General Terms and Conditions
§1 CONSUMER INFORMATION & SCOPE
The General Terms and Conditions of DO THE DONT’S GbR can be found in their current version on our website www.dothedonts.com under the heading “Legal / General Terms and Conditions”. Our “General Terms and Conditions” shall apply for the entire business relationship. We (DO THE DONT’S GbR) will perform your order according to the General Terms and Conditions applicable at the time of the order.
English will be the language for all negotiations and contracts.
You can print or save the General Terms and Conditions: Download this document as a PDF file and save it on your computer. You will need the program Adobe Acrobat Reader DC to open the PDF file, which can be downloaded free-of-charge (https://get.adobe.com/reader/?loc=en).
We will store your contract and ordering details, as well as the text of the contract. A direct access is not possible for security reasons. If you want to retrieve your profile, your address, your payment methods and your order history, you can sign up on our website via “My account” with your username and your password. Your personal access data are intended only for you and must not be disclosed for third-parties to access.
During the ordering process, you have the opportunity via our website to recognize and correct any entry mistakes before submitting the contract declaration, and before you click on “buy now”, by clicking on the button “change data”.
§2 CREATE A USER ACCOUNT
The registration of a user account is only allowed for a legal person and for a natural person having legal capacity, a natural person and partnerships, as well as a legal person. Minors are not allowed to register. The registration of a legal person may only be carried out by an authorized natural person, who must be named.
When finishing the registration application, provide truthful, accurate, current and complete information about the data requested in the registration forms. In the case of not fully completed registrations of user accounts, as well as in the case of discredited or incorrect information, we reserve the right to refuse the registration of a user, to cancel with immediate effect or to delete a user’s account after a reasonable time.
Any disruption of our homepage or the further use of your user account outside the intended use provided for in these terms and conditions is forbidden. Particularly, manipulation with the aim of causing harm, to completely or temporarily interfere with and affect the use of our website, to obtain unauthorized payments or to bring about other advantages to our disadvantage, are forbidden. Infringements will be pursued according to both civil and criminal law.
In the event of a violation of §2.1 and §2.3 or concrete suspicion of such a breach, in which there is a danger of damage, we are entitled to freeze your user account instantly.
We are not obligated to accept your registration or your order. We are not obligated to permanently maintain the availability of our website, your account, or our online shop. However, already confirmed contracts shall remain unaffected.
§3 CONCLUSION OF CONTRACT
Our offers are subject to confirmation and are not binding. The presentations on our websites represent as such no legally binding offer. You can order from us by phone, via our website (Internet), or in our store. When ordering via our website in the online shop, by clicking on the button “buy now” you will issue a binding offer to conclude a purchase contract for the desired goods. In the case of your order by phone, you make a binding offer by issuing an order orally.
We are entitled to accept your offer within seven calendar days by sending a confirmation of the contract (by post or email), as well as by carrying out the order. If your offer is not accepted by us within seven calendar days, the offer shall be deemed to be rejected. No contract is concluded for products that are not listed in the order confirmation.
We ship goods to you domestically which are in stock no later than 2-5 working days after conclusion of the contract via UPS Standard. In the case of payment in advance, delivery times shall extend from the date of receipt of payment in our account. Differing delivery times shall be specified in the context of the item description.
Goods shipped from outside the Federal Republic of Germany and within Europe which are available are usually delivered within 5-14 working days. For shipments to non-European countries, the delivery time depends on the type of shipping (airmail / overland / maritime) and the location of the recipient.
If you order a product that was available in accordance with the article description, and we have not been supplied with this product from our suppliers with no fault of our own, we may withdraw from the contract. In this case, we will inform you straightaway and, if applicable, suggest an alternative similar product. If no comparable product is available, or you do not want delivery of a comparable product, we will refund any amounts which have already been paid. The right to withdraw from the contract shall also apply in this case.
