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General terms and conditions for Alex Baresi , Björn Karl & Alessandro Vacchieri Gbr (“Sellers”), Innsbrucker Ring 11, 81673 Munich, valid from November 1, 2007
1. Contract Conditions
Delivery and services are based exclusively on the following general terms and conditions (“Terms and Conditions”). These Terms and Conditions shall apply to all future business transactions even if they are not specifically reiterated. These Terms and Conditions are legally binding upon the placement of any order, or at the latest, upon acceptance of goods or services. Changes in these Terms and Conditions are only valid if they have been confirmed in writing by Seller.
2. Payment
Seller accepts CODs, advance cash payment, credit cards or Paypal.
When placing international bank transfers, all transfer fees must be included with the full payment due, and transferred to Seller’s bank account. Seller will provide bank information for advance payments.
3. Prices and Payment
All offers are subject to change and are without obligation. Orders require personal (not automatic) confirmation from the seller via email or post. An invoice is valid confirmation. Product invoices are to be paid without deductions by COD or by advance payment. Payment is considered complete when the funds are available to the Seller, or when the check has cleared. In case of payment default, a default charge will be applied at 4% above the applicable valid discount interest rate. Seller reserves the right to assign past due payments to a third party for collections. Buyer acknowledges and accepts responsibility for any costs incurred by buyer’s default and for any collections procedures resulting from such default. The catalog prices include sales tax and are valid until further notice.
4. Delivery Dates and Deadlines
Seller will use best efforts to meet all delivery dates and deadlines and process orders as quickly as possible. Delivery times are, however, estimates only and are not binding unless otherwise agreed by the parties in writing. If products are on backorder, require further manufacturing or are shipped from outside of the country, delivery times may be delayed for several weeks. Delays in delivery due to acts of nature or other causes beyond Seller’s control which hinder or otherwise impede delivery will void any written agreements made regarding delivery dates and deadlines. This includes production interferences, strikes, changes in government regulations, etc. In case of such complications, seller reserves services until the difficulty is resolved, or to withdraw fully or partially from this contract as applicable. Payments already made will be returned within 30 Days.
If written definite delivery deadlines are not met, Buyer has the right to withdraw from this contract after allowing the seller a final grace period of fourteen (14) days. If the delivery is still not fulfilled by the end of this grace period, the order will be cancelled.
5. Terms of Delivery
Seller ships exclusively via insured post or DPD. Shipping costs shall be paid by Buyer. The standard cost of shipping within Germany is 6.50 Euro, in Europe 12.50 Euro. Deliveries to all other countries will always be 39,00 Euro. Deliveries by COD do not include credit card payment charges.
If an appreciable portion of the order is in stock, partial delivery may be made. Any subsequent deliveries will be free of charge. Only one shipping fee will be charged per order. Subsequent deliveries requested by Buyer will incur the usual shipping fees.
6. Right of Withdrawal
According to the German civil code, you have the right to cancel the contract for the purchase of any item within 2 weeks of delivery. You are not required to give reasons for the cancellation (nevertheless we would appreciate to learn about your reasons) and declare the cancellation in written form (e.g. by letter, fax, email) or by sending back the item (product sets are to be returned completely) to:
Karl & Vacchieri Gbr.
Innsbrucker Ring 11
81673 Muenchen
Fax: 0049-89-20181695
Email: info@alexbaresi-shop.eu
Right of withdrawal is not valid for distance selling contracts under § 312d BGB (German Civil Code) if:
1. the product is manufactured according to Buyer’s specifications or according to Buyer’s personal needs, or if the product’s composition makes it unsuitable for return delivery, or
2. the seal on audio or video material or software has been broken, or
3. the delivery consists of newspapers, periodicals or magazines.
