GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SIGN OF MINE GMBH
in the context of contracts, which are accessible via the website www.sign-of-mine.de
SIGN of MINE GmbH
80331 Munich Germany
hereinafter referred to as "provider"
the customer specified in § 2 of the contract
hereinafter referred to as "customer"
§ 1 Scope, Definitions
(1) For the business relationship between the Webshop Provider (hereinafter "Provider") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.
(2) A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor independent. On the other hand, an entrepreneur is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity. A legal partnership is a partnership that has the ability to acquire rights and liabilities.
§ 2 Conclusion of contract, confirmations and compulsory information
(1) Via the website www.sign-of-mine.de the provider offers embroidered labels and accessories (hereinafter referred to as "Products").
(2) The customer can select products from the assortment of the supplier and collect them via the button "into the shopping cart" in a so-called shopping cart. With the button "Buy now" he makes a binding application to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time.
(3) The provider will check the submitted order details immediately. The contract is concluded after the examination by the submission of the acceptance by the provider, which is sent by e-mail to the e-mail address given by the customer and in which the customer's order and the other content of the contract are listed. The customer can print this declaration via the "Print" function. This e-mail also confirms the receipt of the order.
(4) As soon as the provider has received the payment amount after the conclusion of the contract, the provider will confirm this to the customer by e-mail. Furthermore, the provider will inform the customer by e-mail when he has handed over the ordered goods to the shipping service provider.
§ 3 delivery, product availability
(1) If the customer orders an item described in the type, in particular with regard to condition, color, weight, dimension, design, the supplier will deliver the corresponding article.
(2) If no copies of the product selected by him are available at the time of the customer's order, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently not available, the provider looks from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer immediately in the order confirmation. In the event of a delivery delay, the customer has the right to withdraw from the contract.
(4) The shipping takes place after receipt of payment and after the completion of production.
(5) Unless otherwise stated in the order process, non-personalized goods are expected to be ready for shipment in 3-5 business days. Personalized goods are ready for shipping within 8-10 working days. The provider points out that he delivers the goods via a postal service provider and therefore has no influence on the postal period. Exceptions may be the delivery time for orders before holidays (such as Christmas, Easter, Mother's Day) extended by a reasonable period.
§ 4 Retention of title
(1) Until full payment, the delivered goods remain the property of the provider. If the customer is a merchant, the following paragraphs 2 to 5 also apply.
(2) The delivered goods remain the property of the provider until all claims have been met that are due to him against the customer now or in the future, including all balance claims from current account. Insofar as the customer behaves in breach of contract - in particular if he has defaulted on the payment of a payment claim - the provider has the right to take back the reserved goods after the supplier has set the customer a reasonable deadline for performance. If the provider takes back the reserved goods, this represents a withdrawal from the contract. The costs incurred for the return transport costs shall be borne by the customer. It also represents a withdrawal from the contract, if the provider seizes the reserved goods. He may use the reserved goods taken back by the supplier.
(3) The customer must treat the retained goods with care. He must insure them adequately at his expense against fire, water and theft damage as new.
(4) In the case of seizure of the reserved goods by third parties or other interventions by third parties, the customer must point out the property of the provider and must immediately notify the provider in writing so that he can enforce his property rights. If the third party is unable to reimburse the court or out-of-court costs incurred in this connection, the customer shall be liable for this.
(5) If the customer so requests, the supplier is obliged to release the securities to which it is entitled insofar as their realizable value exceeds the value of the outstanding claims against the customer by more than 10%.
§ 5 prices and shipping costs
(1) The respective prices apply at the time of the order. All prices are final. They include the respectively valid German VAT. If it is a limited offer, the provider will refer to the duration of the time limit in the webshop. The delivery within Germany is 4, - €. From a value of 49, - € shipping in Germany is free of charge.
The shipping costs for deliveries to the rest of foreign countries are 12, - €.
(2) As the customs costs can not reasonably be calculated in advance, the customer is informed that this is a dutiable order. The customer is obliged, in accordance with the customs laws, to carry out or arrange the proper customs clearance of the goods immediately after the border crossing into the destination country.
(3) The corresponding shipping costs are given to the customer in the order form and are to be borne by the customer.
(4) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.
§ 6 payment methods
(1) Basically, we offer the payment methods credit card, payment by invoicing and Paypal. With each order we reserve the right not to offer certain payment methods and to refer to other payment methods. Customers agree to receive invoices and credits in electronic form.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the customer chooses to pay via Paypal, the customer may deviate from the payment already with the submission of his order.
(3) In the case of purchase on credit card, the debit of the credit card account with the shipment of the order.
(4) The purchase price shall be payable on purchase on account on the day of receipt of the delivery by the customer.
The bank details of the provider are:
Sign of Mine GmbH
(5) The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by delay by the provider.
(6) The delivery of the goods is carried out by the respective logistics partner of the provider.
§ 7 Warranty, Warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular according to §§ 434 ff. BGB. Deviating from this, the warranty period for new items delivered by the supplier is 12 months. Excluded from this shortening of the warranty period are claims for damages according to the following § 8 (liability).
(2) An additional guarantee exists with the goods delivered by the supplier only if this was expressly delivered in the order confirmation to the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, his legal representatives or Vicarious agents are based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the present case this is, for example, the transfer of a defect-free thing.
(2) in the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
(3) the restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) the provisions of the Product Liability Act remain unaffected.
§ 9 Right of withdrawal in distance contracts
(1) If it concerns a distance selling contract, the following applies § 10 (cancellation instruction for goods), if the customer is a consumer.
2. Distance contracts shall mean contracts in which the trader or a person acting on his behalf or on behalf of the contractor and the consumer use only means of distance communication for contract negotiations and the conclusion of the contract, unless the contract is not concluded within the framework of a distance selling distribution network. or service system.
§ 10 Cancellation Policy for goods
(1) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. To exercise your right of withdrawal, you must (Sign of Mine GmbH, Neuturmstraße 10, 80331 Munich, 14, E-mail: email@example.com) by means of a clear statement (eg, one by post sent letter or e-mail) about your decision to cancel this contract. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
(2) Consequences of the revocation
If you withdraw from this Agreement, we shall reimburse you for any payments we have received from you, including delivery charges, promptly and not later than fourteen days from the date on which we receive notice of your cancellation of this Agreement. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the cost of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
(3) Exclusion of the right of withdrawal
You can not revoke your contract in the following cases:
- in the case of contracts for the supply of personalized goods (for example personalized stitched labels) which are not prefabricated and for the manufacture of which an individual selection or determination by you is authoritative or
- for contracts that are clearly tailored to your needs (for example, non-standard accessories)
- with reduced goods.
§ 11 Copyright on Designs, Indemnity
We reserve the right to subject racially, politically, sexistly and individually discriminating text content to special scrutiny and to reject the product order accordingly.
The SIGN OF MINE GmbH makes every effort to ensure the accuracy and clarity of the information displayed on this website, but accepts no responsibility for misprints, translation errors, outdated information, technical, pricing or other errors on this website.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer, excluding the UN Sales Convention.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
End of the terms and conditions