§ 1 General information, applicability and definition of terms
- The firm 2nd-Skin online shop, owner Peter Schenk, Terminalstraße Mitte 18, 85356 München, Germany (henceforth referred to as „seller“) under the name of „2nd-Skin Shop“ runs an internet shop with the address www.2nd-skin.com
- For all business transactions between the seller and the purchaser of products or services of the shop (henceforth referred to as „customer“) the following general business terms and conditions are valid. At the time of the order the latest version of the terms and conditions is valid (see § 2 section 1). With his/her order the customer acknowledges these terms and conditions. Terms and conditions of the customer are not valid without a previous written confirmation of the seller.
- According to these terms, customer is called every natural person, who signs an order for such a purpose that attributes neither his/her trading or independent professional activity.
§ 2 Conclusion of contract
- The presentation of the products in the internet shop does not represent a legally binding offer, but a noncommittal online catalogue. By clicking the button "send order" in the final step of the ordering process, the customer submits a binding offer to purchase the products or services in the shopping cart (henceforth referred to as „order“). The sales contract is officially concluded upon the seller's acceptance of the customer's order. An explicit acceptance declaration is not required.
- The customer is bound to his/her contractual offer for two weeks.
- After receipt of the order it is possible to send an order confirmation to the customer. The order confirmation serves merely to inform the customer about the arrival of his/her order, which does not yet lead to an acceptance of the offer. Accordingly the absence of an order confirmation does not mean a rejection of the offer.
- If the order includes advance payment, the customer will receive a declaration of acceptance of his/her offer by e-mail or in another way.
§ 3 Fulfilment of the contract, impairments of performance
- If the seller himself does not or not complete or not correctly receive deliveries from his supplier, he has the right to not or only partially fulfill his contractual obligations. This only applies to the case, in which the seller is not culpable for the non-delivery, in particular if a congruent coverage transaction is concluded with the supplier of the seller. In case that supplies are not or only partially available, the customer will be informed within a reasonable time. The customer will be repaid the non-delivered elements.
- Force majeure, disruptions of operations that are not the sellers fault and all other circumstances the seller is not responsible for (e.g. incorrect or delayed internal supply, failure of the upstream supplier, traffic disruptions etc.), entitle the seller to stop or delay the obligations for the extent and duration of the disruptions. In all other respects – subject to an explicitly referred to as binding written commitment – a delivery period shall only be approximately agreed, subject to correct and timely internal delivery.
- In case of refused, late, delayed or otherwise improper taking delivery, the customer, if he/she is responsible for postponement – irrespective of his/her obligation to pay the purchase price – has to recompense possible expenses of the seller due to theses circumstances.
- As compensation in place of delivery in default of acceptance, the seller shall charge 15 % of the order price without deductions, unless the customer does not prove that the damages incurred were lower than the lump sum or were not incurred at all. The seller reserves the right to prove damages that are higher than the lump sum.
- Deviations of the supplied products from pictures or offer texts remain reserved as far as the specific characteristics are not essential.
- The seller reserves the right to begin performance not until the end of the two week revocation period.
§ 4 Revocation policy
Consumers (§ 13 BGB) have a statutory right of revocation.
Right to cancel
You have the right to cancel this contract within 14 days without giving any reason. The cancellation 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 last good. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
Please send the revocation notice as well as the returnable products to:
Terminalstraße Mitte 18
MUC Nord Ebene 05
E-Mail: info(at)2nd-skin.com(Please replace (at) with the @ symbol).
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of tandard delivery offered by us), 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 make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 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 or hand them over 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.
The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- Contracts for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
End of the revocation policy
We ask our customers to pay sufficient postage for the return. If we are under obligation according to the paragraph above, of course we will repay you the costs of the return. But with sufficient postage you help us to avoid unnecessary costs for not prepaid parcels. Thank you very much!
Beside your full address please also give us your bank details for a possible repayment.
§ 5 Prices
- The prices valid at the moment of order placement shall apply. All listed prices are final prices in euros and including value added tax. The customer can pay the purchase price solely per advance payment.
- With your order the purchase price is to be paid immediately after receiving the declaration of acceptance (see § 2 section 4). Delivery only takes place after complete payment is received.
- Setting payment terms requires the written form. If a period for payment has been granted, invoices always are to be paid within the payment period without deduction.
- In general no cash discounts are given.
- If the payment period is exceeded, the customer without reminder is in delay with payment. In this case the customer has, beside the other legal obligations, among other things, to pay the possibly contracted trade credit insurance for the legal transactions. The claim for further damages remains reserved.
§ 6 Delivery and shipping
- Most of the products in this shop are produced based on specific customer wishes and immediately are delivered after payment and completion. If longer delays arise, you will be informed in time.
- The delivery of the products take place conforming to the choice of the customer against advance payment to the delivery address the customer stated in the online order form.