This period starts after the receipt of these legal instructions in written, but not before the receipt of the items ordered (in the case of delivery of items of similar type not before the receipt of the first part delivery). To meet the 2-weeks-deadline, it is sufficient to either declare the contract cancellation or to dispatch the items on time. The customer has no right to cancel the contract in case the items have been produced exclusively according to your individual orders or are meant to fit your personal requirements or are not suitable for a return due to their nature.
Consequences of Cancellation:
In the case of a cancellation, the customer is obliged to return the items. We shall refund the relevant part of the purchase price of the item(s). In the case that the item(s) is/are returned only partly or in a worsened condition, the customer might be obliged to pay compensation for this. In the case that the worsening is the result of the item is a result of a simple check as it would take place in a shop, the aforesaid shall not apply. Apart from that the obligation of payment of compensation for using the item in accordance with the intended use can be avoided by not using the item like his or her property and by doing nothing disturbing the value of the item. Item capable to be shipped as a parcel shall be returned at our risk.
In the case of exercising the right of revocation, the charges for the return shipping is borne by the customer when the items were delivered in accordance to the order and the price of the items is below € 40. The same applies when in the case of a higher price of the item, when the customer has not yet accomplished the counter-performance or a part payment contractually agreed upon. Otherwise, the return shipping is free of charge for the customer and we return your payment within 30 days.
Items not capable to be shipped as a parcel shall be collected at the customer.
7. Warranty
Buyer must inform Seller of any production mistakes, material flaws or transportation damages as soon as possible. Legal claims for supplementary performance, repair or replacement apply to all product defects occurring during the legal warranty period as do further claims for reduction or withdrawal should the legal conditions be met.
If Seller has granted a guarantee, the details are based on the conditions of the guarantee that accompanies the product. Warranty claims are retained irrespective of legal claims or rights. Please clean products made of latex, patent leather, and fetish material with appropriate cleaning solutions and follow the care instructions. Slight variations in color, within usual guidelines, i.e. printing errors, are not considered damage.
8. Reservation of Proprietary Rights
Deliveries are made under the reservation of Seller’s proprietary rights. Any delivered products remain Seller’s property until payment is received from Buyer.
9. Limitation of Liability
Claims for damages due to impossibility of performance, breach of contract, default after termination of this contract, and unauthorized handling are only valid in case of deliberate or gross negligence. In particular, claims for damages against Seller are invalid if the damages caused to the Buyer or a third party are the result of the Seller’s product being used as anything except decoration or clothing.
10. Limitation of Liability for Links
Seller has links to other sites on Seller’s website. Seller has no influence on the design and content of those linked sites. Therefore, Seller is not responsible in any way for those third party linked sites and does not regard their content belonging to Seller. This declaration is valid for the content of all third party sites as well as the links themselves.
11. Data Protection
All of Buyer’s personal information will be treated confidentially. Any personal information relevant to the transaction will be processed electronically according to legal regulations. If necessary for the completion of the transaction, data may be given to contracted third parties. For deliveries paid for by invoice or credit, personal data may be transferred to the Schufa, 65023 Wiesbaden for credit checking purposes. During data processing, Buyer’s personal data will be protected according to legal regulations.
12. Final Provisions
These General Terms and Conditions are governed by the laws of the Federal Republic of Germany. If the buyer is a registered trader, the contractual relationship shall be governed by Munich law.
Nullification of any of the provisions herein shall affect neither the validity of the entire agreement nor the validity of any other of these General Terms and Conditions.
All graphic and textual materials on this website are protected by Seller’s copyright or the manufacturer’s copyright and may not be used or reproduced (with or without compensation) without explicit permission. All content is exclusively for private use.
Any infringement will be prosecuted. Unlawful proprietary use of graphics will result in a usage fee of Five Thousand (5000) Euros per graphic or text. This also pertains to graphics found in Seller’s gallery and manufacturer’s photos that have been altered by Seller. If Seller’s catalog or productions are acquired on CD or downloaded, behold the user to store the catalog or CD on an place who is not reachable by minors.
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