We are entitled to make partial shipments and/or services, as far as this does not affect any conflict of interests unreasonably. Should a partial delivery become necessary, we will, of course, accept the additional shipping costs. No further costs will arise for you.
The delivery time is extended appropriately if the delivery is affected by a force majeure situation. Force majeure shall be deemed to be, for instance, subsequent material procurement difficulties, riot, strike, lockout, malfunction, fire, natural disasters, transportation disruptions, change to the statutory provisions, official measures or regulations or the occurrence of other unforeseeable events, which are beyond our control and which – taking an objective point of view – have not been caused by any culpable conduct on our part. Should one of the above described cases arise, we shall inform you immediately. If this hindrance to performance should last longer than four weeks, you are entitled to withdraw from the contract. In this case, further claims, in particular for damages, do not exist. This does not apply as far as in cases of willful intent or gross negligence, in case of assurances, or due to breach of essential contractual obligations caused by simple negligence or if compulsory liability applies in foreseeable damage typical for contracts for legal reasons, due to mandatory liability.
All prices are amounts in Euros and include value added tax. Postage and shipping costs will be added according to the following list (see §6).
§6 SHIPPING COSTS (DOMESTIC AND FOREIGN)
Here you will find all information about shipping costs for returns and postage and shipping costs for deliveries
COUNTRY SHIPPING COSTS & SHIPPING TIME
The shipping fees are the same for all orders, independent of the size or weight of the package.
Germany € 5.00
EU (except Germany) and Switzerland € 20.00
All other countries € 25.00
Shipping fees will be displayed in your cart during checkout process.
Delivery takes place via UPS. The delivery time within Germany is 2 – 3 working days, and will begin on the first working day after the contract conclusion. The delivery times for other countries may vary. We’ll give you information about your shipping as soon as the package is on it’s way.
§7 RIGHT OF WITHDRAWAL
Consumers have a legal right of withdrawal. You can find the relevant instructions, as well as a sample withdrawal form, at the end of these online shop General Terms and Conditions.
§8 TERMS OF PAYMENT
The payment of the purchase price is due immediately with the conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you will already be in default by non-observance of the date. In the event of default, we are entitled to charge interest at the rate of five percentage points above the respective base interest rate for the year. In the case of legal transactions, in which a consumer is not involved, we reserve the right to demand interest on compensation claims in the event of default at a rate of eight percentage points above the base interest rate. We reserve the right to prove higher default losses caused by delay and to assert § 288 para. 3, 4 BGB.
We accept credit card and PayPal. In order to process your payments, we will transmit your data upon completion of your order via a safe connection to our payment service provider Payone (Stripe, Inc, stripe.com).
a) Payment via PayPal: you pay the invoiced amount via the online service provider PayPal. You have to register with PayPal and/or be registered, so that you can legitimize your access data and confirm the payment instruction to us (exception is in the case of guest access, if applicable). You will receive further instructions in the course of the order process. After the amount has been received in our bank account, the goods will be sent.
b) Payment by credit card: your credit card account will be debited immediately after completing the payment process. All entries and control checks relating to your payments will be carried out and saved by the payment processor.
All payments are to be made without deductions to DO THE DONT’S GbR. A payment shall be deemed to have been made only after the amount is freely available to us.
A set-off shall be excluded, unless the set-off claim is undisputed or has been legally established or acknowledged by us in writing. You can only exercise a right of retention insofar as the claims arise from the same contractual relationship. Exclusions do not apply if a counter-claim is made which emerges from a justified non-cash claim from a refusal of performance, or asserted rights due to a deficiency.
General discount clause:
a) discount codes cannot be taken into account in hindsight, unfortunately.
b) discount codes do not apply for reduced articles.
§9 WARRANTY & LIABILITY
Warranty shall be dependent upon the statutory provisions. In case of a complaint, we ask for proof of the purchase date by means of the invoice and sending the article complained about together with a copy of the invoice to the DO THE DONT’S GbR, Mommsenstraße 3, 10629 Berlin, Germany. Normal wear and tear of the goods do not justify a warranty claim.
