ToS
Terms of Service
Former Berlin GbR towards consumers
Contracts are concluded with the formes Berlin GbR, Oranienstrasse 183, 10999 Berlin, represented by the shareholders Nick Rübesamen and Henrike Mayer, ibid
Tel .: +49 (0) 30 69 53 68 21
Fax .: +49 (0) 30 61285720
(at) formes-berlin.com
VAT ID no .: DE281284352
1. General, Scope
1.1 The following terms and conditions apply to all offers, deliveries and services of formes Berlin GbR, following “providers” made and provided to consumers. The effect of any general terms and conditions of the customer, following “customer”, is expressly excluded.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can be attributed to neither their commercial nor their independent professional activity.
2. Offer and conclusion of contract
2.1 Our offers are not binding and subject to change. They are a non-binding invitation to submit an offer. An order shall only be deemed accepted if it has been confirmed in writing by us or if we have started the delivery.
2.2 If the contracting party orders the goods electronically, we will immediately confirm the receipt of the order electronically. The confirmation of receipt does not represent a binding acceptance of the order. The confirmation of receipt can be linked to the electronic declaration of acceptance.
2.3 The contracting party is liable for the correctness of the documents to be supplied by him, eg. Eg drawings, samples etc.
2.4 All quantities, measurements, colors and weights contained in our offers and brochures are understood taking into account the customary tolerances. The information, plans, drawings, illustrations, performance descriptions, samples (technical changes reserved) contained in the documentation belonging to the offer represent industry-standard approximations unless they are expressly designated as binding in the order confirmation.
2.5 The conclusion of the contract is subject to the correct and timely self-delivery by our suppliers, if the non-delivery is not ours
is represented, in particular when entering into a congruent hedging transaction with our supplier. We expressly assume no procurement risk.
3. Prices and shipping costs
The prices quoted are quoted in Euro (€) and include VAT and all other price components. In addition to the prices quoted, shipping costs. In the case of deliveries outside the EU, customs duties and import sales tax can be incurred, which must be paid by the customer upon receipt of the shipment to the customs authority.
4. Terms of payment and shipping
4.1 Payment is made in advance by cash or bank transfer.
4.2 Unless otherwise specified or agreed, the delivery time from acceptance of the order up to 7 working days within Germany and – depending on the distance – up to 30 working days to other countries. If the delivery to the orderer fails because the orderer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the orderer bears the costs for the reshipment. The renewed shipping costs correspond to the shipping costs agreed upon conclusion of the contract. The supplier will inform the customer of the required costs of a new delivery by e-mail. A new dispatch takes place only after receipt of payment of these costs.
5. Retention of title
Any goods delivered by us remain our property until full payment of the purchase price.
6. Right of withdrawal for distance contracts in consumer contracts – Cancellation Policy
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must contact us (formes Berlin GbR, Oranienstrasse 183, 10999 Berlin, Tel .: +49 (0) 30/69536821, fax: +49 (0) 30/61285720, e-mail: info @ formes -berlin.com) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods. End of revocation
7. Cost of return upon revocation
In case of cancellation you have to bear the direct costs of the return.
8. Warranty
If the item is defective, you are entitled to the statutory warranty rights: If you are a consumer: For newly manufactured items 24 months; for used things 12 months.
9. Liability for breaches of duty otherwise
9.1 Without prejudice to the provisions on warranty and other special provisions made in these provisions, in cases where we have violated an obligation, we shall be liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose violation jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, we are not liable for unpredictable, non-contractual damages. We are not liable for slightly negligent violation of other duties.
9.2 The above exclusions of liability do not apply to injury to life, body and health.
9.3 Our liability for malice and according to the Product Liability Act remains unaffected.
10. Ineffectiveness
Should a provision of these General Terms and Conditions be ineffective, the contract remains otherwise valid. In such case, the law is replaced by the invalid provision.
© 2014 formes Berlin GbR
4. Terms of payment and shipping
4.1 Payment is made in advance by bank transfer or prepayment by “PayPal”.
4.2 Unless stated otherwise in the item description, the delivery time from order up to 7 working days for delivery within Germany and – depending on the distance – up to 30 working days to other countries.
If the delivery to the orderer fails because the orderer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the orderer bears the costs for the reshipment. The renewed shipping costs correspond to the shipping costs agreed upon conclusion of the contract. The supplier will inform the customer of the required costs of a new delivery by e-mail. A new dispatch takes place only after receipt of payment of these costs.
