GENERAL TERMS AND CONDITIONS
§1 CONTRACTUAL PARTNER(1) Your contractual partner for all orders placed via this website (dslke.com) is MoStylez e. Kfm., Altonaer Straße 4, 13581 Berlin, Germany – from now on referred to as "dslke". (2) These general terms are applied for all purchase contracts between dslke and its customers. Changes or amendments to these arrangements must be in writing to be legally applicable. (3) The offer, the acceptance of offer, the acceptance of order, or the sale of any products are exclusively subject to these terms and conditions. Deviating terms and conditions of the purchaser shall not be applicable and are expressly excluded herewith. (4) The seller is authorised to correct possible faults by mistake (e.g. in price lists, bidding documents or other records) without being called to account for disadvantages caused by those faults.
§2 CONTRACT COMPLETION(1) All displayed products at dslke.com are presented as non-binding invitations to submit a purchase offer to dslke. These invitations are only effective while stocks last. (2) You submit your purchase offer and approve your binding agreement to a completed sales contract as recently as you send the completed online order form off by clicking the so-called order button. The concluded contract is a contract for labour and materials. (3) In the case that your offer is accepted, dslke will send you an order confirmation via e-mail.
§3 SHIPPING(1) Goods are shipped to numerous European countries and the USA. Find the complete list of served countries in the SHIPPING section on dslke.com. (2) The selection of the shipping provider is left to dslke. As the purchaser you are responsible for paying the incurring shipping costs in addition to the purchase price. Find current shipping prices in the SHIPPING section on dslke.com. (3) If you don’t receive your shipment within three weeks of the order being payed (purchase price and shipping costs), you are entitled to the right of withdrawal which must be exercised immediately in written form.
(4) As the purchaser you don’t have the right to demand damage compensation for delays in delivery, provided dslke immeditately gets on to you and damages are unintentional and don't occur as a result of gross negligence.
§4 PRICING(1) For purchasers ordering from EU member states, the prices given are end prices. These prices include the necessary taxes, in particular, sales taxes. Tax rates are determined by the billing address submitted. If a differing shipping address outside the EU is provided, the purchaser is responsible for paying additional taxes or import duties in the country where the goods are received. (2) For purchaseres ordering from outside of the EU, the prices displayed are net prices – determined by the delivery address submitted. If taxes or import duties mature in the country where the goods are received, these charges must be paid by the purchaser in addition to the order value. (3) As the purchaser you are responsible for paying the incurring shipping costs in addition to the purchase price. The estimated shipping charges are based on the approximate weight of the shipment and the delivery adress submitted. You find current shipping prices in the SHIPPING section on dslke.com.
§5 PAYMENT(1) dslke confines itself to offering only kind of advance payment methods like PayPal or prepayment via bank transfer. dslke reserves the right to restrict any payment method available to customers on dslke.com based on the order value, shipping region or further objective criteria. (2) The purchase price plus shipping costs are due immediately after ordering without any discount. (3) To be perceived as received all payments have to be transferred via PayPal or to the bank account given to you during the checkout process and in the order confirmation E-Mail. (4) If the payment method selected by the puchaser is not feasible, in particular because the purchaser’s bank account balance is too low to cover the costs or the data submitted is false, the purchaser is held responsible for all costs incurred from a third party's involvement in resolving the payment. (5) dslke reserves the right to use a third party to handle the transfer of payments. In the case that a third party comes into operation for the payment process, the payment process is completed only when the payment as claimed by the third party is paid in full, so that the third party can transfer the money without reservations to dlske. (6) Purchasers only hold the right to setoff when counterclaims have been judicially legaled or accepted by dlske in written form. The retention of goods by the purchaser is only perveived as lawful if the purchaser’s claims result from the same contractual relationship. (7) dslke as the vendor of the goods retains title until the purchase price has been fully paid.
§6 GUARANTEE(1) Any information and illustration provided on dslke.com, in catalogues, price lists, newsletters and further pamphlets are for informative purposes only. dslke does not guarantee for the correctness of any details, drawings, pictures, technical data, weight, measurement, or any other service descriptions and technical specifications displayed. (2) In the case of objective damages or quality defects of purchased goods, the purchaser has the right to request a reduction in the purchase price, a new fulfillment, or the cancellation of the contract. As the purchaser you have a claim to this guarantee of goods. (3) If the customer is a business company, it is bound to immediately check the goods and get in contact with dslke if there are any objective problems with the goods. As long as the business does not contact dslke, the goods are considered checked and without problems. (4) For end-user purchasers the statutory period of guarantee claims for shipped goods lasts two years from the date the goods were received. For business purchasers, this statutory period lasts one year. (5) In the case of a return shipment due to objective damages or quality defects, dslke will pay all shipping costs.