The right to subsequent fulfilment as well as the right to withdraw from the contract or to reduce the purchase price shall be available to the extent provided by law.
We assume no liability for damage and defects that arise from improper use, handling and storage, negligent or faulty care and maintenance, by overuse or improper repair by a non-authorized service partner.
The warranty period for entrepreneurs is reduced to one year for defects, if there is no case for compelling liability, as in particular envisaged by § 478 BGB. Claims for compensation shall also remain unaffected by the shorter limitation period.
If the customer is an entrepreneur, he has to inspect the services provided immediately after delivery, as far as possible according to proper business procedures, and, if a deficiency becomes evident, to notify us of this straightaway. If the customer fails to make this notification, the performance shall be deemed as approved, unless there is a defect which was not visible during the inspection. If such a defect becomes evident later on, the notification must be made immediately after discovery of the defect. Otherwise, the performance shall be considered approved, also in the light of this defect. In order to preserve the rights of the customer, the timely dispatch of the notification shall suffice. The rules on the obligation to give notification will not apply if a defect has been fraudulently concealed or the customer is a consumer.
Further claims, particularly for consequential damage, shall be fundamentally excluded. This does not apply in cases of intent, gross negligence or breach of essential contractual obligations by us, as well as in the case of injury to life, body or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those, the fulfilment of which allows the proper execution of the contract to be possible at all, and upon whose compliance you can regularly trust and can rely on.
The risk of incidental loss and incidental deterioration of goods for sales shipments shall pass to you or a recipient chosen by you with the delivery of the goods. If you are not a consumer, and have not purchased the goods only for private use, the risk of incidental loss and incidental deterioration of the goods shall pass to you upon delivery to the responsible person for shipment.
We exclude our liability for slightly negligent breaches of duty, provided that no essential contractual duties, damages arising from injury to life, body or health, or guarantees, or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we are liable for intent and gross negligence, also for our vicarious agents, according to the statutory provisions. The same applies to negligent damage from injury to life, body or health. For damage to property and pecuniary loss, we and our vicarious agents are only liable for negligence caused by a breach of an essential contractual obligation, however the amount is limited to damage which is foreseeable upon conclusion of and typical for contracts. Essential contractual obligations are those, the fulfilment of which characterizes the contract and upon which the customer can rely on.
§10 RESERVATION OF TITLE
The delivered goods shall remain in our ownership until full payment has been made. If you come in arrears with the purchase price payment, we have the right to withdraw from the contract and to demand the surrender of the goods which have not yet been paid. You are obligated to handle the goods which have not yet been paid with care.
Please take note of the washing instructions, which you can find on the labels of the articles. If care instructions are not properly followed, modifications to the products have been made or care materials are used which we have discouraged, and/or were explicitly declared by us as non-compatible with the purchased item, or do not meet the minimum average quality claim, no warranty shall be granted.
§12 DATA PROTECTION, ADVERTISING VIA EMAIL
In the event of the conclusion of the contract, we will send you advertising for similar goods by email from time to time; if you do not wish to receive such promotional emails, you can refute the use of your email address by contacting the following email address: firstname.lastname@example.org
§ 13 RIGHT TO INFORMATION/RIGHT OF WITHDRAWAL AND RIGHT OF OBJECTION ACCORDING TO THE FEDERAL DATA PROTECTION ACT (BDSG)
You have the right to information, as well as under certain circumstances a right to correction, freezing/blocking and deletion of your data stored in our systems.
Moreover, you have a right to object to the processing or use of your personal data for advertising purposes or for market and opinion research, as well as for the trade with addresses and commercial data processing.
You can always also object to the compilation, processing or use of your personal data if an evaluation shows that your legitimate interest because of your particular personal situation outweighs the interest of the responsible authority involved in the collection, processing or use of such data. This does not apply if legislation entitles or obliges this collection, processing or use of data.
