Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR CONSUMERS FOR ONLINE ORDERS
§ 1 scope
The following general terms and conditions apply to all orders that the consumer orders in the online shop. Consumers may only use the purchased goods for personal purposes and may not offer them as new goods for resale.
§ 2 conclusion of contract
The range of goods presented in our online shop is subject to change and not in the legal sense. By clicking the button "IN THE SHOPPING CART" the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before placing an order, the content of the order, including customer data, is summarised on an overview page. The customer can correct all order data there using the proposed change fields. By clicking the "BUY NOW" button, the customer submits a binding offer to us to conclude a purchase contract. After placing the order, the customer receives an automatically generated e-mail from us, which confirms that we have received the order and reproduces its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of a contract. A contract is only concluded by sending an order confirmation by email or by delivery of the goods. The customer can save or print out these general terms and conditions at any time by pressing the "Save" or "Print" button at the bottom of this page.
The customer assures that all information provided by him when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. Changes are to be communicated to us without delay. The contract language is exclusively German.
We only deliver our goods to customers within the Federal Republic of Germany.
§ 3 prices, shipping costs
All prices for our items in the online shop include VAT (currently 19%) and are the total price plus shipping costs. The shipping costs are listed with each order and borne by the buyer, as is the return shipping. The shipping costs are shown to the customer separately on the overview page before placing the order.
§ 4 payment
The following payment methods are available to the customer: PayPal and credit card. It should be noted that due to your agreements with institutions, additional costs for transfers, account management, etc. may arise. The customer's account is debited after the payment process has been carried out. If the customer is in arrears with payment, we are entitled to demand interest on arrears in the amount of five percentage points above the base rate (§ 247 BGB) per annum. We reserve the right to document greater damage. 1. In the event of a delay in payment or otherwise apparent creditworthiness, all further claims against the customer are due immediately. The customer is only entitled to set-off rights with claims that are undisputed or legally binding against us. The customer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 5 delivery and availability
The delivery is made to the delivery address specified by the customer in the context of the order. If several articles are ordered, the company is entitled to send the goods to the customer in several packages, provided that this is reasonable for the customer. The company bears the resulting additional shipping costs. The dispatch of the goods within Germany takes place normally a maximum of 2-3 working days after the payment process with payment by PayPal and credit card. No claims can be made to (Colin Sinclair Bartholomew / Sinclair Wear) for delays in delivery caused by the delivery service. If the ordered items are lost by the delivery service, we (Colin Sinclair Bartholomew / Sinclair Wear) will send the goods immediately after checking the situation, provided they are in stock. In the event of delays in delivery due to force majeure or a strike on the part of the delivery service, we (Colin Sinclair Bartholomew / Sinclair Wear) cannot meet the deadline set by us of a maximum of 3-5 working days. As soon as this hindrance is lifted, we undertake to send the purchased goods as soon as possible. If the goods that the customer ordered are not available for various reasons, we (Colin Sinclair Bartholomew / Sinclair Wear) can withdraw from the purchase contract with immediate effect. In this case, we (Colin Sinclair Bartholomew / Sinclair Wear) undertake to inform you immediately by email of the unavailability of the ordered goods and to immediately refund any consideration (payments) you have already received.
§ 6 right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by email) Withdrawal period it is sufficient that you send the message about the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, properties and functionality of the goods.
§ 7 retention of title
The delivered goods remain our property until they have been paid for in full. The customer must notify us of third party access to the reserved goods as soon as they become known. The customer is liable for all costs incurred for the cancellation of such access, in particular by filing a third-party complaint, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
§ 8 rights to defects
In the event of a material defect in the object of purchase, the statutory provisions apply. This means that the customer can primarily request supplementary performance, ie subsequent delivery or rectification of the defect. If the other legal requirements are met, the customer is entitled to reduce the purchase price or to withdraw from the contract. For claims for damages due to a defect in the goods - in addition to the legal requirements - the in
Section 9 requirements.
All claims for defects become statute-barred 2 years after delivery.
§ 9 liability for damages
The following liability exclusions and limitations apply to our liability for damages, without prejudice to the other legal requirements. We are liable if we act with intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner can regularly rely (so-called cardinal obligation). For the rest, liability for damages of all kinds, regardless of the basis of the claim, including liability for fault at the time of conclusion of the contract, is excluded. If we are liable for simple negligence in accordance with paragraph 1, our liability is limited to the damage that we would typically have to expect from the circumstances known when the contract was concluded. The above exclusions and limitations of liability do not apply if we have given a guarantee for the quality of the goods, nor for damage that is to be replaced under the Product Liability Act, nor for damage to life, limb or health, nor for legal claims. The above exclusions and limitations of liability also apply to our employees, vicarious agents and other third parties whom we use to fulfil the contract.
§ 10 data protection
We collect and store the customer's data necessary for business transactions. When processing the customer's personal data, we observe the statutory provisions. Further details can be found in the data protection declaration available in our online offer. Upon request, the customer will receive information about the data stored about them at any time.
§ 11 Applicable Law
The law of the Federal Republic of Germany applies to these terms and conditions and the entire legal relationship between us and our contractual partners to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
§ 12 final provisions
This contract contains all agreements between the parties regarding the subject of the contract. Verbal collateral agreements do not exist. Should individual provisions of this contract be or become void or ineffective in whole or in part, this does not affect the effectiveness of the remaining provisions. Statutory law takes the place of provisions of this contract that are not included or ineffective (Section 306 (2) BGB). If such legal law is not available in the respective case (regulatory loophole) or would lead to an intolerable result, the parties will enter into negotiations to replace the non-included or ineffective provision with an effective one that comes as close as possible to it economically.
§ 13 provider identification, loadable address
Our address for complaints and other declarations of intent:
Colin Sinclair Bartholomew
Berliner Str. 20
40668 Meerbusch - Germany