- The customer assures that he/she has stated the correct and full delivery address, when placing the order. If the customer has stated incorrect address data, he/she has to pay any additional shipping costs that may arise.
- If the customer is a consumer, the risk of damage or loss of the products shall pass to him/her, when they are handed over to him/her. If the customer is an entrepreneur, the transfer of risk takes place when the products are handed over to the transport company.
- For delivery to countries outside the EU, the customer has to pay the costs for customs duties and import sales tax. In the customs forms for parcels to countries outside the EU the value of the products to be delivered is listed according to product type. 2nd-Skin Shop has no influence at all on these fees and thus cannot predict the amount. The customs regulations vary widely from country to country. If you wish to receive further information about the fees, please contact your local customs office. E.g. for Switzerland you receive further information here: http://www.ezv.admin.ch
§ 7 Set-off, right of retention
- The customer only has the right to set-off, when his/her claims have been determined by law or confirmed by the seller.
- The customer only may exercise a right of retention, if its counterclaim is based on the same contractual relation.
§ 8 Notification of transport damage
The products delivered by the transport company immediately upon receipt have to be checked concerning completeness and intactness. If obvious damages are found, the transport company has to be notified at once. Any warranty rights or claims of the customer shall not be affected by this regulation.
§ 9 Warranty
- The customer, who is a consumer, in general can claim to follow-up performance, if the products are defect. Refulfilment is carried out as the seller chooses, either through the elimination of the defect or by subsequent delivery. In case the efforts to remedy the defects should also fail after a second attempt, the customer, who is a consumer, according to legal regulations may by his/her choice claim a reduction of the purchase price or declare the revocation of the contract.
- In case the customer is an entrepreneur, he/she has to notify the seller about any obvious defects within 14 days, otherwise warranty claims are excluded. The notification requires the written form. This requirement for the written form is fulfilled by letter, fax or e-mail to the seller. To comply with the notification period timely dispatch is sufficient.
- The statutory period of limitation for the right to claim defects of new products is two years for a consumer, for entrepreneurs one year from delivery of products. If used products have been sold and the customer is a consumer, the warranty period expires after one year from the delivery of products. Warranty claims of an entrepreneur concerning used products are excluded.
- Without agreement of the seller the customer may not remedy an obvious defect by him/herself or third parties, if he/she has not set a reasonable time limit for subsequent delivery.
§ 10 Liability
- Damages from impossibility of performance, from positive violation of contract, from being to blame for with conclusion of contract and from unauthorised actions, may only be claimed against the seller in cases of gross negligence or intention. In particular claims of compensation against the seller are excluded, in which the customer or third parties incur damages, which are caused as the seller's products have been used for other purposes than purely decorative or clothing.
- Further liability for compensation of damage is excluded.
§ 11 Reservation of ownership
- The seller reserves the ownership to the products, which are delivered by him until the purchase price has been fully paid. In particular cases, based on a separate, explicit agreement of the seller, the customer is allowed to resale the products on the condition, that in advance the customer assigns any claims that may arise from that to the seller as security for the purchase price due.
- The customer shall be obliged to immediately inform the seller in writing about distraints or any other access of third parties to the products, which have been delivered by the seller and belong to the customer, or the claims assigned to the seller. The customer has to inform third parties, that the products, which have been delivered by the seller, in cases specified above, still belong to the seller, respectively, that the claims assigned belong to the seller.
- Amounts so obtained immediately have to be transferred to the seller until the claims have extinguished.
§ 12 Data protection
We use your inventory data exclusively to process your order and for our own information and advertising purposes. All customer data is saved and processed considering the relevant regulations of the Federal Laws for Data Protection (BDSG) and the Teleservices Data Protection Law (TDDSG). We do not pass your personal data including your house address and e-mail address without your explicit, at any time revocable permission to third parties. Except from this are our service partners, who need the data transmission for the order handling (e.g. the transport company, that is entrusted with the shipment, and the bank, that is authorised to process the payment). We implement technical and organisational security measures to protect your data that we hold against accidental or deliberate manipulation, loss, destruction or access by unauthorised persons.
§ 13 Final clauses
- The applicable law shall be exclusively the law of the Federal Republic of Germany. The provisions of the UN Sales Convention do not apply here.
- In case of contracts concluded with consumers, section 2 is not valid, section 1 only in so far the provided protection is not deprived by the law of the state, in which the customer has his/her permanent residence.
- Verbal side agreements do not exist. If beyond these terms and conditions a written declaration is required, it is not possible to send it per fax or e-mail, unless such is explicitly allowed.
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG: The European Commission provides a platform for online dispute resolution (OS), which can be found at http://ec.europa.eu/consumers/odr/ , We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.
2nd-Skin OnlineShop, Peter Schenk, Terminalstraße Mitte 18, 85356 München, Germany