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Terms and conditions for consumer according to § 13 BGB
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§1 Scope
(1) The following terms and conditions (Terms) apply to all contracts, deliveries and other services, including consulting services for the business relationships with our customers if the customer is a consumer (§ 13 BGB).
(2) These conditions shall apply exclusively. In individual arrangements made with contractors (including side agreements, amendments and modifications) only take priority over these conditions, if the TWOTHIRDS Clothing GmbH and / or his legal representatives have been confirmed in writing.
(3) Relevant statements and ads that are to be drawn after the conclusion of contractors to the TWOTHIRDS Clothing GmbH and / or his legal representative (such as deadlines, defects, notice of cancellation or reduction) that need to be in writing.
(4) Reference to the scope of legal regulations, only clarification purposes. Even without such clarification, therefore, the statutory provisions, unless they are in these Terms directly modified or excluded.
§2 Contract
The sales contract comes into effect with your acceptance of the product. The TWOTHIRDS Clothing GmbH and / or his legal
representatives deliver worldwide, where it is stated otherwise in the item description.
§3 Right
Return Policy
You may revoke your contractual declaration within one month without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods. The period begins with receipt of the goods and this instruction in writing. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to: TWOTHIRDS Clothing GmbH, Kronsforder Alle 130, D-23560 Lübeck, or by e-mail retour@twothirds.com or call +49/451/1212892.
Consequences:
In the event of a cancellation the mutually received benefits shall be returned and surrendered if necessary pulled uses (eg customs advantages). Can you give us the performance received whole or in part, or only in deteriorated condition, you must pay us compensation for the value. With the surrender of things this does not apply if the deterioration of the case only on the test as it would have been possible in a store - is due. In addition, you can avoid the compensation obligation by not taking the goods as an owner and everything that could reduce its value. Attention: parcel things are to be returned. You have to bear the cost of return if the delivered goods ordered and if the price returned the case of an amount of 40.00 is not surrendered, if at a higher price the thing at the time of the revocation yet the return or a contractually agreed part payment have provided. After the timely return of the purchase the agreement is dissolved. Payments already made will be refunded.
End of the cancellation
§3.1 Returns
In case that the TWOTHIRDS Clothing GmbH has to bear the costs of the return, the shipping costs will be reimbursed.
§3.2 Disposal of packing and shipping material
In accordance with the provisions of the Packaging Ordinance, we are committed to take back the packaging and shipping material for our products that is not the sign of a system of disposal (take for example the "Green Point" of the Dual System Germany or the "RESY" symbol) and to ensure its reuse or disposal.
To further clarify the return of such products, please contact us: the TWOTHIRDS Clothing GmbH Englesgrube 25, D-23552 Lübeck, Tel: +49/451/1212892 or e-mail to retour@2thirds.com. We give you a list of local collection points or a waste disposal company in your area, which receives the packages for free. If this is not possible, you have the option to send the package to us (the TWOTHIRDS Clothing GmbH, Englesgrube 25, D-23552 Lübeck). The packaging will be reused or will be disposed by us in accordance with the provisions of the Ordinance.
§4 Warranty
In general, the statutory guarantee period is 24 months. Everything that goes beyond the 24-month warranty, is covered by the voluntary manufacturer's warranty, which can be pronounced a case of varying duration. If delivered items obvious material or manufacturing defects, which includes shipping damage, so please claim such mistakes to us or the delivery person. Missing this complaint, however, has no consequences for your legal rights. For all during the statutory warranty period occurring defects of the goods subject of your choice the legal claims for remedy, to repair / replacement, and if the statutory conditions, the further claims to reduction or withdrawal as well as damages, including compensation for damages instead of performance and the replacement of your futile expenses. Unless we grant you a vendor warranty, the details are out of warranty terms, the delivered items are attached. Warranty claims are without prejudice to the legal claims / rights.
§5 Delivery Methods and Delivery
General
Deliveries are made with a carrier of our choice. Please note that the delivery service try to deliver three times before the package returns to us. Therefore please do a delivery address where the package can also be assumed. If you can not even be at home, you usually get a notice from the postman. The obligation to deliver shall not apply if we are not even supplied correctly and on time and not responsible for the lacking availability. In non-availability of goods, we will notify you immediately and any advance payment will be refunded immediately.
Minimum order
There is no minimum order.
Returns
We raise costs in the amount of 7,00 EUR for deliveries within the European Union (EU) and Switzerland. For deliveries outside Europe (except Switzerland) additional charge of 15,00 EUR. In case of partial shipments, the fee is charged only once. In a joint dispatch of items from multiple orders pay only one time shipping charge. The ability to collect the goods from our warehouse without charges is also possible by prior arrangement . When ordering, be omitted from an order value of 100.00 the shipping costs. The costs relate only to domestic amounts.
