General Terms and Conditions of Business - design3000 GmbH
§ 1 General - Scope
1. The following terms and conditions apply to all business activity between design3000 GmbH and the customer. The version is valid that is applicable at the time the contract was concluded.
2. Under our terms and conditions customers are considered to be natural entities that enter into a business relationship but do not act as independent contractors or as a commercial business. Under our terms and conditions companies are considered to be natural or legal entities or private companies, who enter into a business relationship acting as independent contractors or as a commercial business.
Under our terms and conditions customers are both customers and independent contractors.
3. Agreements which deviate, supplement, or are in opposition to the general terms and conditions of business will not be considered to be part of the contract, unless their validity is explicitly agreed to in writing.
§ 2 Conclusion of the Contract
1. Our offers are subject to change without notice. We also reserve the right to make technical modifications and other changes as long as they are reasonable.
2. By placing an order the customers makes a legally binding offer to contract. We will immediately confirm receipt of the customer's order. Confirmation of receipt does not require us to accept the order. However, confirmation of receipt can be made together with the declaration of acceptance.
3. We are entitled to accept the contractual offer which is part of the order, for a period of three business days after receipt. We are entitled to reject the order after examining the creditworthiness of the customer if necessary. We are entitled to limit the size of orders if the order exceeds the usual quantity.
4. The conclusion of the contract is based on our reserved right to delay delivery or make only partial deliveries in cases where our suppliers do not deliver in a proper or timely fashion. The customer will be informed immediately if orders are not available or only partially available. Any advanced payment will be promptly refunded.
5. The wording of the contract is stored digitally by us and sent to the customer via e-mail after the contract is concluded along with the terms and conditions that take effect.
3.1. Cancellation Terms
Right to Cancellation
You may cancel your contract in writing (e.g. letter, fax, e-mail) without stating a reason within 14 days or by returning the merchandise before expiry of the revocation period. The revocation period begins after receipt of this notification in writing, but not before the goods have been received by the recipient (in the case of recurrent deliveries of similar goods, then not before receipt of the first partial delivery) and also not before fulfilling our information requirements under Section 246 § 2 in connection with § 1 paragraph 1 and 2 BGB (German Civil Code) as well as our obligations under § 312g paragraph 1 sentence 1 BGB in connection with Section 246 § 3 BGB. Sending notification of cancellation or returning the merchandise within the revocation period is adequate. The notice of cancellation or the return of merchandise must be sent to:
Design 3000 Vertriebsgesellschaft mbH, Robert-Bosch-Straße 14
Effects of Revocation
In the event of a valid cancellation, each party shall surrender any received goods and services and any eventual profit derived therefrom (e.g. interest). If the received goods and services cannot be returned in their entirety or at all, or can only be returned in a deteriorated state, then the customer will be liable to pay compensation to us accordingly. Compensation is due only if the returned goods and services display usage or deterioration that is beyond what is considered normal when inspecting and handling the goods.
"Testing quality and functionality" refers to inspecting and evaluating the respective goods as you normally would have been able to in an ordinary retail store.
In cases of revocations and returns, the risks of shipping transportable goods are borne by us. The consumer will bear the normal cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros or if, where the price of the goods is higher, the consumer has at the date of revocation not yet given consideration or provided a contractual partial payment.
Otherwise, returns will be at no charge to you. Non-shippable items will be picked-up at your address. Reimbursement requests by the customer must be made within 30 days. The revocation period for you begins when you have sent notice of cancellation or have returned the goods, and for us it begins upon their receipt.
End of Cancellation
The right of revocation or cancellation does not apply to distance contracts for delivery of goods that have been custom made according to the customer’s specifications or have been clearly tailored after their personal needs or, due to the nature of the products, are not suitable for return because of quick spoilage or their expiration date has passed.
3.2 Personalized Goods
The right of cancellation does not apply to distance contracts for delivery of goods on orders where customers specifications apply or are clearly tailored to personal specifications or, due to there nature, are not suitable for return or spoil quickly or whose expiration date would be exceeded.
