the quality and quantity variances and obvious defects to us in writing within 7 days of receipt of the goods, the deadline, enough with the deadline. This also applies to later found hidden defects from discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
c) In case of defects, we, at our option by repair or replacement. If the repair fails twice, you can request a price reduction or withdraw from the contract as per your choice. In case of repair we do not have to bear the increased costs incurred by the shipment of goods to a place other than the place of delivery, provided that the shipment does not match the intended use of the product.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us attributable culpably caused damages resulting from injury to life, body or health and grossly negligent or intentional damage or malice, as well as recourse pursuant to §§ 478, 479 BGB.
§ 7 Liability
(1) We shall each unlimited liability for damage arising from injury to life, body or health, in all cases of intent or gross negligence, fraudulent concealment of a defect in granting the guarantee for the quality of the purchased item, for claims after Product Liability Law and in all other cases defined by law.
(2) If essential contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations imposed by the contract us by its content for purpose of the contract, making the due and proper performance of the contract would not be possible and on the fulfillment you may rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed accurate and / or available at all times at the current state of the art. We adhere to the extent either for the continuous uninterrupted availability nor the Website and the Service offered there.
§ 8 Applicable Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer is not withdrawn (favourability).
(2) performance for all aspects of the business as well as existing jurisdiction with us is our headquarters, to the extent they are not consumers but merchant, a legal entity under public law or public law special funds. The same is true if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority also to appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of the seller
At elevated tank 1
Phone: 0941 89059735
The technical steps to conclude a contract, the conclusion of the contract itself and the possibilities of correction made in accordance with the provisions of § 2 of our Terms and Conditions (Part I).
3. contract language, the contract text storage
3.1. Contract language is German.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system contract data can be printed using the print function of your browser or saved electronically. After receipt of the order from us the order data, the information required by law for distance contracts and the terms and conditions will again be sent by e-mail to you.
3.3. In Requests outside the online shopping cart system will give you all contract data sent as part of a binding offer by e-mail, which you can print or save electronically.
4. Codes of Conduct
4.1. We have subjected the buyer Seal Quality Criteria Dealers Association Management Ltd., which are available at the following link: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf
4.2. We have subjected the code of honor of Trusted Shops GmbH, which is available at the following link: http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
5. Key characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the item description and product information on our website.
6. Price and Payment Methods
6.1. References in the respective offer prices and shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They are accessed via an appropriately labeled button on our website, are reported separately during the ordering process and are payable by you in addition, to the extent not and Free Shipping is promised.
6.3. The payment methods available to you are shown under an appropriately labeled button on our website or in each item description.
6.4. To the extent that the individual payment methods indicated otherwise, payment claims from the completed contract immediately due for payment.
7.1. The terms of delivery, delivery date and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in each item description.
7.2. If you are a consumer is regulated by law, that the risk of accidental loss and accidental deterioration of the goods during shipment until the delivery of the goods passes to you, regardless of whether the shipment is insured or uninsured occurs. This does not apply if you have independently commissioned an unnamed businessman from transport companies or otherwise to execute the dispatch specific person.
Are you an entrepreneur, supply and shipment is at your risk.
8. Statutory warranty rights for products
8.1. The warranty for our goods is governed by the rules "Warranty" in our Terms and Conditions (Part I).
8.2. As a consumer, you will be asked to inspect the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper complaints as quickly as possible. Come fails to do so, this does not affect your statutory rights.
These terms and conditions and customer information have been created by the specialized IT law attorneys of the Händlerbund and are continuously checked for compliance with legislation. The Dealers Association Management Ltd guarantees the legal security of the texts and liable in the event of warnings. For more information, please visit: http://www.haendlerbund.de/agb-service.
The European online dispute resolution platform ("ODR platform") will be after the release by the European Commission via the portal "Your Europe" (http://europa.eu/youreurope/citizens/index_de.htm) accessible.2. Information about the conclusion of the contract
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