§5.1 Delivery
All items are usually ready for shipping to within one working day of payment. Otherwise, the delivery information is valid in the item description. Notavailable articles can delay the delivery time. In general, you will be informed by e-mail.
§6 Payment
Prepayment
Immediately after payment you will receive the goods.
Our account is:
HypoVereinsbank ex VereinWest
BLZ 20030000
Account 638763672
IBAN DE58200300000638763672
BIC / Swift HYVEDEMM300
Prepayment via PayPal
Immediately after payment you will receive the goods.
Our PayPal account is:
paypal@2thirds.com
§7 Retention of title
The goods until payment in full property of the TWOTHIRDS Clothing GmbH and its legal representatives.
§8 Data Protection Statement
General
The collection, storage and use of personal user data (eg name, address, e-mail address, telephone number) is done exclusively by the strict regulations of the Federal Data Protection Act (BDSG), the Teleservices Data Protection Act (TDDSG) and other data protection provisions. All personal data is treated confidentially. The information submitted with the order of the buyer data are processed in connection with the settlement of the contract and saved. In order to process and deliver your order to be able to give us your information only to continue with the delivery of each of the designated delivery service. There is no transfer of data to third parties. Privacy in obtaining ancillary services, if the user logs on to our Web site to order a newsletter, or to participate in a lottery or the functions use a guest book are collected the data entered for the purpose of mailing the newsletter or for information of the user in case of win , stored and processed. Furthermore, the TWOTHIRDS Clothing GmbH and / or his legal representative is entitled to access this data to ensure the operational nature of these services. Should not these services will be eligible to do so can be withdrawn at any time in writing or by e-mail.
Privacy in sending the newsletter
We can save your e-mail address to keep you informed with a newsletter about the latest news in our shop. You can unsubscribe from the newsletter at any time by using this easy link directly in the newsletter or send us a message.
The right to information
On request we will inform each user writing in accordance with applicable law whether and what personal data concerning him are stored. Such requests may be submitted to store@2thirds.com.
Note:
You can the use, processing and transmission of your data for marketing purposes at any time by notice to the TWOTHIRDS Clothing Ltd., Kronsforder Allee 130, 23560 Lübeck, contradict or revoke your consent. After receiving your objection or revocation, we will use the affected data not for marketing purposes and to process and cease forwarding of advertising material without delay and / or not disclose your information for marketing purposes.
Changes to Privacy Policy
The TWOTHIRDS Clothing GmbH and / or his legal representative reserves the right to change this privacy policy at any time in accordance with applicable data protection regulations.
§9 Prices
The prices at the time of order. All prices are final prices in Euro including VAT.
§10 Dealer data
TWOTHIRDS - Headquarters
Calle de Narrica 1-1 Izqa.
ES-20 003 San Sebastián, Basque Country
info@2thirds.com
www.2thirds.com
TWOTHIRDS Clothing GmbH
CEO Sergio Penzo, Lutz Schwenke
Seat Kiel - Kiel HRB 11 930 AG KI
VAT No. DE264916570
TWOTHIRDS - Logistics & Distribution
Englesgrube 25
D-23552 Lübeck
T +49/451/1212892
F +49/451/1212891
store@2thirds.com
www.2thirds.com
§11 Liability for External Links
The TWOTHIRDS Clothing GmbH and / or his legal representative made reference to their pages with links to other sites on the Internet. For all these links, the TWOTHIRDS Clothing GmbH and / or his legal representative expressly states that it has no influence on the design and content of the linked pages. We distance ourselves from all contents of all linked pages and do not adopt these contents. This declaration applies to all links and all content of the pages to which links.
§12 Miscellaneous
The terms and conditions can be saved by you for the purpose of the online order on your computer and / or printed. Should one or more provisions of these Terms is invalid, then this does not invalidate the entire Terms for themselves. The ineffective regulation is replaced by the relevant statutory provisions.
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Terms and conditions for entrepreneurs according to § 14 BGB
§ 1 Scope
(1) The following terms and conditions (Terms) apply to all business relationships with our customers if the customer is an entrepreneur (§ 14 BGB), a legal entity under public law or a public special assets. The terms shall be in their current version as a framework for future contracts for the sale and / or the supply of goods with the same buyer, without us having to refer back to them in each case.
(2) Our terms are valid. In individual Individual arrangements made with you (including side agreements, amendments and modifications) only take priority over these AVB, if they are confirmed in writing.
(3) Relevant statements and ads that are under contract to deliver us from you (such as deadlines, defects, notice of cancellation or reduction) that need to be in writing.