Moreover, you still have the right to cancel a previously granted consent to collect, process and use your personal data at any time with effect for the future.
§14 APPLICABLE LAW
For all disputes arising from or as a result of this agreement, the law of the Federal Republic of Germany will apply under exclusion of the UN Sales Convention. The legal regulations on the restriction of the choice of law and the applicability of mandatory provisions of in particular the State in which the customer as a consumer is ordinarily resident, shall remain unaffected.
The place of jurisdiction for all claims arising from or due to this business relationship, including those from bills of exchange and cheques, is Cologne, insofar as you are a merchant in the sense of the commercial law, i.e. not a consumer. In this case, we are also entitled to sue at the court of jurisdiction responsible for your company headquarters.
§15 FINAL PROVISIONS
Even if individual conditions should be or become invalid, the contract shall remain binding in its other parts. Should a provision be wholly or partially ineffective, the Contracting Parties shall endeavor to achieve without delay the desired economic success despite the invalid provision in another legally permitted way.
§16 EXTRA-JUDICIAL RESOLUTION PER VSBG
As of February 2017, a new regulation in the German law regarding alternative dispute regulation pertaining to consumers (VSBG) comes into effect. It provides that every consumer has the right to appeal to an extrajudicial arbitration board regarding disputes over a consumer contract if an amicable agreement between commercial entity and consumer cannot be found. Whether the commercial entity is obligated to participate in the extrajudicial dispute resolution is stipulated in the law.
We hereby explicitly declare according to § 36 (1) No. 1 VSBG that we are not obligated to and therefore not willing to participate in an extrajudicial dispute resolution before a consumer arbitration service (VSBG).
§17 SERVICE PROVIDER INFORMATION
DO THE DONT’S GbR
Tel.: 030 – 40745563
Managing Director: Christian Daum, Uwe Rummel
Commercial register: District Court Berlin HR B;
VAT ID No.: DE304013895
Current status: April 2017
Copyright © 2017 by DO THE DONT’S GbR.
DO THE DON’T’S® is a registered and protected trademark.
RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date on which you or a third party nominated by you, who is not the carrier, took the goods in their possession, in the case of a contract for the supply of goods in several partial shipments or, on the day on which you or a third party nominated by you, who is not the carrier, took the last part of a shipment or the last item in your or their possession.
In order to exercise your right of withdrawal, you must inform us by making a clear statement (e.g. a letter sent by mail, fax or email) of your decision to revoke this agreement. You can use the attached sample withdrawal form for this purpose, which is, however, not compulsory.
It shall be deemed sufficient to send notification expressing your wish to exercise the right of withdrawal before the withdrawal deadline expires.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, we have to return all payments that we have received from you, including the delivery charges (except for the additional costs arising from a different type of delivery to that offered by us as the best standard form of delivery), without delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this contract was received by us. We will use the same means of payment you used for the original transaction, unless otherwise expressly agreed with you. In any case, no charge will be made for this repayment. We can refuse to pay any refund, until we have received the goods back from you, or you have provided evidence that you have returned the goods, depending on which of these dates was earlier.
You shall return or hand over the goods promptly to us, in any case no later than fourteen days from the date on which you informed us about your withdrawal from this contract. The deadline shall be ensured, if you send back the goods before expiration of the fourteen day period. The immediate cost of returning the goods shall be borne by you.
You must only bear a possible loss in value of the goods if this loss in value is due to needless handling to check the quality, properties and function of the goods.
EXAMPLE OF A WITHDRAWAL FORM
If you want to withdraw from the contract, you can complete this sample withdrawal form and send it back to us:
DO THE DONT’S GbR, Helmholtzstr. 2-9, 10587 Berlin, Fax: 030 – , E-Mail: email@example.com
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only for communications on paper/hardcopies)
(*) Delete as appropriate.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.