General Terms and Conditions
General Terms and Conditions of the OSTHAFEN online shop
Your contracting partner is:
I. Offer, Contract Conclusion
1. Offer: Our offer made on this website (“Website“) as well as these Terms shall be made and apply only to consumers, as such expression is used and defined in § 13 of the German Civil Code, Bürgerliches Gesetzbuch, “BGB”). All prices set out hereunder are final prices including the German statutory VAT.
2. Contract Conclusion: Your order to OSTHAFEN represents an offer to purchase a product (“Offer“) which is accepted by OSTHAFEN (“Acceptance”) either by our order confirmation or by delivery of the product. If you receive no reply to an Order within two weeks – if a shorter period has been agreed, then such shorter period shall apply – the customer is no longer bound to the Offer. Prior to the Acceptance there shall be no claim for fulfillment, e.g. in respect of the delivery of ordered product.
II. Delivery Rates, Payment
1. The current delivery rates are:
|Europe 1||Europe 2||World 1||World 2|
|Advance||3,90 EUR||5,90 EUR||15,00 EUR||28,00 EUR||34,00 EUR||40,00 EUR|
|Paypal||3,90 EUR||5,90 EUR||15,00 EUR||28,00 EUR||34,00 EUR||40,00 EUR|
Europe 1 Belgium, Bulgaria, Denmark (except Faroe Islands and Gronland), Estonia, Finland (except Älandinseln), France (except overseas departments and territories), Greece (except Mount Athos), Great Britain (except Channel Islands), Ireland, Italy (except Livigno and Campione d’Italia), Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands (except non-European areas), Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (except Canary Islands, Ceuta and Melilla), Sweden Republic, Hungary, Cyprus (except northern part)
Europe 2 Älandinseln (Finland), Andorra, Albania, Belarus, Mount Athos (Greece), Bosnia-Herzegovina, Campione d’Italia (Italy), Ceuta (Spain), Faroe Islands (Denmark), Georgia, Gibraltar (UK) Greenland (Denmark), Iceland, Channel Islands (Great Britain), Canary Islands (Spain), Liechtenstein, Livigno (Italy), Macedonia, Melilla (Spain), Moldova, Montenegro, Norway, Russian Federation, San Marino, Switzerland, Serbia, Turkey, Ukraine, Vatican City
World 1 Egypt, Algeria, Armenia, Azerbaijan, Israel, Jordan, Canada, Kazakhstan, Lebanon, Libya, Morocco, Palestinian Territories, St. Pierre and Miquelon (France), Syria, Tunisia, United States of America
World 2 All countries that are not listed in other zones.
5. Set-Off: The customer shall only be entitled to set-off for claims that are uncontested or determined by final judgment.
1. Delivery date: The general delivery estimate is 10 days, unless otherwise indicated in the product description. Delivery is dispatched once all items of an order are available at the warehouse. Customer will be informed in respect of respective delays.
2. Right of withdrawal: In the event of any permanent impediment to delivery outside of our responsibility (e.g. force majeure or non-delivery by our deliverer despite timely and congruent hedging), we shall be entitled to withdraw from the respective agreement so entered into with customer. In such event we shall inform customer immediately and shall return advance payments received by us in respect of such orders.
3. One size fits all: If there is no size selection offered in the catalogue, we deliver in one size only (Boy or Freesize: approximately XL, Girlie or Small: approximately S).
4. All deliveries hereunder are made under reservation of title, provided such legal instrument is available in the target country of such sale.