3.3 Right of Return at Design3000 GmbH – 100 days
For all purchases made through Design3000 GmbH in Germany and Austria, Design3000 GmbH will grant a right of return of a total of 100 days, which goes beyond the statutory right of withdrawal. Subsequent to the statutory revocation period (§ 3.1), a customer can withdraw from the contact by returning the goods to Design3000 GmbH within 100 days of receipt. The revocation period begins with the date of dispatch of the goods. The extended right of return offered by Design3000 GmbH applies only to unused merchandise in the original packaging. Gift certificates are exempt from this offer.
§ 4 Agreement to Bear Costs on Returns
When you exercise your right to cancel, you must bear the normal cost of returning the goods if the price of the goods to be returned does not exceed an amount of 40 euros or if, where the price of the goods is higher, the consumer has at the date of revocation not yet given consideration or provided a contractual partial payment. Otherwise, returns are at no charge.
§ 5 Terms of Delivery, Delivery Times, and Charges
To view our current shipping rates please refer to "FAQ/Help" found on the top of our home page. When redeeming a gift certificate, a promotional action code or any other discount offers, the shipping costs are calculated according to the total value of the order without deducting the redeemed gift certificate, promotional action code or any other discounts granted.
§ 6 Due-date, Payment, and Arrears
1. The price of the offer is binding. The legal amount of VAT is included in the price.
The applicable standard shipping charge for this order as outlined under § 4 "Delivery" is added to the price of the mail order purchase.
Payments by credit card, advance payment, cash on delivery or Paypal as outlined under the conditions of § 6. For customers with a billing address outside of Germany, payment method per invoice is not available.
2. Late payments will be assessed an interest penalty at 5% above the base interest rate for the period the customer is in arrears.
Late payments will be assessed an interest penalty at 8% above the base interest rate for the period an independent contractor is in arrears. We reserve the right to assess an independent contractor with a higher interest charge.
§ 7 Offset, Right to Refuse Payment
The customer is entitled to an offset if his claims for compensation are determined to be legally valid or they are accepted by us.
The customer may exercise a right to refuse payment only if the counterclaim is based on the same contractual relationship.
§ 8 Retaining Ownership
1. We reserve ownership rights to the property until the customer has paid the purchase price in full. For independent contractors we retain ownership rights of the goods until full payment for all invoices relating to the ongoing business transaction are received.
2. The customer is obligated to inform us if third parties have a legal attachment against the goods and to inform us immediately concerning damage or destruction of the goods. The customer is obligated to inform us immediately concerning a change in the possession of the goods or a change in the customer's address.
3. We are entitled to rescind the contract and demand return of the goods if the customer is found to be in breach of contract, declared to be in default of payment, or infringements of duties occur as outlined in § 2.
4. The independent contractor is entitled to resell the merchandise during the normal course of his business operation. The independent contractor immediately assigns to us all income rights that are associated with the resale of the goods to a third party until our invoices are settled. We hereby accept this transfer of rights. The independent contractor is still entitled to collect on open accounts with third parties even after assignment of ownership rights to us. We retain the right to collect these debt claims if the independent contractor no longer meets his payment obligations in a timely manner and is declared to be in default.
5. Handling and processing of the goods by the independent contractor always takes place on behalf of us and in our name. We retain ownership of newly processed items in proportion to their original value as supplied by us prior to any reprocessing with materials foreign to us. The same applies if the product is mixed with other materials foreign to us.
§ 9 Warranties/Liability Limitations
1. The customer may choose between subsequent improvement and replacement of defective goods delivered. We are entitled to refuse the method of subsequent improvement if the costs are disproportionate to the value of the goods and an alternate method does not adversely affect the customer. For independent contractors we reserve the right to choose between subsequent improvement and replacement delivery if the goods are defective.