§7 LIABILITY LIMITATIONS(1) dslke takes no responsibility for injury to life, body and health occurring within the guarantee period, dslke does only claim responsibility for damages that are premeditated or resulting from gross neglect or intentional harm of dslke or its business partners and suppliers. Any defects liability in cases of inappropriate treatment or loss are expressly excluded herewith. (2) dslke is not liable for an appropriate working data communication via the internet. Since up to now the basic technological conditions do not eliminate all eventualities of arising errors or insufficient availability of the website dslke.com. Therefore dslke takes no responsibility for permanent, uninterrupted and error free access to the online offers.
§9 RIGHT OF WITHDRAWAL(1) According to BGB (German Civil Code) §312e („obligations within e-commerce“) and §355 („right of withdrawal in consumer contracts“) end customers have the right to withdraw from the contract concluded with dslke within 14 days without giving reason. Withdrawal must be in written form in order to be effective, or else the goods may returned to dslke. (2) The declaration of withdrawal or the return of goods shall be addressed to
or via e-mail to info [at] dslke.com. (3) The period starts on receipt of the goods as this written instruction has then already been provided to the purchaser during the checkout on dslke.com. To comply with the 14 days period of withdrawal, the notice of withdrawal or return of goods in time will suffice. (4) In case of effective withdrawal, all subject matter resulting from the contract’s fulfillment need to be returned to dslke, and any benefits received in this case will be avouched for. With the effective exercise of withdrawal the purchaser is obliged to return the goods if parcel delivery is possible. Here, risks are covered by dslke. (5) The purchaser is in bond to bear the costs resulting from returning the. This practice may be applied if the price of the goods returned does not exceed 40 EUR. In case the purchase price of the products returned is higher than 40 EUR or if at the time of cancellation you haven’t paid in full, then dslke may bear the costs. (6) Goods which are not suitable for parcel delivery will be collected from the purchaser’s delivery address at the risk and expense of dslke. (7) In case of a withdrawal from the contract, goods returned must be in a condition according to what was ordered. The customer is obliged to pay compensation for deterioration of goods as a result of intended use of the product. This does not apply if the deterioration of the product is due to a mere examination of the product in a manner similar to retail store conditions. (8) Requests for re-compensation for payments must be met within 30 days after sending the declaration of withdrawal or after returning the goods. (9) Statutory warranty rights will not be affected by the right of withdrawal.
§10 DATA PROTECTION(1) The website at dslke.com can be visited and viewed without providing personal data. dslke is entitled the right to save access information without personal references for statistical and optimization purposes. (2) Personal data is only collected during the account opening process or a newsletter registration, provided that you as a purchaser provide these freely and voluntarily. (3) All personal and business data collected within the business transaction are recorded and kept in confidence according to the BDSG (German Data Protection Act) and the TDDSG (German Tele Services Data Protection Act). (4) With the completion of your user registration at dslke.com you agree to receive further information on products, services, and events provided by dslke via e- or snail mail. You have the right to disagree with this further use of your personal data at any time by sending a written letter or an e-mail to dslke. (5) dslke reserves its right to circulate data for payment, shipping and further contract execution purposes as far as this is necessary for the shipping of goods to the purchaser or for the clearing of payment transactions. (6) dslke respects your legitimate interests according to legal regulations. There will be no circulation of personal data to any other third party as mentioned in (5). (7) Access to your personal customer account is only gained after input of your personal password provided to you by e-mail. Please take care of an confidential usage of your account data and always close the browser window when you close the communication connection to dslke.
§11 ACCEPTABLE DISCREPANCIES(1) In fulfilling the contract, dlske holds the right to have minor deviations as related to the descriptions found in our brochures, catalogues, and any other written and electronic documents regarding the characteristics of the material, the colour, weight, measurements, manufacturing or similar properties as far as they reasonably match the expectations of the customer. (2) The seller reserves the right to alter product specifications if this is lawfully necessary as far as the quality and the usability of the order does not change for the worse.
§ 12 PLACE OF EXECUTION / VOID IN PART(1) Place of execution and court of jurisdiction is Berlin, Germany. dslke reserves the right to claim at customer‘s place of jurisdiction or at any other court possibly responsible according to national or international jurisdiction. (2) If any provision(s) of these terms and conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Version 03/2010 |