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General Terms and Conditions of OUTLOOK design in time
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1. Scope 1.1 The following Terms and Conditions of OUTLOOK design in time, owner: Kirsten Kampmann-Aydogan, Am Querkamp 2 A, D-28203 Bremen (in the following referred to as OUTLOOK) apply to all present and future business relations between OUTLOOK and the customer. The General Terms and Conditions also apply to future business relations with customers, even in those cases where the application of the Terms and Conditions are not explicity referred to. 1.2 Any conditions or other restrictions, which oppose to, defer from or complement these Terms and Conditions will not be accepted. Except in those individual cases where OUTLOOK explicitly and in written form accepts these conditions in place of these General Terms and Conditions. 1.3 All other agreements, statements, subsidiary agreements or modifications to these General Terms and Conditions are not effective unless presented in written form, i.e. the handwritten signature of an authorized representative. This also applies to this clause. |
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2. Conclusion of Contract 2.1 Offers of OUTLOOK are subject to confirment and should only be considered by the customer as an invitation to place an order, which is then considered to be an offer for conclusion of a contract. The contract is only considered binding when the explicit order confirmation from OUTLOOK is delivered. An offer from the customer is binding. An order confirmation does not mean that the offer has been accepted, rather it only serves as an information that the order has been received. The acceptance is only valid through an order confirmation from OUTLOOK. 2.2 Irrespective of the stipulation in Point 2.1, a contract is considered binding at the latest when the customer accepts the offered services. 2.3 The order confirmation of OUTLOOK is exclusively decisive for the scope of liability. |
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3. Return Policy The customer has the right to return the undamaged and complete goods within a 2- week period after receipt of goods without stating any reasons. The timely return of the goods is sufficient for ensuring the money-back guarantee. The costs for the return shipment will be carried by OUTLOOK. If signs of use are evident, it is OUTLOOKs right to reimburse a price which reflects the value reduction. OUTLOOK has the right to deduct this amount from the repayable fee. If the goods are lost or other impossibilities of return arise, which are the responsibility of the customer, OUTLOOK must be compensated for the respective reduction of value by the customer.
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4. Delivery 4.1 Deliverable handbags are regularly ready for delivery 3 days after receipt of payment. If special color-, form- or combination requests of materials are ordered, then a delivery time of up to 3 to 6 weeks after receipt of payment can be expected. In this case the customer will be notified about the longer delivery times in the order confirmation. 4.2 As soon as the goods leave the warehouse of OUTLOOK, the risk of accidental damage or deterioration is passed on to the customer. 4.3 The conclusion of the contract is accepted under reserve of the correct and timely delivery of the goods to OUTLOOK through its supplier. If the ordered goods are not available, OUTLOOK has the right to withdraw from the contract. OUTLOOK will immediately inform the customer of unavailability and will promptly reimburse the customer all expenses, which may have already been made. 4.4 Delivery is under reserve that the goods are in stock.
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5. Payment 5.1 OUTLOOK only delivers goods which have been totally payed in advance. 5.2 The customer pays for those services mentioned in the contract, the purchase price stated in the order confirmation. VAT and shipping costs must be added to all prices. For order values exceeding EUR 300,- net,�? shipping costs for national deliveries are cost free. 5.3 Payments are only considered made, when the payment is disposable on the account of OUTLOOK. 5.4 The customer shall only be entitled to offset claims if they have been awarded by a competent court of jurisdiction or if they are indisputable. 5.5 Rights of lien or other rights to refuse payment can only be made valid towards OUTLOOK, if its counterclaim is based on the same contractual relation.
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6. Retention of Title The delivered goods remain the property of OUTLOOK until all payments have been made.
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7. Examination and Notice of Non-Conformity 7.1 The customer is obliged to examine the goods for any visible non-conformity as appropriate in the regular cource of business. Noticable damage must immediately be submitted to OUTLOOK in written form, however no later than 5 calender days after receipt of goods. 7.2 Damages that cannot be detected even with careful checking as stipulated under point 7.1 and are later detected must immediately or no later than 5 calender days after detection be communicated to OUTLOOK in writing. 7.3 Should the customer neglect to make the necessary notification in accordance with the forementioned points 7.1 resp. 7.2, then he loses his warranty for the respective defect.
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8. Warranty 8.1 >OUTLOOK points out that some of the materials used for the production of the handbags, especially the license plates and the rubber come from automobiles which have been signed off. Due to the origin and nature of the materials it is not possible to produce the handbags sce nt-free. The scent will decrease and volatilise during the course of use. 8.2 OUTLOOK also points out that the handbags are handmade unicums from South Africa. For this reason the handbags always defer from the described prototypes, in respect to production the choice of license plates and LPs. Number and letter combinations of the license plates as well as titles and choice of LPs can not be influenced. The only variable, which may be influenced in the production of handbags made from license plates and LPs is the color. However only then when the requested product is in stock. 8.3 OUTLOOK does not accept any garantee for services rendered in respect to nature or durability, except in those cases where OUTLOOK explicitly accepts such a garantee in written form. 8.4 In those cases where a timely and justified notification of damages is made OUTLOOK has the option to either repair the damages or deliver a product without damages. 8.5 In any event the customer is entitled to all other statutory warranty rights. For claiming compensation according to �� 437 Nr. 3 of the German Civil Code the general liability limitations stated in Point 9 apply. 8.6 Warranty and compensation claims are time-barred after one year of delivery.
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| 9. Liability
9.1 Subject to the following provisions OUTLOOK is only liable for damages which are caused by wilful or gross negligence on the part of OUTLOOK, their authorized representatives, managers or other agents. 9.2 OUTLOOK is not liable for damages which were not caused by wilful or gross negligence on the part of OUTLOOK, their authorized representatives, managers or other agents. Except in those instances where a contractual duty is breached and its adherence is important for the fulfilment of the contract (cardinal obligation). In this case, the maximum liability is limited to that which is usual and customary for such damage claims in the jurisdiction that covers these Terms and Conditions. 9.3 A possible liability of OUTLOOK for damage from injury of the life, the body or the health in accordance with the Product Liability Law, remains unaffected.
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10. Customer Service Questions regarding orders or reclamations can be sent per e-mail.
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11. Storage of Contract Text in the Case of Online-Orders OUTLOOK stores data and order details submitted online. An order confirmation with all submitted details can be stored and printed out. After completion of the online order and pressing of the button ?��send order?�� a notice will appear on your desktop that the order has been received. You can then store and print out your order with all submitted details.
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12. Miscellaneous 12.1 The laws of the Federal Republic of Germany apply to all claims related to this contract 12.2 Area of jurisdiction is after choice of the complaining party Bremen or the general area of jurisdiction of the respective complainant. 12.3 If any provisions of these Terms and Conditions are invalid or non enforceable it will not affect the validity of other provisions. OULOOK and Purchaser shall agree to enter negotiation with the aim of substituting or amending the ineffective or incomplete provision, as far as legally possible, with a new provision that approximates the economic purpose of the intended provisions. |
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