(4) reference to the scope of legal regulations, only clarification purposes. Even without such clarification, therefore, the statutory provisions, insofar as they are not in this GCS directly modified or excluded.
§ 2 Conclusion Price and payment terms
(1) Our offers are non-binding. This is true even if we have catalogs, product descriptions or other documents - leave in electronic form - in which we are property and copyright notice. Unless otherwise specifically agreed, subject to our respective current at the time of concluding the contract prices, in stock, plus value-added tax.
(2) The order of the commodity by you as a binding contract offer.
(3) The acceptance by written confirmation or by delivery of the goods to you.
(4) Invoice date is the delivery of the goods. The purchase price is payable after invoicing. Instead of the usual payment terms, we may also by agreement on delivery, advance payment or provide other agreed payment terms with you.
(5) Upon the expiration of the above payment period you are in default. The purchase price is during the delay with 10% pa to pay interest. In the second reminder will be overdue fines in the amount of 2,50 EUR for the third warning overdue fines in the amount of 5.00 EUR, for the fourth such warning due in the amount of 10.00 EUR. After the 4th Warning be given to a claim of a debt collection company. Thereby developing extra costs are yours.
(6) If, after conclusion of the contract, that our claim is vulnerable to the purchase price due to the inefficiency of the buyer (eg application for insolvency proceedings), we are entitled under law to refuse service and to cancel the contract (§ 321 BGB). For contracts for the manufacture of irresponsible things (custom made), we can declare the resignation immediately, and the legal regulations are not providing that the deadline.
§ 3 Shipping costs
Deliveries are made with a carrier of our choice. Transport costs you wear. The shipping charges are for orders that are not generated through the online shop, with 7.00 EUR charge a flat rate per case. For orders made through the online store deliveries, a net goods value exceeding EUR 100,00, free. For deliveries under this value will be calculated shipping in the amount of 7.00 EUR per carton. This applies to deliveries within the EU in the standard service. With all the shipping costs for packaging, shipping papers and by regular conventional transportation and delivery charges are settled. Should or must a supply to meet an agreed in writing by express delivery, courier or similar service, the additional costs incurred for this purpose at your expense.
§ 4 Retention
They are to set off against our claims only if your counterclaims have been legally established, we have recognized this and if your claims are not disputed. This also applies if you make complaints or counter claims. As a buyer, you may conduct a lien, but only if your claim is based on the same contract.
§ 5 Delivery time and delivery delay
(1) The delivery dates or deadlines are exclusively non-binding, unless they are between you and us have been expressly agreed as binding.
(2) the occurrence of delay in delivery shall be governed by the laws. In each case, however, a warning is required by you.
(3) If we are unable to provide expressly agreed as binding deadline at fault or if we get another reason to delay, then you need to set us a reasonable grace period to effect our performance. If we let this grace in vain, you are entitled to withdraw from the contract. If we binding delivery deadlines for reasons that we are not responsible for compliance can not (impossibility of performance), we will inform you of this immediately and simultaneously inform the expected new delivery date. If the performance is not within the new delivery period, we are entitled to withdraw all or part of the contract, a contribution already made, we will immediately refund.
(4) If the delivery delay is due to the culpable breach of a contractual duty or the culpable breach of an obligation which the proper execution of the agreement possible at all and on their compliance with trust regularly as a buyer must not and we have to hold this duty, we are liable under the law. In the case of simple negligence, our liability is limited to foreseeable and typical damage.
§ 6 Delivery, risk, acceptance, delayed acceptance
(1) Delivery is from stock, where the performance is. At the request of the buyer the goods are shipped to another destination (mail order purchases). We are always to make partial deliveries and partial performance if this is acceptable to you.
(2) The risk of accidental loss and accidental deterioration passes with the delivery, the dispatch of purchase with delivery of the goods to the carrier, the carrier or otherwise to execute the dispatch specific person or institution. If acceptance is agreed, it is decisive for the transfer of risk. Also in other respects, according to an agreed acceptance of the statutory provisions of the law on works contracts. The surrender or acceptance is the same, if the buyer is in default of acceptance.
(3) If you fail to accept delivery, an act of cooperation or delayed delivery from our other, by you for reasons, we are entitled to demand compensation for any resulting damages, including additional expenses (such as storage costs).
§ 7 Retention of title
Until full payment of all our present and future claims under the purchase agreement and the ongoing business (secured claims), we retain the title to the goods sold.
