General Terms and Conditions

§ 1 Scope of Application

These general sales terms apply to all contracts which are entered into on our online shop, between us,
Brand Affairs International GmbH,
Unterer Wingertweg 39, 75177 Pforzheim, Germany

Managing Director: Peter Birkenmeier and Nico Starke
District Court: Mannheim B 721105
Tel.: +49  7231 5857015
Fax: +49 7231 5857014
info@rose-tattoos.com
and you as our customer. The general sales terms apply, whether you are a consumer, business entity, or merchant.
(2) Any and all agreements in context to any sales contracts between us and you as the customer are a direct result of the general sales terms, our written order confirmation and our declaration of acceptance.
(3) The current version of the general sales terms at the time that the contract is concluded shall be binding.
(4) We do not recognize or accept any conditions of the customer that are contrary to or deviating from our general sales terms. This also applies when we do not expressly object to their validity.

 

§ 2 Contract

(1) The presentation and promotion of items in our online shop is not a legally binding offer to conclude a purchase contract.
(2) By selecting products from the online shop and by using the "Order and pay" button, the customer submits a binding order for the items in the shopping basket. The customer's order is a binding request from the customer to the online shop for (2) weeks after receipt by the online shop, and when applicable shall not be affected by the right of cancellation found in §3 of this agreement.
(3) Following completion of the payment process on the online shop, an automatic confirmation will be sent to the customer via e-mail. This automatic confirmation only informs the customer that the order has been received by the online shop and does not represent contractual acceptance, unless
(4) A legally binding contract occurs only when the online shop receives your order confirmation or through the receipt and acceptance of the goods ordered.
(5) If shipping of the product in the online shop is not possible, because the indicated article is out of stock, a contract cannot be concluded in such cases. We will inform you immediately and refund any funds without delay.

§ 3 Cancellation policy

For orders from a Customer who is a consumer, the following right of cancellation applies:
(1) If you are a consumer, i.e. a physical person placing an order which cannot be primarily attributed to your commercial or self-employed professional activity, you are legally entitled to cancel your order.
(2) If you cancel this agreement according to the cancellation policy in article 1, you must bear the regular costs of return shipment.
(3) Cancellation

Right of cancellation
You are entitled to cancel this contract within fourteen days without the need to state any reasons.
The cancellation period shall be fourteen days from the date on which you or a third party appointed by you, other than the carrier, have or has taken possession of the last product.
In order to exercise your right of cancellation, you must notify us (Brand Affairs International GmbH, Unterer Wingertweg 39, 75177 Pforzheim, telephone 07231 5857015, fax 07231 5857014) about your decision to cancel this contract by means of a clear declaration (e.g. via a letter sent in the post, a fax or an eMail).
Timely submission of the cancellation notice before the end of the cancellation period is sufficient for the purpose of observing the cancellation time limit.
Consequences of cancellation
Upon cancellation of this contract, all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your choice of a different mode of delivery to the least expensive standard delivery that we offer) will be returned to you without delay and no later than fourteen days from the date on which we received the notice of cancellation. You shall receive your refund via the same method of payment used for the initial transaction, unless otherwise expressly agreed; in no instance will you be charged fees for this refund. We are permitted to withhold the refund until we have received the goods back or until you have pro-vided us with evidence that you sent the goods back to us, whichever is earlier.
You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline shall be considered met if the goods are returned before the 14-day period has expired.
You bear the direct costs of returning the goods.
You are obliged to compensate us for any diminished value of the goods only if this diminished value is traced back to you handling the goods in a way other than what is necessary to ascertain the nature and functioning of the goods.

- End of the cancellation policy-

 § 4 Terms of delivery

The delivery time is a maximum of seven (7) working days, unless otherwise agreed. It starts with conclusion of the contract.
 

§ 5. Prices and shipping costs

(1) All price details in our online shop are gross prices including statutory VAT plus shipping costs.
(2) The shipping costs are indicated in our prices in our online shop. The price including VAT and shipping costs will also be shown the order form before you submit the order.
(3) If you effectively revoke your contract declaration in accordance with § 3, you can request reimbursement of paid costs for shipping to you (shipment costs) under the statutory conditions (cf. to other consequences of withdrawal article 3, para. 3).

§ 6 Terms of payment, off-set and right to lien

(1) The purchase price and the shipping costs are due latest within 2 weeks after receipt of invoice.
(2) You can pay the purchase price and the shipping costs either by prepayment by advance bank transfer or via PayPal or Amazon payments. Choosing the method of payment in advance, we will state the bank details in our confirmation of order.
(3) You are not entitled to off-set against our claims, unless you counter claims are legally absolute and unchallenged. You are also entitled to off-set against our claims if you assert notification of defects or counter claims resulting from the same purchase contract.
(4) As buyer you may only execute your right to lien if your counter claim results from the same purchase contract.

§ 7 Reservation of title

The delivered products remain our property until complete payment of the purchase price.

§ 8 Warranty

(1) we are liable for material or legal defects in delivered items according to the relevant statutory regulations, in particular §§ 434 of the German Civil Code (BGB). The period of limitation for statutory claims based on defects shall be two years and starts with the delivery of the goods.
(2) Granted manufacturer warranties are any seller guarantees given by us for certain items or by the manufacturers of certain articles in addition to the claims for damage or defects within the meaning of paragraph 1. Details of the extent of such warranties which arise from the guarantee conditions which, where appropriate, are included with that particular article.

§ 9 Liability

(1) We are in all cases contractually or non-contractually liable due to intention or gross negligence according to legal regulations concerning compensation for damages or futile expenses.
(2) In other cases we are liable – as long as paragraph 3 not otherwise applies – only in case of violation of contractual duties whose fulfilment makes the execution of the contract possible in the first place and on whose compliance you, as the customer, could naturally trust (so-called cardinal duties). Liability in this case is limited to the foreseeable and typical damage. In all other cases our liability is excluded, unless paragraph 3 applies.
(3) Liability for harm to life, body and health and according to the Product Liability Act remains unchallenged, regardless of the above mention limitations and exclusions of liability.

§ 10  Copyright

The copyright and/or the right to use all pictures, films and texts published in our online shop lie with us. The use of pictures, films and text are subject to our copyright and is prohibited without our explicit permission.

§ 11 Applicable law and place of jurisdiction

(1) The law of the Federal republic of Germany applies under exclusion of CISG law. If you place your order as consumer having the habitual residence in another country at the moment of placing the order, the application of mandatory legal regulations of the respective country remains unchallenged by the choice of law mention in sentence 1.
(2) If you are salesman and have your residence in Germany at the moment of placing the order, the exclusive place of jurisdiction is the company residence of the seller in Pforzheim. Further, applicable legal regulations concerning local and international jurisdiction apply.

We want to give you the opportunity to use the "online dispute mediation platform" in disputes:
http://ec.europa.eu/consumers/odr/

(You are welcome to contact us in advance by telephone or email to solve any problems)
Our email address for consumer complaints is:
info@rose-tattoos.com

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