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General terms and conditions of business
General terms and conditions of business
§ 1 – Provider, inclusion of the General Terms and Conditions
(1) The provider and contractual partner for the goods presented in our online shop “www.rockabillymode.de” is Andrea Ewers Schneidermeisterbetrieb, Tonhallenstraße 11a, 47051 Duisburg, telephone 49160 94431110, email rockabillymode@web.de (hereinafter referred to as “provider” or “we”).
(2) These general terms and conditions form part of every contractual agreement between the provider and the respective customer. Conflicting general terms and conditions of the customer are hereby rejected.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the goods presented in this online shop for sale. The color representation of the goods on the website may vary slightly depending on the internet browser used and the customer's monitor settings; these deviations are never completely avoidable for technical reasons. The selection of goods, conclusion of the contract, and contract processing will take place in German or English, at the customer's discretion.
(2) The provider makes a binding offer to purchase the goods presented in the shop. By submitting the order request via the "buy" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by email (contract confirmation).
(3) Before accepting the purchase offer, the customer will be shown an overview of the data collected for their order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and, if necessary, go back one or more steps in the ordering process to change the data or cancel the order altogether.
(4) After the conclusion of the contract, the provider will send the customer the content of the concluded contract (contract text) by email. At the same time, the provider will store the contract text in its electronic data processing system. Since the customer does not have access to this data, it is the customer's responsibility to retain the email containing the contract text in their own interest.
§ 3 – Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include statutory value-added tax.
(2) Information on shipping costs can be found in the respective product description.
(3) The customer can use the following payment methods to pay for his purchase: advance payment by bank transfer, PayPal.
(4) For advance payment orders, a payment period of one week from receipt of the contract confirmation applies. The provider will hold the desired goods for the customer during the payment period. The provider reserves the right to withdraw from the contract and resell the goods to another party if payment is not made on time.
(5) For deliveries to countries outside the European Union, customs duties and import sales tax may apply, which must be paid by the customer to the customs authorities upon receipt of the shipment. These duties are in addition to the purchase price and shipping costs and are beyond the control of the provider.
§ 4 – Shipping and delivery time
(1) Information on delivery times can be found in the respective product description. A statement in days refers to the period from the customer's payment to the delivery of the goods.
(2) Multiple goods ordered at the same time will be delivered in a single shipment; the delivery time for the goods with the longest delivery time applies to the single shipment. If the customer wishes to have a specific product delivered with a shorter delivery time in advance, they must order this product separately.
(3) If a delivery fails because the customer provided an incorrect or incomplete delivery address, a second delivery attempt will only be made if the customer covers the direct costs of reshipping. These costs correspond to the shipping costs agreed upon at the time of conclusion of the contract.
§ 5 – Consumer right of withdrawal
(1) A customer who purchases as a consumer is entitled to a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(2) The provider grants a consumer with permanent residence outside Germany a consumer right of withdrawal in accordance with the German requirements and legal consequences even if the consumer's national law does not provide for a right of withdrawal or ties the withdrawal to a shorter period or to a stricter form than under German law.
§ 6 – Warranty (liability for defects)
The purchaser has warranty claims (also known as liability for defects) in accordance with statutory provisions.
§ 7 – Customer templates, guarantee of rights
(1) A customer who provides the provider with templates for the production of goods (e.g. logos, photos, drawings or text) guarantees the provider that he has all rights to the templates necessary for the execution of the contract and grants these to the provider for the performance of his contractual service.
(2) The Customer indemnifies the Provider against all claims asserted by a third party against the Provider for infringement of copyright or personal rights, trademark, design, or other intellectual property rights. This indemnification also includes any costs incurred by the Provider for the examination of the claim and legal defense.
§ 8 – Out-of-court dispute resolution
(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at the address ec.europa.eu/consumers/odr.
(2) To initiate an out-of-court dispute resolution procedure, consumers may use the OS platform or contact the following body: Universal Arbitration Board of the Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl, www.universalschlichtungsstelle.de, email mail@universalschlichtungsstelle.de, telephone (07851) 7957940.
(3) We are happy to participate in dispute resolution proceedings before a consumer arbitration board if a consumer requests this.
§ 9 – Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers permanently residing abroad if the consumer's national law contains provisions from which no contractual derogation to the detriment of the consumer is possible.
(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Sample cancellation form
§ 1 – Provider, inclusion of the General Terms and Conditions
(1) The provider and contractual partner for the goods presented in our online shop “www.rockabillymode.de” is Andrea Ewers Schneidermeisterbetrieb, Tonhallenstraße 11a, 47051 Duisburg, telephone 49160 94431110, email rockabillymode@web.de (hereinafter referred to as “provider” or “we”).