§ 8 Color, names and sizes
In our publications (catalog, Internet, etc.) specified color names and sizes are subject to any standards. Conclusions on specific dimensions or color images are based on this information is not possible. In so-called Slim-Fit/Body-Fit-Shirts, the size runs do not match the unisex items. The same goes for women's and men's shirts. It is obvious that women's shirts are cut differently than the corresponding Mr shirts even though the size specification is completely identical. The same color code can be in different models or different articles look completely different. Unfortunately, this can not solve this problem by the color bars printed in the catalog. Each printed color bars appear in the catalog under different light sources different and represent a Textilfarbgebung to 100% in the paper print is almost impossible. Variations in size and color of the reasons why generally no shortage claims. The goods returned under § 11 of them of course, remains unaffected. should be noted here insistently to the fact that each article of cotton textile and cotton blend before you wear to be laundered. Because of the (completely safe and harmless) residues in textiles occur in immediate wearing unwashed especially under UV light to chemical reactions between perspiration and the residues. The resulting Farbbeeinträchtigungen persist even after subsequent washes. Complaints or claims are excluded for this in the rule.
§ 9 Claims of the buyer
(1) If the delivered item is not between you and us have agreed quality or they are not generally in accordance with our contract assumed or the use is, we are obliged to fulfill. This does not apply if we are entitled under the statutory scheme to decline the substitution. You must give us a reasonable time limit.
(2) your warranty claims require that you are your statutory inspection and notification duties (§ 377, § 381 HGB complied). Complaints must be notified at the latest within 3-4 working days - in case of hidden defects immediately after the announcement in writing to - to us.
(3) Rejected goods to us shall be made at an agreed date at an agreed-site. If the goods have already passed it or distributed to multiple recipients, the costs for the collection of the disputed product at our expense.
(4) The for damages due to a defect can only maintain that if the supplementary performance has failed. This does not affect your right to further claims for compensation to the following conditions to be asserted.
§ 10 Other liability
(1) Unless this GCS, including the following rules otherwise, we will be liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions.
(2) we are liable for damages - for whatever legal reason - in case of intent and gross negligence. We are only liable for ordinary negligence
a) for damages resulting from the loss of life, limb or health,
b) for damages for the breach of a contractual obligation (obligation, the fulfillment of the proper execution of the contract at all possible and in compliance with the contractor regularly familiar and may rely), in which case our liability is, however, to the replacement of the foreseeable, typically occurring damage.
(3) from section 2 resulting liability will not apply if we have fraudulently concealed a defect or gave a guarantee for the quality of the goods. The same applies to claims of the buyer according to the product liability law.
(4) Because of a deficiency, which is not a defect, the buyer may cancel or terminate only when we are responsible for the breach of duty. A free cancellation of the buyer (in particular under § 651, § 649 BGB) is excluded. In addition, the statutory requirements and legal consequences.
§ 11 Returns
(1) The return is as good as new goods as provided in paragraph 2 and 3 will be accepted if the delivery is not more than four weeks ago.
(2) If the reason for the return of a supplier error, we'll collect the goods from you. The collection can be requested by phone, fax or e-mail. Possible the return of the goods by you. The cost of the return will be borne by us if they do not exceed the cost of collection. After Retour receive a credit to the value of including all costs in full.
(3) If no supplier error, please send us the goods with a return receipt. In this case you will receive after processing Retour a credit to the value less 15% handling cost, minus a minimum of EUR 5.00. Shipping costs are not credited in this case.
§ 12 Limitation
(1) The mutual claims of the parties barred under the law, as long as nothing else is intended.
(2) Notwithstanding § 438 Section 1 No. 3 BGB the general limitation period for claims for factual and legal defects one year after delivery. If acceptance is agreed, the time begins to decline.
(3) Special legal special rules for collateral rights of third parties (§ 438 Section 1 No. 1 BGB), for claims in the vendor recourse (§ 479 BGB) and for in § 10 section 2 and 3 in damages. In these cases the provisions of the statute of limitations.
§ 13 Applicable law and jurisdiction
(1) For this AVB and all legal relations between you and us is the law of the Federal Republic of Germany to the exclusion of all international and supranational (contract) laws, particularly the UN Sales Convention. Requirements and effects of retention of title according to § 6, however subject to the law of the respective storage location of the case, so far as it made the right choice in favor of German law is invalid or ineffective.
(2) If the buyer is a merchant in terms of the Commercial Code, a legal entity under public law or a public special fund, the exclusive - and international - of jurisdiction for all disputes directly or indirectly from the contractual dispute arising our of business. However, we are also entitled to take action at the general jurisdiction of the buyer.
§ 14 Severability clause
If any provision of these GTC in whole or in part, be or become ineffective, or if they contain a gap, the validity of the remaining provisions or parts of such provisions. Instead of the invalid or missing regulations the relevant laws.
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