GENERAL TERMS AND CONDITIONS OF TRADE
§ 1 Scope and Provider
These general terms and conditions apply for all orders in the OUT OF VOGUE online shop of Plastic Bomb GmbH, owner-manager Ronja Schwikowski.
Service hotline: +49 (0)203 3630 334
Our deliveries, services and offers exclusively occur on the basis of these general terms and conditions.
The general terms and conditions apply to companies for all future business relations, even if they are not explicitly agreed upon in each case. Involvement of terms and conditions of a client that contradict our general terms and conditions is vetoed in advance.
The language of the contract is exclusively German.
You can read and print out our currently applicable general terms and conditions on our website: http://www.shop.outofvogue.de/agb.
§ 2 Conclusion of the Contract
The presentation of goods in our online shop does not represent a binding proposal to conclude a purchase contract, but rather is a non-binding invitation to buy goods in our online shop.
By clicking the ‘Buy’ button, you make a binding offer to buy (§ 145 German Civil Code – Bürgerliches Gesetzbuch (BGB))
After your offer to buy has been received, you will receive an automatically generated confirmation email with which we confirm that we have received your order (acknowledgement of receipt).
This acknowledgement of receipt does not represent acceptance of your offer to buy; a contract is not concluded with the acknowledgement of receipt.
As soon as we explicitly confirm the acceptance of your offer to buy or as soon as we ship the products – without prior explicit declaration of acceptance – a contract will come into existence.
§ 3 Prices
The prices indicated on the product pages include the statutory VAT and any further price components, excluding the relevant delivery charges.
§ 4 Payment Terms; Default
Payment options: advance payment, payment on delivery, PayPal.
After choosing advance payment, you will find our bank details in the order confirmation. The amount has to be transferred within ten days.
§ 5 Offsetting / Right of Retention
Offsetting is only legally permitted if your counter-demand is established without further legal recourse or if it is not contested by us.
You only have right of retention as long as your counter-demand relates to the same contractual relationship.
§ 6 Delivery; Reservation of Ownership
Except when otherwise stipulated, the delivery of goods occurs from our warehouse to your given address.
Until the date of complete payment, the products are still in our rightful ownership.
If you are an entrepreneur in terms of § 14 BGB, please note the following:
- We retain ownership of the products until full payment of all outstanding debts from the ongoing business relationship has been completed. Pledging of collateral or transfer by way of security before transfer of ownership of the goods subject to reservation of title is not permitted.
- You may sell the goods on in the ordinary course of business. In this case, you now cede to us all bills receivable to the extent of the amount invoiced that you accrue from the further sale. We accept the cession, you are however authorised to collect the debts. Insofar as you fail to fulfil your obligations to pay in an orderly manner, we reserve the right to collect the debts ourselves.
- In the case of combination and mixing of goods subject to reservation of title, we acquire co-ownership of the new goods to the extent of the invoice value of the goods subject to reservation of title with regard to the other processed objects at the time of processing. We undertake to confer securities to which we are entitled on request, insofar as the implementable value of our securities surpasses the bills receivable to be secured by more than 10%. We are responsible for the selection of the securities to be conferred.
§ 7 Power of Revocation
If you are a consumer in terms of § 13 BGB, that is to say you make the purchase for purposes that cannot primarily be related to commercial or freelance professional activities on your part, you have a right of revocation in line with the following terms.
Right of Revocation
You have the right to cancel the contract within 14 days without giving any reason. The right of revocation exists for 14 days calculated from the day you or a third-party named by you, who is not the carrier, takes possession of the goods.
To execute the right of revocation, you have to inform us (Out Of Vogue c/o Plastic Bomb GmbH, Heckenstr. 35 / HH, 47058 Duisburg, email: firstname.lastname@example.org, telephone +49 (0)203 3630 334) (for example in a delivered letter or email) with a clear explanation of your decision to cancel the contract. You may use the attached revocation form template, but this is not mandatory. A message about the activation of the right of revocation before the cancellation period expires is sufficient to execute the right of revocation.
Consequences of a Revocation
If you cancel this contract, we have to refund your payment including shipping costs (except additional charges for methods of shipment chosen by you that differ from the most economical standard delivery offered by us) promptly within 14 days of receiving your written right of revocation. For reimbursement we use the same payment method as the original transaction if there is no other explicit agreement. We will never charge an extra fee for the repayment.
We can refuse repayment until we receive the goods or you provide proof that you have sent back the goods, whichever occurs first.