5. Retention of title
5.1. Any goods delivered by us remain our property until full payment of the purchase price.
5.2 If the customer is an entrepreneur, then the following additionally applies: We reserve the ownership of the delivered goods from the business relationship with the customer in a simple, extended and extended form until the fulfillment of all claims (including all balance claims from current account) that us every legal reason against the partner right now or in the future, or until the complete fulfillment of all claims under the contract. Therefore, we are granted the following collateral, which will be released upon request at our discretion, if and to the extent that their value, less the costs to be hedged, sustainably exceeds the claims by more than 20%. The customer may resell the reserved goods in the ordinary course of business. He is not entitled to assign and pledge the retained goods as security. The resale of the goods is only permitted by passing on the retention of title. In the event that the customer does not pass on the reservation of title during resale, he hereby assigns his claim against the purchaser to us. This also applies to the balance claim from a current account, if the partner has agreed with his customer. We accept the assignment. We may require the customer to disclose the assigned claims and their debtors. We are then entitled to disclose the assignment at our discretion. In case of default of payment, we may demand the return of the object for which the retention of title exists within a reasonable period of time and otherwise dispose of the object and, after payment by the partner, re-supply it with another object within a reasonable period of time. The customer is obliged to properly store the goods belonging to us and to ensure their proper insurance. If the customer defaults in payment or third parties access the reserved goods or the customer falls into financial collapse, we are entitled to enter the premises of the customer to assert our retention of title and to take the reserved goods to us. The customer hereby allows our employees to enter his business premises at any time to secure the goods. The bailiff is authorized to hand over the goods to us after the seizure has been canceled.
6. Right of cancellation for distance contracts
Consumer contracts CancellationWithdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us (formes Berlin GbR, Oranienstrasse 183, 10999 Berlin, Tel: 0049 (0) 30/69536821, fax: 0049 (0) 30/61285720, E-Mail: info @ formes-berlin .com) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocationWe do not grant contractors the right of withdrawal.
7. Cost of return upon revocation
In case of cancellation you have to bear the direct costs of the return.
8. Warranty
If the item is defective, you are entitled to the statutory warranty rights:
If you are a consumer: For newly manufactured things 24 months; for used things 12 months. If you are an entrepreneur: For newly manufactured goods 12 months, for used goods the warranty is excluded.
9. Liability for breaches of duty otherwise
9.1 Without prejudice to the provisions on the warranty and other special provisions made in these provisions, in cases where we have violated an obligation:
We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, whose violation jeopardizes the achievement of the purpose of the contract and on whose compliance the customer regularly trusts. In the latter case, however, we are not liable for unpredictable, non-contractual damages. We are not liable for slightly negligent violation of other duties
9.2 The above exclusions of liability do not apply to injury to life, body and health.
9.3 Our liability for malice and according to the Product Liability Act remains unaffected.
10. Jurisdiction
The sole place of jurisdiction for all disputes arising from the contractual relationship as well as its effectiveness, also in the context of a bill of exchange and / or check process, is if the customer is a registered trader, a legal entity under public law or a special fund under public law or has its registered office abroad, at our option the seat of us or the seat of the customer. This contract is exclusively governed by the law of the Federal Republic of Germany. The validity of the UN sales law for the international purchase of goods is expressly excluded. The provisions of Section 10 of these General Terms and Conditions do not apply if the customer is a consumer.
11. Ineffectiveness
If any provision of these General Terms and Conditions is ineffective, the remainder of the contract remains valid. In such case, the law is replaced by the invalid provision.
© 2014 formes Berlin GbR
Imprint of the seller
Former Berlin GbR
Shareholders: Nick Rübesamen and Henrike Mayer
Oranienstr. 183
10999 Berlin
germany
Telephone: +49 30 69 53 68 21
Fax: +49 30 61 28 57 20
www.formes-berlin.com
E-Mail: info@formes-berlin.com
VAT registration number. DE 281284352
Last updated on 25.05.2018
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Former Berlin GbR
Oranienstr. 183
10999 Berlin
Tel .: 0049 (0) 30/69 53 68 21
Fax .: 0049 (0) 30/61 28 57 20
E-Mail: info@formes-berlin.com
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
– Ordered on (*):
– Received at (*):
– name of the consumer (s) (*):
– address of the consumer (s) (*):
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Signature of consumer (s) (*), date
(*) Delete as appropriate