Terms and Conditions

General Terms and Conditions of Business

Validity
This document replaces all former editions.

General
Here are the general terms and conditions of business.

document: 07.03.2019

contract partner is:
SWS Marek Heinel, Schönblickstraße 107, 71272 Renningen, Germany

info@stoned-washed-shirtz.de

1. Factual scope of application

(1) These terms and conditions of business a valid for all claims deriving from and in combination with a contract over the delivery of goods between Mister Marek Heinel and the customer that came into being with the help of the Stoned Washed Shirtz Onlineshop.
(2) "Entrepreneur" is a natural or juristic person or a partnership having legal capacity, that at the moment of the conlusion of the contract with Mister Heinel was acting in practice of their economical occupation.
(3) As far as these terms and conditions of business contain rules for the transfer of goods between entrepreneurs, these rules are only valid for customers which are entrepreneurs in the sense of the paragraph above. However these rules are not valid for other customers.
(4) For any conclusion of a contract that came into being over the Stoned Washed Shirtz Onlineshop these terms and conditions of business are valid. Terms and conditions of the customer are only valid in those cases in which Mister Heinel has confirmed them in written form.

2. Conclusion of a contract
(1) The products, services and goods listed in the Stoned Washed Shirtz Onlineshop are not to be understood as a legally binding offer for Mister Heinel - they are rather to be understood as a request to the costumer to execute an offer towards Marek Heinel.
(2) Such an offer is to be seen as forwarded to Mr. Heinel when the button "confirm order" or "submit order" is clicked during the fifth step of the checkout process. The legally binding offer aims at the conclusion of a contract between the customer and Mr. Heinel including all the products in the customers shopping cart at the moment in which the button "submit order" or "confirm order" is clicked.
(3) Mr. Heinel is authorized but not obliged to accept this offer within seven workingdays. The offer is accepted as soon as Mr. Heinel has submitted an e-mail to the customer with an order confirmation. The order confirmation will be sent to the e-mail-address that was saved during the order process. The contract is to be seen as concluded with the instance when Mr. Heinel accpets the offer.

3. Shipping costs
f an order has reached an amount of minimum € 40,- and the payment method takes place in advance, the shipping is free for the customer.

Shipping costs for deliveries within Germany

T-Shirts up to an  amount of two pieces will be delivered as a large letter (measures 25cm * 35cm * 4cm / no insurance).
T-Shirts starting from an number of three pieces and hoodies or jackets will be delivered with a small package (no insurance).
Hoodies and Jackets starting from a number of three will be delivered as package (insurance).

Within Germany it is possible to pay via cash on delivery. If you choose this payment  method there will be an extra charge of € 4,00.

Should you have any questions concerning the shipping costs or methods please contact us.

Shipping costs for international deliveries

The shipping costs include loading- and packaging fees as well as postage. Shipping takes place on the customers risk.

4. Payment methods
1. Bankwire:  After receiving the money the order will be sent to the customer. Bank details:
SWS Marek Heinel
KTO: 668 812 808
BLZ: 700 100 80
POSTBANK MÜNCHEN

IBAN: DE57 7001 0080 0668 08128 08  
BIC: PBNKDEFF

2. Cash on delivery: For deliveries within Germany the customer can choose cash on delivery as a payment method. A further fee for the cash on delivery service of the carrier will be charged.

3. PayPal: The customer has the possibility to transfer the money via the service of paypal. The order will be sent to the customer after the amount was transferred to the paypal account of Mr. Heinel.

4. Bankwire via sofort-bank: The customer has the option to transfer the money with the help of the sofort-bank. After the money was transferred to the account of Mr. Heinel the order will be prepared for shipping.

5. Agreement concerning the costs of returns when claiming the right of revocation according to paragraph 6 ("Right of revocation")

With the submission of the offer the customer agrees that in case of claiming the right of revocation according to § 355, § 312 d BGB the shipping costs for returns will be payed by the customer in case the delivered products match the ordered products and

- the prize of the goods or products that have to be returned is not higher than 40 €

-  should the customer in cases of higher prizes of the goods or products at the date when the right of revocation was claimed not have executed the counterperformance or a partial payment. In other cases the return is free for the customer.

6.   Right of Revocation

The customer has the right to revoke the contract within a month without giving any reason in written form (i.e. by letter, email, fax) or - in case the goods or products were delivered before the end of this period - also by returning the goods or products. The period starts earliest at the day after receiving this information, but not prior to the delivery of the goods or products and also not before Mister Heinel has entirely fulfilled his legal obligations to inform the customer about his right of revocation.

The contract is revoked in time, when the goods or products are returned within this time period. The declaration of revocation has to be addressed to:

SWS Marek Heinel
Marek Heinel
Schönblickstraße 107
71272 Renningen
Germany

info@stoned-washed-shirtz.de

Legal Consequences of Revocation

If the customer exercised his right of revocation, both parties have to reimburse the benefits.