(2) These general terms and conditions form part of every contractual agreement between the provider and the respective customer. Conflicting general terms and conditions of the customer are hereby rejected.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the goods presented in this online shop for sale. The color representation of the goods on the website may vary slightly depending on the internet browser used and the customer's monitor settings; these deviations are never completely avoidable for technical reasons. The selection of goods, conclusion of the contract, and contract processing will take place in German or English, at the customer's discretion.
(2) The provider makes a binding offer to purchase the goods presented in the shop. By submitting the order request via the "buy" button, the customer accepts the purchase offer. The provider confirms the conclusion of the contract by email (contract confirmation).
(3) Before accepting the purchase offer, the customer will be shown an overview of the data collected for their order, including the essential characteristics of the goods. At this point, the customer has the opportunity to check the data for possible input errors and, if necessary, go back one or more steps in the ordering process to change the data or cancel the order altogether.
(4) After the conclusion of the contract, the provider will send the customer the content of the concluded contract (contract text) by email. At the same time, the provider will store the contract text in its electronic data processing system. Since the customer does not have access to this data, it is the customer's responsibility to retain the email containing the contract text in their own interest.
§ 3 – Prices and payment
(1) All product prices are total prices plus shipping costs. The fees include statutory value-added tax.
(2) Information on shipping costs can be found in the respective product description.
(3) The customer can use the following payment methods to pay for his purchase: advance payment by bank transfer, PayPal.
(4) For advance payment orders, a payment period of one week from receipt of the contract confirmation applies. The provider will hold the desired goods for the customer during the payment period. The provider reserves the right to withdraw from the contract and resell the goods to another party if payment is not made on time.
(5) For deliveries to countries outside the European Union, customs duties and import sales tax may apply, which must be paid by the customer to the customs authorities upon receipt of the shipment. These duties are in addition to the purchase price and shipping costs and are beyond the control of the provider.
§ 4 – Shipping and delivery time
(1) Information on delivery times can be found in the respective product description. A statement in days refers to the period from the customer's payment to the delivery of the goods.
(2) Multiple goods ordered at the same time will be delivered in a single shipment; the delivery time for the goods with the longest delivery time applies to the single shipment. If the customer wishes to have a specific product delivered with a shorter delivery time in advance, they must order this product separately.
(3) If a delivery fails because the customer provided an incorrect or incomplete delivery address, a second delivery attempt will only be made if the customer covers the direct costs of reshipping. These costs correspond to the shipping costs agreed upon at the time of conclusion of the contract.
§ 5 – Consumer right of withdrawal
(1) A customer who purchases as a consumer is entitled to a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.
(2) The provider grants a consumer with permanent residence outside Germany a consumer right of withdrawal in accordance with the German requirements and legal consequences even if the consumer's national law does not provide for a right of withdrawal or ties the withdrawal to a shorter period or to a stricter form than under German law.
§ 6 – Warranty (liability for defects)
The purchaser has warranty claims (also known as liability for defects) in accordance with statutory provisions.
§ 7 – Customer templates, guarantee of rights
(1) A customer who provides the provider with templates for the production of goods (e.g. logos, photos, drawings or text) guarantees the provider that he has all rights to the templates necessary for the execution of the contract and grants these to the provider for the performance of his contractual service.
(2) The Customer indemnifies the Provider against all claims asserted by a third party against the Provider for infringement of copyright or personal rights, trademark, design, or other intellectual property rights. This indemnification also includes any costs incurred by the Provider for the examination of the claim and legal defense.
§ 8 – Out-of-court dispute resolution
(1) For the out-of-court settlement of consumer disputes, the European Union provides an online platform (“ODR platform”) at the address ec.europa.eu/consumers/odr.
(2) To initiate an out-of-court dispute resolution procedure, consumers may use the OS platform or contact the following body: Universal Arbitration Board of the Center for Arbitration eV, Straßburger Str. 8, 77694 Kehl, www.universalschlichtungsstelle.de, email mail@universalschlichtungsstelle.de, telephone (07851) 7957940.
(3) We are happy to participate in dispute resolution proceedings before a consumer arbitration board if a consumer requests this.
§ 9 – Final provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. However, German law shall not apply to consumers permanently residing abroad if the consumer's national law contains provisions from which no contractual derogation to the detriment of the consumer is possible.
(2) Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.