Terms and Conditions

1. Area of application and offerer

Access to and use of  www.deadnoir.com and the products and services available through this website are subject to the following terms, conditions and notices (The „Terms of Services“). 

In order to contract with us, you must be over 18 years. 

By using our services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. These terms and conditions are supplemented by our Privacy Policy. 

The purchase contract is made with: 

Deadnoir (Apparel)

Nils Eumann u. Kristina Schmidt GbR

Stenzelstraße 18

45144 Essen

Managing Directors: Nils Eumann u. Kristina Schmidt

The current version of our Terms of Services are available at all times on www.deadnoir.com to call up, read or print. 

2. Terms of Sale

The prevailing language for the business relationship with the customer ist German. 

The representation of the products in our online-shop shows no juridically binding offer, rather an invitation to order. 

After having found your favored products, you can put them into your cart completely without obligation and change your entries at all teimes before placing your binding order by using the correction help provided with the ordering process. 

The agreement is completed when you place a binding offer for the goods in your shopping card by clicking the button „Order now“ or „Buy with PayPal“. 

This order represents a binding offer in accordance with § 145 BGB. 

After placing an order you will receive an acknowledgement e-mail confirming receipt and acceptance of your order. Therewith the contract is concluded. By sending this counterconfirmation, the total price is due immediately.

3. Prices

All prices listed on the product sites are end prices excluding value added tax (small entrepreneurs to Section 19 UStG) and do not include shipping fees. Further information regarding our shipping fees and terms of delivery you will find in our shipping section on our website. 

4. Payment

We accept payment via advanced payment by bank-transfer or PayPal. 

Advanced Payment

If you like to pay your order by advanced payment by bank-transfer, we will tell you with our order-confirmation the exact final amount, invoice number and our bank account data including BIC and IBAN. You are obligated to settle the invoice amount within the next 10 days after receiving our order-confirmation. The dispatch of the goods takes place within  1-3 business days after receipt of payment. 

PayPal

When paying with PayPal, during the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you have to be registered or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal.

5. Offset and retention

You only have the right to offset if your counterclaims have been legally established or have been recognized by us. In addition, you are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.

6. Terms of Delivery

Our goods are shipped exclusively via DHL to the address given by you. Unfortunately personal collection is not possible. The sale of goods takes place only in usual quantities. 

The shipping fees are 2,70 € for one shirt and 3,90 € for orders of two shirts and more as non insured delivery within Germany. If you want to have your delivery insured, the shipping fees are 5,-€ within Germany and Central Europe and 9,-€ respectively 16,-€ to the USA depending on the delivery´s volume. 

In case we have not been delivered in time or with the right items despite of ordering them properly, we are exceptionally not bound to deliver the ordered goods („hedging transaction“). This is subject to the condition that the lack of product availability is not covered by our area of responsibility and that we have informed you as soon as we know it about this. If the goods are not available we will refund all payments made immediately. We are only committed to deliver goods from our inventory or the stock of goods we had ordered from our supplier. 

7. Reservation of ownership

All goods remain our property until complete payment. 

8. Right of Withdrawal 

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement e.g. a letter sent by post to the following address: deadnoir, Nils Eumann & Kristina Schmidt GbR, Stenzelstraße 18, 45144 Essen  or via e-mail to info@deadnoir.com.. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery , without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8. Damage in transit 

Claims for damage in transit should be made directly with your carrier. After that please get directly in contact with us. The omission of a complaint or contact has no consequences for your legal warranty rights. But you help us to be able to assert our own claims against the carrier or the transport insurance company.

9. Warranty and Guarantee

Unless otherwise specified below, warranty claims shall apply on the statutory provisions of the Buyer´s Rights (§§ 433 fff. BGB). The period of liability for warranty claims or the period of limitation for claims for defects shall be one year from delivery of the goods in the case of used goods - in deviation from the statutory provisions.

The restrictions and shortening of deadlines above do not apply to claims based on damage caused by us, our legal representatives or vicarious agents: 

a) for damages resulting from injury to life, limb or health,

b.) in cases of deliberate or negligent breach of duty or  fraudulent intent 

c.) in cases of breach of material contractual obligations, the fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely (cardinal obligations)

d.) within the framework of a guarantee promise, if agreed or 

e.) if the Product Liability Act applies.

Information on any additional warranties that may apply and their exact conditions can be found within the product description and on special information pages in the online shop.

10. Liability 

For claims based on damage caused by us, our legal representatives or vicarious agents we are always liable without limitation

a) for damages resulting from injury to life, limb or health,

b.) in cases of deliberate or negligent breach of duty or  fraudulent intent 

c.) within the framework of a guarantee promise, if agreed or 

d.) if the Product Liability Act applies.

In cases of breach of material contractual obligations, the fulfillment of which constitutes a condition sine qua non and on the fulfillment of which the customer regularly relies and may rely (cardinal obligations) caused by slight negligence on our part, our legal representatives or vicarious agents, liability is limited to the amount of the typically foreseeable damage. Otherwise claims for damages are excluded.

11. Dispute resolution 

The European Commission provides an Online Dispute Resolution Platform (OS) which can be found here:  http://ec.europa.eu/consumers/odr/.

We do our best to settle any differences of opinion arising from our contract amicably. Furthermore, we are neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

12. Final provision 

Should one or several conditions of these general terms and conditions or a contract become null and void or impracticable, this will not affect the validity of the remaining conditions. 

All contracts are governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.(CISG, „UN-Kaufrecht“).

The place of jurisdiction for any disputes arising from the contractual relationship is Essen.

Status: November 2019

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