of Jen Gilpin, Torstrasse 161, 10115 Berlin-Germany, E-Mail: firstname.lastname@example.org.
These Standard Terms and Conditions apply to all declarations of intent, contracts and contractual acts or acts similar to contracts of regarding the purchase of goods via the website http://www.dstm.co/, run by Mrs. Jen Gilpin (hereafter referred to as “DSTM”), with her customers (hereinafter referred to as “customer”). Counter-confirmations from the customer with reference to his own standard terms and conditions and/or purchase terms are expressly objected to; these shall not constitute a part of agreements, unless the terms and conditions are expressly confirmed in writing by DSTM.
2.1 Within the meaning of these Standard Terms and Conditions, a consumer shall be an individual who concludes an agreement for a purpose which cannot be attributed to either his commercial or his self-employed professional activities.
2.2 Within the meaning of these Standard Terms and Conditions, a merchant shall be any customer acting in exercise of his commercial or self-employed professional activities on conclusion of the contract.
3. Conclusion of agreements
3.1 The range of products in the catalogues and on the website of DSTM is without obligation. With their order, customers submit a binding offer for the conclusion of a purchase contract. The confirmation of receipt and possible status reports subsequently sent by DSTM do not represent any acceptance of the offer. DSTM can accept the Customer’s order within five days following receipt of the order by means of an express declaration. The agreement is entered into upon receipt of the declaration of acceptance (order confirmation). The dispatch of the ordered goods and the confirmation of dispatch to the customer shall be deemed to be the equivalent of an express declaration of acceptance by DSTM.
3.2. Any agreements will be made in English language.
Unless otherwise agreed, in case of orders from the EU, DSTM shall send the ordered goods to the stated delivery address within the EU. Shipping times are generally as follows:
Within Germany 3 to 4 days
Within the EU within 1 week
Shipping worldwide within 2 weeks
4.2 The exact delivery times depend on the respective product. The availability of each product is shown on the website of DSTM by means of symbols and corresponding explanations. Depending on the chosen type of shipment delivery is then made within the usual shipment time from Germany. The customer will automatically be informed by email in case of a change to the expected shipment date after he has placed the order. Insofar as the customer is a consumer he shall then be entitled to cancel the order or make changes free of charge at all times before delivery, unless otherwise expressly agreed between DSTM and the customer.
5. Prices, shipping costs, payment
5.1 The prices at the time of order are valid. All prices are inclusive of the German VAT at the current rate and are exclusive of packaging and shipping costs, which are stated separately in the order. Upon order of a forwarding service with the transport of the ordered goods to countries outside of the EU, additional fees and customs may accrue, which shall also be paid by the customer.
5.2 Payment can only be made by credit card as offered on the page.
6. Withdrawal from contract of Sale (Return)
If you are a consumer, the following instructions do apply.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Jen Gilpin, DSTM, Torstrasse 161, 10115 Berlin, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, not including the costs of delivery, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Withdrawal from contract of Sale (Return) from outside of the EU
Any package that is sent into or out of the EU passes through customs and therefore requires an invoice, which describes the contents of the package and their exact value.
If the package being sent back to DSTM from outside of the EU is a return, then upon shipping it must be declared as a return and a copy of the invoice (stating the exact value of the goods) must be included inside the package alongside the goods, The value of the declared return should match the invoice exactly.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract of sale)
Jen Gilpin, DSTM
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
In the event of a defect to the object the customer shall request subsequent performance from DSTM. If the customer sets a time limit for this, it must be reasonable.
8. Limitation periods for warranty claims
8.1. Claims based on defects of quality shall expire at the end of a period of two years from delivery of the object.
8.2 The limitation period specified in no. 9.1 shall not apply in case of willful intent or malicious non-disclosure of a defect or insofar as DSTM has assumed a guarantee for the condition of the delivered object.
8.3 The limitation period in no. 9.1 shall not apply either to claims based on defects of quality in the cases of injury to health and safety, to claims under the Product Liability Act, in case of a grossly negligent breach of duty or with culpable breach of material contractual obligations
9.1 Claims for damages for a breach of duty and in tort, and claims for reimbursement of futile expenses, are excluded with regard to both DSTM and its employees and vicarious agents.
9.2 This limitation of liability shall not apply, if the damage was wilfully caused or by gross negligence, or on a breach of material contractual obligations, meaning contractual obligations that enable proper enforcement of the contract in the first place and which the contractual partner can rely on to be fulfilled on a regular basis, and which endanger reaching the purpose of the contract, if they are violated. It shall not apply to damage caused by injuries to health and safety, either, if DSTM is responsible for the breach of duty. The limitation shall not further apply to damage that is caused by the absence of a warranted quality or for which liability is stipulated under the Product Liability Act.
Statutory provisions do apply with regard to warranty.
11. Exclusion of set-off
The customer is not entitled to set-off. The exclusion of set-off shall not apply, if the counter-claims are not disputed by DSTM, if they are declared final and absolute or are ready for a decision.
12. Data protection
DSTM uses the data provided by the customer, such as name, address, telephone number, fax number and email address, solely for processing the order and for other contractual relations with the customer. Data will not be forwarded to third parties. The data protection practice of DSTM is in line with the Federal Data Protection Act (BDSG) as well as the Teleservice Data Protection Act (TMG).
13. Legal information concerning the contents of the websites
The content of the websites of DSTM is created and updated at considerable financial expense. The content of the websites of DSTM may only be used for providing information to the customer for own requirements. Any use of the contents in excess of this or a link with the contents for commercial purposes is not permitted. This applies irrespective of the legal capability of protection in particular for watermarks and other marks of DSTM, for images, product descriptions, product data and other product information. The customer acknowledges the above restrictions of use of the contents of the websites of DSTM.
14. Final provisions
14.1 The laws of the Federal Republic of Germany shall apply exclusively to this agreement. The applicability of the UN Sales Convention is excluded. If the customer is a consumer, the mandatory consumer protection provisions which apply in the state in which the customer has his customary place of residence are also applicable, insofar as these offer further protection the customer.
14.2. If the customer is a merchant, a legal entity under public law or special fund under public law the exclusive judicial venue for all claims arising from the contractual relationship is Berlin.
Berlin, June 2014