Terms & Conditions
General Terms and Conditions (T&C)
for Purchase Orders at onlineshops of „Paul‘s Boutique Berlin“
- 1 Applicability
(1) The following Terms and Conditions (T&C) apply to all sales transactions/purchases in our onlineshop <paulsboutiqueberlin.com> between Frank Radermacher, dba „Paul‘s Boutique Berlin“, Milastrasse 3, 10437 Berlin, Germany (hereinfater also referred to as Paul‘s Boutique or We/us) and you as our customer and consumer (hereinafter also referred to as You or the purchaser), unless we expressly agreed on purchase conditions with you that differ and/or conflict with these T&C in individual cases. These T&C also apply if our customer uses different, opposing and/or supplemental General Terms and Conditions. Such different, opposing and/or supplemental conditions of our customer only apply if we expressly consent to the applicability of such Terms and Conditions.
(2) Consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 of the German Civil Code BGB).
(3) The respective version of these T&C are valid and applicable at the time a contract is concluded.
- 2 Conclusion of contracts/Storage of the contract text
(1) Purchase contracts in our onlineshops are concluded by you and:
dba „Paul‘s Boutique Berlin“
(2) The presentation of products in our onlineshops does not constitute a legally binding offer but only a non-binding request to consumers to order products in our onlineshops. A legally binding contract to purchase products from our onlineshops is concluded by clicking on the <Buy> button for the product(s) listed in your shopping cart. After we received your order we are sending an order confirmation to you to the e-mail address you have submitted to us. This order confirmation mail contains order details, such as a list of product(s) you have ordered, payment information (if applicable) and information on consumers‘ right of withdrawal. Upon shipment of the purchased goods we are sending a shipping confirmation to you via e-mail by which we inform you on the estimated date of delivery.
(3) When ordering online, a contract is concluded after
- a) you have chosen the product(s) you want to order,
- b) you have submitted all the relevant information we need to process your order (name, shipping address, billing address, e-mail-address, requested payment method and payment information) by filling out the respective online forms,
- c) you have agreed to the applicability of theses T&C and
- d) you have clicked on the <Buy> button.
(4) In the event that products you have ordered are temporarily or permanently not available we will inform you accordingly via e-mail.
(5) Before submitting your legally binding order you may view all information you are submitting to us and correct wrong information in the respective online forms or get back to our onlineshop by clicking on the „Back“ button of your internet browser. You can also cancel or interrupt the ordering process before clicking on the <Buy> button by closing the browser window. Further ordering instructions are available during the shopping process.
(6) You can view and print these T&C from our websites at any time. Order details are only stored in our internal systems and will not be available online after your order has been submitted to us.
(7) The language of the contract is English.
- 3 Prices, Shipping costs, Payment, Due date
(1) All prices contain value added tax, if applicable depending on the country you are ordering from. As explicitly specified shipping costs must be added and have to be borne by you. Shipping costs depend on weight, destination and chosen shipping company. Please find detailed information on shipping costs on our FAQ page. You also have to bear any other costs that accrue from shipping items, such as additional tolls or taxes for deliveries to countries outside of the European Union. Valid sales prices apply as on the day the contract has been concluded.
(2) We are offering the following payment methods: PayPal, Sofort-Überweisung, SEPA mandate or credit cards: American Express, Master Card or VISA.
(3) If not otherwise agreed, you are obligated to pay the purchased item(s) without deduction upon the conclusion of the contract. If neccessary for the chosen payment method we will send payment information to you via e-mail along with our order confirmation. As soon as we have received full payment we will ship the item(s) you have ordered to your shipping address.
(4) In the event of further costs for transactions e.g. service fees for wiring or transferring money from abroad these costs have to be borne by you.
(5) In thew event of default we are entitled to charge default interest in the amount of 5 %-points above the basic rate of interest as published by the European Central Bank. If we can prove default damages exceeding the default interest rate (for example in cases of banking fees for charge backs) we can charge full compensation instead of the default interest rate. Your right to prove that damages have not arosen or have not arosen in the extent we are demanding compensation of you remains reserved.
