Terms and Conditions
General Terms and Conditions sachenboutique.com
(As of May 2018)
Here you will find important information about shopping at sachenboutique.com. Please read our terms and conditions carefully.
1. Scope
(1) All offers, purchase contracts, deliveries and services based on orders from our customers (hereinafter referred to as customers) via our online shop www.sachenboutique.com (hereinafter referred to as the “online shop”) are subject to these General Terms and Conditions.
(2) The online shop is operated by (hereinafter “web shop provider”):
b247d GmbH
legally represented by the managing director Axel Steuck
Cantadorstrasse 30
40211 Düsseldorf
Telephone number: +49(0) 211 91732889
Fax: + 49(0) 211 91732890
Email: shop@sachenboutique.com ,
District Court of Düsseldorf, HRB 80291
VAT identification number DE 815584167
(3) The product offering in our online shop is aimed equally at consumers and businesses, but only at end users. For the purposes of these General Terms and Conditions,
(i) a consumer is any natural person who concludes the contract for a purpose that cannot be attributed to his or her commercial or independent professional activity (Section 13 of the German Civil Code – BGB) and
(ii) an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (Section 14 (1) of the German Civil Code).
(4) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(5) The customer’s terms and conditions shall not apply, even if we do not specifically object to their validity in individual cases.
2. Conclusion of contract
(1) The presentation and promotion of articles in the online shop does not constitute a binding offer to conclude a purchase contract.
(2) The customer can select products from the web shop provider's product range, in particular clothing, bags, luggage, sunglasses, key chains, etc., and collect them in a so-called shopping cart by clicking the "...Add items to cart" button. The customer can change and view the data at any time before submitting the order.
(3) By submitting an order via the online shop by clicking the "Buy" button, the customer places a legally binding order. However, the order can only be placed and transmitted if the customer accepts these terms and conditions by clicking the "Accept Terms and Conditions" button and thereby includes them in their application. The customer is bound to the order for a period of two (2) weeks after placing the order; their right to cancel the order, if any, under Section 9 of these Terms and Conditions remains unaffected.
(4) The web shop provider will immediately confirm receipt of the customer’s order placed via the online shop by email.
(5) A contract is only concluded when the web shop provider accepts the customer's order by sending a declaration of acceptance via email or by delivering the ordered items. In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.
(6) Should delivery of the goods ordered by the customer not be possible, for example because the corresponding goods are not in stock, the web shop provider will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. The web shop provider will inform the customer immediately and promptly refund any consideration already received.
(7) The contract is concluded in German.
3. Delivery
(1) Delivery times specified by us are calculated from the date of conclusion of the contract, subject to payment of the purchase price. If no or no different delivery time is specified for the respective goods in our online shop, the delivery time shall be 20 days.
(2) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in one of the following countries and can provide a delivery address in the same country: Germany, Austria, Switzerland
(3) We are entitled to make partial deliveries, provided this is reasonable for the customer.
4. Prices, costs and payment
(1) Our prices listed on the online shop website include statutory sales tax, if applicable, but not shipping costs. Customs duties and similar charges are the responsibility of the customer. Shipping costs are stated in the prices listed in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit your order.
(2) If we fulfill your order by partial deliveries in accordance with Section 3 (3), you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(3) If you effectively revoke your contractual declaration in accordance with Section 9, you can, under the statutory conditions, demand reimbursement of costs already paid for delivery to you (shipping costs) (see Section 9, Paragraph 2 for other consequences of revocation).
(4) Unless expressly agreed otherwise, we only deliver against advance payment, payment via PayPal and payment by credit card (VISA, Mastercard, American Express).
(5) The customer shall not be entitled to any right of set-off or retention unless the counterclaim is undisputed or has been legally established.
(6) "Vouchers" are personal codes that allow the customer to receive a discount on items from puttmeister.com. The "Vouchers" field is located on the first page of the shopping cart. Once the customer has added the items to the shopping cart, they can enter the voucher code in the field and click "Redeem." The voucher can only be used once and cannot be redeemed for cash.
5. Shipping, insurance and transfer of risk
(1) Unless expressly agreed otherwise, we shall determine the appropriate shipping method and the carrier at our reasonable discretion.
(2) We are only responsible for the timely and proper delivery of the goods to the carrier and are not responsible for delays caused by the carrier. Any shipping time stated by us is therefore non-binding.
(3) If the customer is a consumer, the risk of accidental loss, damage, or destruction of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk shall pass to the customer upon delivery of the goods to the carrier.
6. Retention of title
(1) We reserve title to the goods delivered by us until full payment of the purchase price (including VAT and shipping costs) for the goods in question.
(2) The customer is not entitled to resell the goods delivered by us and still subject to retention of title without our prior written consent.
7. Warranty
(1) If the delivered goods are defective, the customer may initially request that we remedy the defect or deliver defect-free goods. However, if the customer is an entrepreneur, we may choose between remedying the defect or delivering a defect-free item. This may only be done by notifying the customer in text form (including by fax or email) within three working days of receiving notification of the defect. We may refuse the type of subsequent performance chosen by the buyer if this would only be possible at disproportionate costs.
(2) If subsequent performance pursuant to Section 7 (1) fails or is unreasonable for the customer, or if we refuse subsequent performance, the customer shall be entitled, in accordance with applicable law, to withdraw from the purchase contract, reduce the purchase price, or demand compensation or reimbursement of wasted expenses. The special provisions of Section 8 of these General Terms and Conditions also apply to the customer's claims for damages.
(3) The warranty period shall be two years from delivery if the customer is a consumer, otherwise twelve months from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been accepted by the customer if a defect is not reported to us (i) in the case of obvious defects within five working days of delivery or (ii) otherwise within five working days of discovery of the defect.
(5) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order acceptance for the respective article.
8. Liability
(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the web shop provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
9. Cancellation policy
(1) Consumers generally have a statutory right of withdrawal when concluding a distance selling contract, of which the provider will inform them below in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in paragraph (3). A model withdrawal form can be found in paragraph (4).
(2) In addition, the provisions for the right of withdrawal shall apply as detailed in the following
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us (b247d GmbH, Cantadorstrasse 30, Telephone number: +49(0) 211 91732889, Fax: +49(0) 211 91732890, Email: shop@sachenboutique.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory.
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of your exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of withdrawal If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. 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 or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
End of the cancellation policy
(3) The right of withdrawal does not apply to the following contracts in accordance with Section 312 g Paragraph 2 of the German Civil Code (BGB):
Contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, and it expires prematurely in the case of contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery and in the case of contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(4) The webshop provider informs about the model withdrawal form in accordance with the statutory provisions as follows:
Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
- To b247d GmbH, Managing Director Axel Steuck, Cantadorstrasse 30, 40211 Düsseldorf, Telephone number: +49(0) 211 91732889, Fax: +49(0) 211 91732890,
Email: shop@sachenboutique.com - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date (*) Delete as appropriate
10. Applicable law and jurisdiction, copyrights, severability clause
(1) The purchase contract between us and the customer is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, subject to mandatory provisions of international private law.
(2) If the customer is a merchant within the meaning of Section 1 (1) of the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the courts of Cologne, North Rhine-Westphalia, shall have exclusive jurisdiction for all disputes arising from or in connection with the relevant contractual relationship. In all other cases, we or the customer may bring legal action before any court competent under statutory provisions.
(3) We hold the copyright to all images, films, and texts published in our online shop. Use of these images, films, and texts is not permitted without our express consent.
(4) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.