General Terms and Conditions
§ 1. Scope of application
1.1. All orders, services and offers performed by Anne Evertz - DESIGNSTRAPS (in the following called: DESIGNSTRAPS) shall be carried out solely on the basis of the following General Terms and Conditions. These terms and conditions are integral part of all the contracts of any item in the online shop made between DESIGNSTRAPS and the customer. A customer is any natural person who purchases for private use only. You may not place any order for commercial purposes. We shall not accept provisions in derogation of these terms unless they have been confirmed by DESIGNSTRAPS in writing.
1.2. Oral agreements are not binding. These terms and conditions are valid as well for companies, body corporate organized under public law or public separate assets in terms of § 310 sect. 1 sentence 1 BGB. We hereby disagree with the reference to terms and conditions of one’s own.
§ 2.Contractual partner
The contract of purchase becomes binding with Anne Evertz - DESIGNSTRAPS. For more information please check the imprint.
§ 3.Conclusion of contract
3.1. The product description in the online shop is not a legal binding product offering but a non-binding online catalogue. By entering his data and clicking the ordering button “Confirm Order (Liable to Pay)” at the final step of the ordering process the customer places a binding ordering of the chosen goods. After placing the order DESIGNSTRAPS will directly send an E-Mail to the customer that confirms that the order was received. This confirmation incurs that the offer has been accepted by DESIGNSTRAPS and constitutes a binding contract of sale.
3.2. Contractual languages are German and English.
3.3. If DESIGNSTRAPS cannot fulfill the order made by a customer or should certain products of an order not be available due to the fault of the supplier or other reasons, then DESIGNSTRAPS will reserve the right to withdraw from the sales contract. The customer will be as a matter of course informed and a substitute will be proposed. In case there is no substitute or the customer does not accept the substitute, the customer will get the already paid amount back.
§ 4. Right of Rescission
The customer has the right to return without stating a reason within a withdrawal period of 14 days.
Right of Return
You have the right to cancel your declaration of contract without stating a reason within 14 days in written form (e. g. letter, fax, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverant delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to article 246 § 2 in connection with § 1 clause 1 and 2 EGBGB as well as our obligations pursuant to § 312g clause 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time.
The return shipment or the cancellation statement shall be addressed to:
D-60313 Frankfurt am Main
Effects of Revocation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. You only need to provide compensation for the deterioration of goods and for enjoyed benefits if the deterioration or usage of the goods goes beyond the normal inspection of the goods features and functionalities. “Inspection of the goods features and functionalities” means the inspecting and testing of a good as it would have been possible and usual in a retail shop for example. Goods, that can be dispatched by parcel, have to be returned on our risk. You shall be responsible for the return costs if the merchandise supplied complies with the goods ordered and if the price of the merchandise to be returned does not exceed the amount of 40 EURO or - in case the price does exceed the amount of 40 EURO - if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address. Obligations for refunding of payments must be fulfilled within 30 days. The period of time starts after dispatch of your declaration of revocation or of the goods for us with the receipt of those.
End of revocation instruction
The right of revocation does not apply to audio and video recordings, to software if the data carriers supplied are unsealed, nor to newspapers and magazines. Also, they do not apply to merchandise made according to the contractual partner's specifications or which are obviously tailored to the contractual partner's individual needs.
§ 5. Pricing and delivery costs
5.1. Prices are valid as shown on the website of DESIGNSTRAPS when the order is processed.
5.2. All mentioned prices of DESIGN
STRAPS are final prices in EURO and include the applicable sales tax (V.A.T). Except for export deliveries to third party countries/ non EU-countries (Norway, Switzerland, Liechtenstein). These deliveries are excluded of the German VAT (value added tax) of 19%. All goods delivered to non EU-countries are subject to import duties and are customable and taxable at the expense of the recipient. Delivery costs are additional costs that vary depending on the destination. You will find the shipping details on the product pages, in your shopping cart system and on the order list throughout the shopping process. More information about shipping can be found under shipping costs.
