Conditions of Use

General Terms and Conditions of Business for peter-fields.com

§1 Objective of the Terms and Conditions, General Preliminary Remarks

The objective of these terms and conditions is the regulation of contractual conditions for all contracts with M.Rüster & M. Richert GbR, Dunckerstraße 81, 10437 Berlin, hereinafter „supplier“ with online shop customers, hereinafter “user” that are concluded on the online shop www.peter- fields.com. The terms and conditions applicable at the time the contract is concluded will apply. Customers can view and print the current terms and conditions at www.peter-fields.com. Customers are consumers under the terms of Sect. 13 German Civil Code, i.e. natural persons that conclude the respective transactions for a purpose that can principally not be considered either their commercial or freelance professional activities. In other cases these customers are companies under the terms of Sect. 14 German Civil Code.

 

§2 Conclusion of Contract

Offers on the online shop are subject to change. Upon the sending of the order form the user bindingly declares that he wishes to purchase the contents of the shopping cart. The contract is concluded upon the declaration (order confirmation) on the part of the supplier. The declaration shall be sent to the user immediately upon receipt of the order form. With this the contract is concluded.

 

§3 Objection to Provide Information

The user is obligated upon ordering to provide accurate information. Insofar as the customer’s data should change. Insofar as the customer’s should change, particularly name, address, email address, telephone and bank details, the user is obligated to communicate changes immediately by changing the information. If the user should omit to do so or provides inaccurate information from the start, in particular the wrong email address, the supplier may insofar as a contract has been concluded, cancel the contract. The customer is to ensure that the email account provided is available from the time it is provided and the receipt of emails is not excluded through forwarding, closure or overfilling. False information shall be suspected if an email addressed to the user is returned three times or the service cannot be provided on the basis of an incorrect postal address.

 

§4 Cancellation Policy

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 (M. Rüster & M. Richert GbR, Dunckerstraße 81, 10437 Berlin, Telefon: 030 - 41722890, E-Mail: shop@peter-fields.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). 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.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard 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 carry out such 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.

Notice (not a component of the cancellation policy)

The right to cancellation does not apply to used products. This particularly applies to worn or washed fabrics. An inspection of the goods as would be possible at a retailers is naturally not a problem. Cancellation rights shall also not apply to magazines, newspapers and books (for books if the plastic wrapping is removed).

 

§5 Delivery of the Goods

The order shall be processed as soon as payment is received. Upon the delivery of the goods to the dispatch company, the supplier has fulfilled its obligation to provide performance and the risk is transferred to the user. We deliver subject to the availability of the goods. Usual delivery term: we generally deliver within 2-3 workdays. In the event of delivery delays we shall inform you immediately. In the event that the goods ordered are unavailable, we reserve the right not to deliver. Any issued payments shall be returned immediately.

 

§6 Payment

The purchase price is due immediately unless otherwise agreed. The user is automatically in arrears when payment has not been issued within 14 days of invoice. In the event of payment delays statutory interest shall be charged. The customer only has the right to off-set when his claims are legally established or acknowledged by the supplier. The customer may only exercise the right to retention when his counterclaim is based on the same contractual relationship.

 

§7 Prices, Packaging and Delivery Costs

All prices provided on the supplier’s website are including statutory VAT. Packaging costs shall be assumed by the supplier. In addition to the prices provided delivery fees shall be charged by the supplier. Delivery fees are clearly provided to the customer on the product pages, the shopping cart and order page.

 

§8 Retention of Title

Supplied goods remain the property of the supplier until payment in full, independent of the expiry of the cancellation term.

 

§9 Liability

The following limitation and exclusion of liability shall apply to claims for damages in the following, without prejudice to other statutory provisions. The supplier is liable without restriction insofar as the cause of the damage is on the grounds of gross negligence or intention. Furthermore the supplier is liable for soft negligent breaches of cardinal duties that endanger the fulfilment of the objective of the contract and for a breach of duties that enable the correct fulfilment of the contract and the adherence to which is customarily assumed. In this case the supplier is only liable for foreseeable damage typical for the contract. The supplier is not liable for soft negligent breaches of duties other than those provided above. The aforementioned limitation of liability shall not apply in the event of personal injury, endangerment to health or death, for a defect following the assumption of a guarantee for the characteristics of the products and fraudulently concealed defects. Liability in accordance with the German Product Liability Act shall hereby remain unaffected. Insofar as liability is excluded or restricted on the part of the supplier, this shall also apply to the personal liability of employees, representatives and agents.

 

§10 Data Storage

Under the terms of Section 28 of the Federal Data Protection Act we advise that the data required to conclude the transaction shall be electronically processed and stored on a system in accordance with Section 33 of the Federal Data Protection Act. Personal data shall naturally be treated confidentially.

 

§13 Legal Venue, Applicable Law, Contract Text

The legal venue for all disputes arising from the contract is Berlin if the purchaser is acting commercially or is a legal entity under public law or a special fund und public law. The law of the German Federal Republic exclusively applies under the exclusion of the UN CISG, insofar as this exclusion is admissible. The supplier shall store the contract text and shall send the order details and terms and conditions via email.

 

§14 Deviating Customer Terms and Conditions, Guarantee

In the event that the customer should apply his own terms and conditions that deviate from these terms and conditions, only the terms and conditions of the supplier shall apply. A guarantee for goods provided by the supplier shall only apply when this is expressly stated in the order confirmation for the respective article.


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