The customer has the obligation to pay compensation for the lost value, if he is not able to reimburse the received benefits or products in total or only in a deteriorated condition. This regulation only holds for shortcomings that are the result of a usage that goes beyond a regular assassment of the features and functionality of the products or goods – how it would have been possible in a retail shop.
End of instructions concerning the right of revocation

7. Delivery

(1)        The products or goods are delivered immediately after receiving the money. In cases of orders with a payment cash on delivery the goods are prepared for shipping immediately after receiving the order.
(2)        The customer bears the shipping costs. In cases of orders with a payment cash on delivery, the customer has to bear the extra fee for the cash on delivery service of the carrier. Mister Heinel bears the shipping costs in cases pament in advance in combination with an order value of over € 40,-.
(3)        Partial deliveries are apropriate as long as they are reasonable for the customer.
(4)        The goods or products will be delivered in form of big letters and or parcels (mostly without insurance).
(5)        In cases of damaged parcels or letters the carrier should be informed immediately.

8. Withdrawal from contract according to delayed or failed deliveries from suppliers (reservations of self supply)

(1)   Mister Heinel has the right to withdraw from the contract as far as he does not receive the products and goods from suppliers needed to perform his obligations although a respective contract was concluded. The obligations concerning malice or negligence according to the provisions of the law stay untouched.
(2)   Mister Heinel will inform the customer in such cases immediately about the unseasonable availability of the delivery item. Further more he will exercise his right of withdrawal immediately in the cases where he wishes to withdraw from the contract. Mister Heinel will reimburse respective benefits immediately in case of a withdrawal from the contract.

9. Prices

Valid are the prices at the time of the order, like they are specified in the cart of the Stoned Washed Shirtz-Onlineshop. The prices contain the value-added tax and refer to the depicted items respective their description in the onlineshop, but not for accessories, belongings and decorations as far as it is not expressly stated..

10. Conditions of payment

(1) In cases of payment via "cash on delivery" the invoice amount is due in full without any discounts immediately when receiving the delivery. If the customer has chosen the option to pay per "bankwire", "sofort Überweisung" or "paypal" the payment takes place in advance. In these cases the customer has to pay the full amount after receiving his order confirmation in form of an e-mail with the respective order id.
(2) Payment via cheque are not accepted without written agreement beforehand. Acceptance takes only place on account of performance.
(3) The customer only can offset those claims or only use those claims to withhold payment which are undisputed as per correspondence and which are legally established.

11. Warranty

The warranty obligations are determined according to the statutory provisions.

12. Reservation of proprietary

Mister Heinel reserves the ownership of the goods that are delivered by him to the customer, until the customer has satisfied all demands / financial claims finally.

 13. Disclaimer

 Liability for contents

The contents of this websites were developed with high diligence. However Marek Heinel can not guarantee the correctness, completeness and timeliness of the content. As a service provider he is responsible for his own contents on these pages depending on § 7 Abs.1 TMG. Depending on § 8 bis 10 TMG he as a service provider is however not obliged to control information that are submitted or saved from a third party. Further more Marek Heinel is not obliged to inquire circumstances that indicate violations of the law. Liability to delete or block information following the regular rules stays untouched. A liabilty for informations that violate the rules does not exist until the date these violations were registered as such. Contents that violate the laws will immediately be removed after Marek Heinel got notice of the respective violations.

Liability for links

These websites contain links to extern websites of third parties. Marek Heinel has no influence on the contents of these pages and is therefor not liable for these extern contents. Responsible for the contents of the linked pages are always their respective providers or owners. The linked pages were checked for any violations of the laws at the moment where those links were made. At that point of time no violations of the law were noticable. A permanent control of the contents of those linked pages is not reasonable without specific indications of violations of the law. Should Marek Heinel got notice of any violations of the law on the linked pages the respective link will be removed immediately.

14. Privacy

With the submission of your order you agree that the personal data is safed which is needed to perform the transaction. The personal data will not be transferred to any third party. Mister Heinel will only use the perosnal data for his own marketing strategies. On request every customer will get information concerning his personal data safed by Mister Heinel.

15. Further provisions

In case some individual provisions of the contract between Mister Heinel and the customer including these terms and conditions are ineffective partially or as a whole, be invalid or contain loopholes now or in the future, this shall not affect the validity of the remaining provisions. The ineffective or invalid provision shall be replaced by the statutory regulation which comes closest to the economic sense and purpose. This is also valid for regulations that contain loopholes.

 16. Place of fulfilment, court of jurisdiction, applicable law

(1) The substantive law of the Federal Republic of Germany to the exclusion of all references to other legal systems and international agreements is effective. The UN Convention on Contracts for the International Sale of Goods shall be excluded.
(2) Is the customer a businessman, a jurisdictional person of the public law or special asset governed by public law, the place of fulfilment for delivery and payment is agreed to be Leonberg.
(3) Is the customer a businessman, a jurisdictional person of the public law or special asset governed by public law, the exclusive legal venue for all disputes resulting from this contract shall be Leonberg.