Terms & Conditions
§ 1 Area of Application
Upon sending your order, you agree to accept these general contract terms and conditions (the “Terms and Conditions”). The Terms and Conditions shall apply in their relevant version applicable as at the time of sending the order. Purchasing conditions stipulated by the purchaser which are incompatible with these Terms and Conditions shall not be accepted.
§ 2 Conclusion of Contract
Your order shall qualify as an offer to enter into a sales contract only. We are free to accept or not to accept such offer. Sending of an order confirmation is for information purposes only and shall not be considered as an acceptance of the offer. A sales contract shall not be deemed to have been concluded unless the product ordered has been sent to the purchaser and the purchaser has been informed thereof via a confirmatory e-mail. No contract shall be deemed to have been concluded with regard to products not mentioned in this confirmation.
Any product is being sold in amounts customary in the trade only. This applies to the quantity of products ordered in a single order as well as to various orders of the same product where such orders, taken together, do not comprise an amount customary in the trade
§ 3 Instruction on Right to Revoke Contract
1. Right to Revoke Contract
The Purchaser is entitled to revoke its declaration of contractual intent without giving reasons within two weeks by giving a declaration in text form (e.g., via letter or e-mail) or, where the goods have been delivered to him before expiry of such time limit, simply by returning the goods.
The time limit shall begin to run upon receipt of this instruction in text form, but not before delivery of the goods to the purchaser (where the same type of goods is being sold repeatedly, not before the first delivery) and not before we have complied with our information obligations according to the law. The time limit shall be deemed to have been complied with once the declaration of revocation has been sent or the goods have been returned. The declaration of revocation in text form or the return of the goods shall be directed to:
CUMINfootwear
Vanessa Briggs
Hobrechtstraße 20
12047 Berlin
2. Consequences of Revocation of Contract
Where the contract has been revoked, the benefits received by either party to the contract from the performance of contractual duties of the respectively other party shall be returned to such other party. If the purchaser is not able to fulfill this obligation in whole or in part, or if the goods have deteriorated, he shall, insofar, be obliged to pay compensation to us. This shall not apply in the event that goods are let to the purchaser and if the deterioration has been exclusively caused by the examination of the goods, as may happen e.g. in a high street store of the purchaser. Furthermore, the purchaser can avoid the obligation to pay compensation for a deterioration of the goods which is due to normal use (deemed to be only use for the purpose for which the respective goods have been designed and intended for) by not using the goods as if they were its property and refrains from doing anything which might potentially affect their value detrimentally. When exercising its right to revoke the contract, the purchaser shall be obliged to return the goods if they can be sent by parcel. The risk shall pass to us upon sending the goods.
§ 4 Delivery
Unless otherwise agreed, delivery to the delivery address indicated by the purchaser is to be effected at our expense. All descriptions as to availability, dispatch or delivery of a product shall be deemed estimated designations and rough guidelines only. They shall not be deemed to be binding dispatch or delivery dates. We have the right to terminate the contract if, without our own fault, we are not able to deliver the ordered goods because our supplier does not comply with its contractual obligations. In this case the purchaser is informed immediately that the product ordered is not available. Any rights of the purchaser under the applicable law shall not be affected. The goods are to be returned at the purchaser´s expense.
§ 5 Due and Payment Date
The purchaser shall be deemed to be in default 30 days after the date of the invoice.
The purchaser may only pay the purchase price in advance or via PayPal.
§ 6 Set off / retention right
The purchaser shall be entitled to set off only with counterclaims which have been established as final and absolute or which are not disputed by us. The purchaser is entitled to exercise any retention right he may have only if and insofar as its counterclaim is based on the same contractual relationship.
§ 7 Prices
All prices include the applicable value added tax.
§ 8 Retention of title
Title to the delivered goods shall be reserved to us and not pass to the purchaser unless the price has been
completely paid.
§ 9 Liability for defects
Where the goods are defective, the rights and duties of the parties shall be governed by law provided that not otherwise stipulated hereinafter. An assignment of rights of the purchaser to third parties shall not be allowed.
Where supplementary performance has been effected by us in the form of replacement delivery, the purchaser shall be obliged to return, at its own expense, the defective goods to us within 30 days. If this is not effected within the time limit mentioned, we shall be entitled to damages under the applicable law.
The limitation period for rights arising from defects to the goods shall be 2 years as from the date of delivery.
We are liable without limitation if and insofar as a loss has been caused by intent or gross negligence. We are also liable for the slightly negligent breach of material obligations whose breach jeopardizes the achievement of the contractual purpose or the breach of obligations whose fulfillment is a precondition for the proper performance of the contract and on whose fulfillment you normally rely. Any further liability for slight negligence shall be excluded. If we are liable for slight negligence, our liability shall be limited to the predictable loss typical for the contract. In no event shall we be liable for the slightly negligent breach of any obligation other than the obligations mentioned in the preceding sentences.
The limitation of liability shall not apply to harm to body, life or health or where a warranty as to the condition of the product has been given or where a defect has been maliciously concealed. The statutory liability under the Product Liability Act shall remain unaffected as well.
The limitation and the exclusions of liability shall apply to the personal liability of employees, representatives and vicarious agents as well.
§ 10 Applicable Law
This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).