2. If subsequent improvement fails, the customer can choose between a reduction in the purchase price, cancel the contract, or demand compensation in some other form. If the customer chooses compensation instead of performance then the liability limitations apply as outlined in numbers 5 and 6 that follow. Insignificant defects do not entitle the customer to withdraw from the contract.
3. Independent contractors must inform us in writing concerning any obvious product defects within one week after receipt of the goods; otherwise warranty claims can no longer be asserted. Compliance with the deadline is determined by the post date of the correspondence. The independent contractor has the burden of proof for all claims asserted, in particular for the defect itself, for the time during which the defect was discovered, and for the punctuality of reporting the claim.
4. Non-commercial customers are granted a 2 year warranty period starting with the delivery date. Independent contractors are granted a 1 year warranty period starting with the delivery date. Used goods have a warranty period of 1 year after delivery. The one year warranty period does not apply if negligence on our part can be proven or in such cases where injuries, health risks, or loss of life can be attributed to us. Our potential liability under the product liability law remains in effect.
5. Our liability is limited to the predictable and contract typical average amount of damage associated with minor negligent breaches of duty. This also applies for insignificant breaches of duty by our legal representatives or our commercial assistants. We can not be held liable by independent contractors for minor negligence and insignificant breaches of contractual duty.
6. The previously stated limitations of liability do not affect claims made by the customer based on product liability. The liability limitations concerning bodily harm, health risks, and loss of life by the customer non-attributable to us still apply.
7. We are not responsible for the content of third-party websites accessed through links set by us. We do not endorse or adopt any content found on third-party websites. Should we become aware of such third-party web sites containing unlawful content we will immediately block access to these sites.
§ 10 Miscellaneous
Return of batteries / rechargeable batteries
For many of our delivered products, batteries are included. Expired batteries and rechargeable batteries must be properly disposed of through trade or through specially designated collection points (as required by law). Expired batteries can be disposed of free of charge at municipal collection points or can be returned to a local store. If you choose, you may also return the expired batteries to us. Batteries are provided with a symbol that depicts a crossed-out trashcan. For batteries containing more than 0.0005 mass percent mercury, more than 0.002 mass percent cadmium or contain more than 0.004 mass percent lead, the respective chemical symbol Hg (mercury), Cd (cadmium) or Pb (lead) is specified under the trashcan figure
Our packaging is, via the dual system of Vfw GmbH (Reverse Logistic Group, Max-Planck-Str. 42, D 50858 Cologne), certified according to § 6 Paragraph 3 VerpackV.
§ 11 Gift Certificates and Action Codes
1. On our website you have the option to buy gift certificates in the amounts listed for purchases in our online shop. Gift certificates are bought in our online shop via the shopping cart and are payed for by one of the aforementioned payment methods § 6(1). A payment with gift certificates that have already been purchased or are part of a marketing offer with assigned action codes is not possible.
2. Gift certificates can be issued in different formats for your selection per the following: credit card format including a greeting card (gift certificate with a greeting card), electronic in PDF format via e-mail to you (gift certificate for self printing) or via e-mail directly to the recipient (gift certificate by e-mail). Gift certificates in credit card format are sent by mail. We assume no liability for gift certificates lost in the mail or by e-mail.
3. In the event that a gift certificate via e-mail should be sent to a third party, the name and e-mail address of the third party must be given. The information must be correct and complete. We assume no liability for sending a gift certificate to the wrong recipient/destination due to an error in the provided mailing address.
4. The holder of a gift certificate has the authority to use the gift certificate for payment of goods and/or services from an order placed in our online shop in the paid-in amount stated on the gift certificate. A cash payment for the gift certificate amount is prohibited. With regards to using the gift certificate to offset shipping costs, please refer to paragraph 6.3.
5. Every gift certificate has an individual code assigned. Redeeming a gift certificate occurs in the online shop by entering the certificate code during the ordering process. The gift certificate amount will be credited to the purchase price. If during payment the full amount of the gift certificate is not reached, the remaining balance will be credited. If the gift certificate holder places an order and the total amount exceeds the value of the gift certificate, the difference must be payed in the payment process.