§ 6. Payment
6.1. The retail price is payable upon placement of an order.
6.2. The customer can pay the order sum by prepayment (bank transfer), Paypal or Sofortüberweisung (direct transfer).
§ 7. Delivery
7.1. Unless otherwise agreed the item will be delivered to the customer’s given address.
7.2. DESIGNSTRAPS only delivers to the following countries: Belgium, Bulgaria, Denmark (apart from Faroe Islands and Greenland), Estonia, Finland (apart from Åland Islands), France (incl. Monaco; apart from Overseas Countries and Territories), Greece (apart from Mount Athos), Great Britain (incl. Isle of Man, excl. Jersey, Guernsey, Alderney, Sark, Herm, Jethou), Ireland, Italy (apart from Livigno and Campione d’Italia), Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, Netherlands (apart from non-european Territories), Norway, Austria, Poland, Portugal, Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain (excl. Ceuta, Melilla and the Canary Islands), Czech Republic, Hungary, Cyprus (only the Greek part).
7.3. If a delivery to a customer is not possible, because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
§ 8. Damages caused by transportation
8.1. The customer as a consumer is requested to complain about delivered merchandise with apparent transport damage to the deliverer and to inform the seller hereof immediately via phone: +49 176 92122619.
8.2. Missing this complaint or contacting the seller does not affect legal warranty claims, but help us make requirements valid against the carrier.
§ 9. Set-off and retention right
A right to withhold or compensate may be invoked by the customer only when his complaints have been recognized legally or by DESIGNSTRAPS or due to counterclaims arising from the contractual relationship.
§ 10. Reservation of title
10.1. All of our deliveries and performances occur under proprietary right. Until the delivered/ordered products have been paid for in full by the customer they remain the property of DESIGNSTRAPS.
10.2. Before transfer of ownership, the customer is not entitled to pledge, assign as security, process or redesign the item without explicit consent of DESIGNSTRAPS.
§ 11. Warranty
11.1. The guarantee takes place according to the legal regulations.
11.2. If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then DESIGNSTRAPS will bill the customer the costs of carrying out a warranty claim and returning the product to the customer.
§ 12. Liability
12.1. All liability on our part for breach of duties arising from minor negligence shall be barred except where material contractual duties, damage or injury to life, limb or health, guarantees or claims under the Product Liability Act (Produkthaftungsgesetz) are concerned. The above-mentioned disclaimer also applies to negligent breaches of duty on the part of our vicarious agents.
12.2. Furthermore DESIGNSTRAPS shall not be liable for the continuous and uninterrupted availability of www.designstraps.de nor for technical and electronic errors of the online offer. In addition DESIGNSTRAPS assumes no liability as to the completeness or correctness of the saved data material/information.
§ 13. Data storage & protection
All data captured by DESIGN
STRAPS is exclusively used and processed by us within the framework of the applicable data protection laws according to our data protection provisions.
§ 14. Links to external pages
14.1. Our content contains links to external websites of third parties. DESIGNSTRAPS is not responsible for any contents linked or referred to from its pages - unless DESIGNSTRAPS has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. However, a constant review of linked external pages is unreasonable without concrete indication of a violation of rights. If we become aware of any violations, we will remove such links immediately.
14.2. All content included on this site, such as text, graphics, logos, button icons, images, audio & video clips, digital downloads, data compilations, and software, is the property of DESIGNSTAPS. Therefore the copyright for any material created by DESIGNSTRAPS is reserved. Any duplication or use of objects such as diagrams, sounds, videos or texts in other electronic or printed publications is not permitted without the agreement of DESIGNSTRAPS.
§ 15. Applicable law
These terms and conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany and under exclusion from the UN sales law - unless opposed by any obligatory international consumer protection law.
§ 16. Saving of contract data
DESIGNSTRAPS saves the contract data of the customers to which the order data and the terms and conditions will be sent via mail. The terms and conditions can be downloaded by the customer as well any time on this website. The customer can recall existing and past orders by using the customer login.
§ 17 Final provisions
Should individual clauses in these conditions be or become invalid, the validity of the other clauses or the other parts of such clauses shall remain unaffected. In place of the ineffective regulation the legal specifications apply.