You must return the goods immediately and in any case no later than 14 days from the day you informed us about your right of revocation. The deadline is considered met if you send the goods before expiration of the 14 days.
You bear the direct return costs. You only have to provide compensation for any deterioration of the goods if this deterioration is a result of handling by you that was not necessary for inspection of the state, features and functionality of the goods.
Template revocation form
If you wish to cancel the contract, please fill out this form and return it to us at
Out Of Vogue c/o Plastic Bomb GmbH, Heckenstr. 35 / HH, 47058 Duisburg
Phone: +49 (0)203 3630 334.
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Ordered on (*) / received on (*):
Name(s) of the consumer(s):
Address(es) of the consumer(s):
Signature(s) of the consumer(s) (only when sending on paper):
(*) Delete as appropriate
End of the Power of Revocation
The right of revocation does not exist for the delivery of goods that were not prefabricated and the production of which required individual selection or instruction by the consumer or that were clearly tailored to the personal requirements of the consumer; delivery of sealed goods that are not suitable for return due to reasons of health protection or hygiene if their seal was removed after delivery; or delivery of audio or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Please avoid damage and contamination. Wherever possible, please return the goods to us in their original packaging with all accessories and elements of packaging. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure you use suitable packaging to provide sufficient protection against damage in transit in order to avoid claims for damages due to unsuitable packaging.
Please call us on +49 (0)203 3630 334 to announce the return shipping before sending. This allows us to assign the products as quickly as possible.
Please note that the modalities listed in the above clauses 2 and 3 are not prerequisites for effective execution of the right of revocation.
§ 8 Damage in Transit
If goods are delivered with obvious damage from time in transit, please register this complaint with the courier immediately and contact us as soon as possible.
Failure to make contact or a complaint in good time has no effect on your legal warranties. However, you help us to make our own claims against the freight carrier or for transport insurance valid.
§ 9 Warranty
If not explicitly agreed otherwise elsewhere, your warranty claims are in line with the legal provisions for the sale of goods (§ 433 ff. BGB).
If you are a consumer in terms of § 13 BGB, the period of limitation for warranty claims for used goods – legal provisions notwithstanding – is one year. This limitation does not apply to claims due to damages resulting in loss of life, bodily injury or damage to health, or due to violation of an essential contractual obligation, the fulfilment of which is necessary for proper implementation of the contract and the fulfilment of which can generally be expected by the contract partner (material contractual obligation), as well as claims due to other damages relating to wilful or grossly negligent violation of obligations on the part of the user or their vicarious agents.
The legal provisions also apply to the warranty.
If you are an entrepreneur in terms of § 14 BGB, the legal provisions apply with the following modifications:
- Only our own specifications and the manufacturer’s product description are binding for the state of the goods, not public promotions and statements or other advertising by the manufacturer. You are obliged to inspect the goods for deviations in quality and quantity immediately and with due care and to indicate obvious defects within seven days of receipt of the goods. Timely sending is sufficient to adhere to the deadline. This also applies from the point of discovery of hidden defects established later. Warranty claims are not valid if the requirements of inspection and timely complaint are violated.
- In case of defects, we fulfil our warranty obligations by choosing between rectification of defects or delivery of a replacement (supplementary performance). In the case of rectification of defects, we do not have to bear increased costs resulting from transportation of the goods to a location other than the place of performance, insofar as the transportation does not correspond to the use of the goods as specified in the provisions.
- If supplementary performance fails twice, you can choose to either demand a reduction in price or withdraw from the contract. The warranty period is one year from delivery of the goods.
§ 10 Liability
Unlimited liability: we are liable for wilful intent and gross negligence. We are liable for slight negligence in line with the stipulations of the German product liability act (Produkthaftungsgesetz) and damages due to loss of life, bodily injury or damage to the health of persons.
Limited liability: in cases of slight negligence, we are also liable only in case of violation of an essential contractual obligation, the fulfilment of which is necessary for proper implementation of the contract and the fulfilment of which can generally be expected by the contract partner (material contractual obligation). This liability limitation also applies to our vicarious agents.
§ 11 Closing provisions
Should one or several of the provisions of these GTCTs be or become invalid, the validity of the other provisions is not affected.
Exclusively German law is applicable to contracts between us and you, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
If you are a merchant, corporate body under public law or a special agency subject to public law, the place of jurisdiction for all disputes resulting from or in connection with contracts between us and you is Duisburg.
These GTCTs are based on a contract template from HÄRTING Rechtsanwälte.