6. Gift certificates are valid for 3 years from the date of issue. In the case of loss, theft or damage of a gift certificate ( e.g. illegible certificate code) or misuse or redemption by an unauthorized third parties, we assume no liability and the purchase price will not be refunded. As a courtesy we can block the certificate code and issue a new gift certificate for the same amount, as long as the certificate code in question has not been redeemed and you or the gift certificate holder report the loss immediately.
7. Regarding returns (partial returns) of goods in accordance to paragraphs 3.1 or 3.3, which were paid for by a gift certificate or action code, the following apply:
the value of the amount refunded for the returned goods will be credited to the redeemed gift certificate or action code (as the case may be) or to a newly issued gift certificate or action code (as the case may be)
generally the purchase price in the case of a partial return of goods will be refunded based on the proportional deduction of the discount afforded by the action code on the total order value. If a discount is given via an action code starting at a certain value and this value exceeds the total value of the partial return, the discount will be deducted from the value of the returned goods. For purchases made by a gift certificate and in the event of a partial return, only the value of the returned goods will be refunded excluding the value of the redeemed gift certificate.
8. Action Codes can not be used for reduced products.
§ 12 Personalized or Customized Products/ Photo Products
For products in the shop that can be ordered by customers to be personalized/customized according to the product description, the following applies:
1. The customer is solely responsible for the accuracy as well as the legal admissibility of the content transmitted, especially in regards to photos, images and text. When using their own content, the customer agrees to respect all laws applicable (e.g. criminal law, juvenile law, competition law), and not to infringe on third party rights (personal rights, trademark rights, copyright). We are not obligated to verify for accuracy and legality of the information, images and text content submitted by the customer. Upon a reasonable suspicion of violations against any statutory provisions or on third party rights, we have the right to delete the transmitted content and withdraw from the contract.
2. When fulfilling a personalized or customized order, the customer grants us and our authorized agents the right of usage as required, especially the right of reproduction, on the content provided by them.
3. The customer is aware that for a personalization or customization a certain quality (e.g. image resolution) of the transmitted content may be required, as the case may be.
When implementing the personalization/customization of photographic products, we use an external service (Personello GmbH; Zum Lokschuppen 1; 66424 Homburg). They execute on our behalf the personalization/customization of the products ordered and contact the customer directly with any questions regarding the order. Only the necessary data and content required for processing the order will be disclosed. A further transfer of data for other purposes (in particular for advertising) will not occur. The contractual relationship remains solely between the customer and us and the external service provider is left unaffected, in particular no contractual claims can be brought against the external service provider.
§ 13 Indemnity
The customer shall indemnify us and our employees and any authorized agents, as the case may be, from all third party claims due to an alleged or actual infringement and/or infringement of third party rights made by the customer in connection with actions from this contract, particularly for violations of § 12 of these terms and conditions. In addition, the customer agrees to reimburse all costs incurred due to third party claims. Among the costs to be compensated include appropriate legal defense.
§ 14 Final Provisions, Applicable Law
1. The law of the Federal Republic of Germany shall apply. This choice of law shall only apply to the extent the customer is not deprived of his standard legal rights that would otherwise protect him in his country of residence when not contracting for professional or commercial reasons. The United Nations Conventions on Contracts for the International Sale of Goods is not applicable.
The United Nations Conventions on Contracts for the International Sale of Goods is not applicable.
2. Our principal place of business shall be the exclusive venue of jurisdiction concerning all disputes arising under this contract if the customer is a businessperson, a legal entity under public law, or a public special-purpose fund.
3. Should any individual provision of this contract with the customer, including the general terms and conditions in whole or in part, is or becomes invalid, the validity of the remaining provisions shall not be affected. In such a case, the whole or partially invalid provision shall be replaced by a provision that is closest to ensuring the economic success of the provision being replaced.