- 4 Shipping
(1) Unless expressly indicated otherwise in the respective product details all items will be shipped immediately after reception of the full sales price. Delivery time for deliveries within the European Union will be five working days. This delivery period will commence the day after we have received full payment. If the end of the delivery period is a saturday, sunday or bank holiday at the destination of delivery, delivery period will end the working day after. Please find detailed information on shipping costs and delivery periods on our FAQ page.
(2) The risk of accidental destruction or accidental worsening of the purchased item will not be transferred to the customer until the item has been delivered to him or until the customer has defaulted on accepting delivery.
(3) If not agreed otherwise, all items will be sent from our warehouse to your shipping address. The purchaser will be charged for any additional costs that accrue, if the purchaser or any other person assigned by purchaser for the receipt of the goods is not present at the indicated delivery address when the goods are delivered.
- 5 Reservation of ownership
Until complete payment of the sales price the delivered goods shall remain our property.
- 6 Right of withdrawal for consumers
Consumers have a right of withdrawal according to the following provisions:
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
Pauls Boutique Berlin, Inhaber: Frank Radermacher
E-Mail: info@ paulsboutiqueberlin.de
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post 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 Frank Radermacher, „Pauls Boutique Berlin“, Milastrasse 3, 10437 Berlin, Germany. 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.
End of the information on the right of withdrawal
- 7 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
via post to: Frank Radermacher, „Pauls Boutique Berlin“
via e-mail to: firstname.lastname@example.org
I/We (*) ________________________________
(first name, last name)
(postal code, city)
hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):
Name of article: ________________________________
Article-No. (*): ________________________________
Ordered on (*): ________________________________
received on (*): ________________________________
Signature of consumer(s) (only if this form is notified on paper), - Date
(*) Delete as appropriate.
- 8 Warranty
(1) Unless expressly and individually agreed otherwise, the legal statutory provisions for defects of the sold items apply. Please note that the goods sold by us are used textile and clothing articles, so-called second hand articles, and not new goods. Signs of use and wear due to normal use are common with second-hand goods and do not generally constitute grounds for any material defects or warranty claims. If we fulfill our obligations to cure defects by delivering an item free of defects, you are obligated in return to send back the defected item within fourteen days after reception of the item free of defects. We are bearing the costs for sending back the defected item, you are bearing the risk of returning the defected item back to us. To avoid that returned defected items get lost, we kindly ask you to assign a shipping company that offers a tracking system for shipping services.
(2) Claims based on defects are subject to the statute of limitations and become time-barred one year after delivery of the respective item.
- 9 Liability
(1) We are liable for damages caused by own wilful or gross negligent acts independently of the legal basis of such claims. In the event of simple negligence we are only liable for breaches of essential contractual obligations limited to compensation payments for direct and foreseeable damages. In the event of simple negligence we are not liable for indirect and consequential damages or lost profits. Essential contractual obligations within the meaning of this provision are those obligations whose fulfilment is material for the proper performance of the contract and on whose compliance you may regularly rely. Our essential contractual obligation is especially our obligation to deliver products free of defects.
(2) The exclusions and limitations of liability as set forth in the above mentioned provision also apply to our employees, representatives or any other agents or subcontractors.
(3) The exclusions and limitations of liability as set forth in the above mentioned provisions do not apply to damages caused by wilful or gross negligent acts, in the event of harm caused by injury to life or health, in the event of breaches of boni mores or infringements caused by wilful or gross negligent acts or to claims based on §§ 1 and 4 of the German Product Liability Act (Produkthaftungsgesetz - ProdHaftG). The exclusion of liability as set forth in the above mentioned provisions does also not apply in the event of simple negligent breaches of essential contractual obligations in which case our liability is limited to compensation for direct and foreseeable damages.
- 11 Online Dispute Resolution according to EC Directive 2013/11/EU on consumer ADR
The European Commission provides a plattform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/
- 12 Final Provisions
German law applies to all disputes arising from purchasing contracts between us and our customers, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).