IV. Instructions on the exercise of the right of withdrawal and agreement on costs of return
You may revoke your Order within a withdrawal period of two weeks by notifying us in text from (e.g. letter, fax or e-mail) without further specification of the reasons or by returning the goods, in the event the goods have been received prior to the expiration of the aforesaid period. The revocation period commences upon receipt of these instructions but not prior to the receipt of the goods (in the event of recurring deliveries of the same products not prior to the initial delivery) and not prior to fulfilment of our information obligation according to § 312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV (“BGB-InfoV” = German act on the specification of the information and verification obligations as so provided under the German Civil Code) and, in respect of contracts pertaining to electronic commerce, not prior to fulfilment of our information obligations according to § 312e paragraph 1, sentence 1 BGB in conjunction with § 3 BGB-InfoV. Timely dispatch of the revocation or the goods shall suffice to comply with the deadlines set out above. The revocation shall be addressed to
Effects of the exercise of the right of withdrawal
In case of an effective revocation, any performance received by one party is to be returned to the respective other, as are benefits derived from such performance (e.g. interest). If you cannot return the goods received in whole or in part or if you can only return the received goods in a deteriorated state, you must pay compensation for lost value. There is no obligation to pay compensation for lost value, if the sole cause of deterioration of the good(s) received was the inspection of the respective good(s), as would have been reasonably undertaken in a retail shop. If the sole cause of deterioration of the good(s) received was your use compliant with its designated use, you are not obligated to pay compensation for lost value, if you have received these instruction on your right of withdrawal in text form after the conclusion of the contract. You can avoid paying compensation for lost value in respect of deterioration in the good(s) as a result of their/its proper use, if you do not use the good(s) in such way as an owner uses his own property and if you refrain from doing anything that would affect the value of the good(s). Goods suitable for transport by regular post package shall be returned at our risk. You have to bear the costs of return in the event the good(s) delivered correspond to the good(s) you have ordered and the value of the order does not exceed € 40,– (EURO forty) or, in the event of a higher purchase price, you have not complied with your contractual obligations as of the date of the revocation or, if applicable, in the event you have not paid a stipulated instalment. In other cases your return of the good(s) is free of charge to you. Goods not suitable for transport by regular post package will be collected. Obligatory refunds of payments shall be made within 30 days. Such period commences on your behalf after sending the revocation or returning the goods and on our behalf upon receipt.
This ends these instructions on the right of withdrawal.
Explanatory notes on the right of withdrawal
The right of withdrawal shall apply in respect of the sale of audio, audio-visual carriers and software only if the seal and/or shrink-wrapping have remained intact. The right of withdrawal shall not apply in respect of the sale of newspapers, journals, magazines, unless the consumer has made his offer to purchase such product by telephone communication.
V. Defects and liability
a) Unless set out to the opposite under sub-clause 2 below, the German statutory provisions on liability for defects shall apply.
b) Minor deviations in the colour of the delivered product and its depiction are due to technical reasons. Deviations may occur in respect of sleeve and back prints, as we at OSTHAFEN at all times strive to provide the most recent version of such print (e.g. current tour dates, improved designs etc.). Due to complex production processes, so-called allover-prints may bear unprinted parts at the fringes of the clothing which are technically unavoidable. The aforementioned circumstances shall not be deemed defects of the product delivered; same shall apply to damages caused by breaching the care instructions.
c) The limitation period in respect of consumers’ (§ 13 BGB) claims shall be two years following delivery of the product.
2. Negligence liability
(a) OSTHAFEN shall be liable for damages and/or the reimbursement of futile expenditures in connection with this agreement so caused by OSTHAFEN, OSTHAFEN’s legal representatives and vicarious agents only in the event of intent and gross negligence and in the event of the breach of such obligations, the observance of which is of essential importance in respect of the contract (such obligations to be fulfilled according to the content and intent of the contract or the compliance of which is essential for the fulfilment of the contract or which enables the fulfilment of the contract and which may be reasonably expected by the contracting partner). Damages shall be limited to the usual foreseeable damages, unless in the event of intent and gross negligence.
(b) Claims and demands for damages shall remain unaffected in respect of such claims and demands pertaining to the liability under the German product liability and/or the equipment safety acts, claims and demands pertaining to the liability in respect of damages in the event of injuries of life, physical integrity or health, in the event of fraudulent intent, in the event of frustration of the contractual obligations or unreasonableness of the fulfilment of the contract, in the event of any guarantees made in respect of the condition of the product, in respect of the assumption of a procurement risk and/or in the event of material breaches. (c) The preceding liability provisions shall equally apply to the personal liability of the legal representatives and vicarious agents of OSTHAFEN. The aforementioned provisions shall not effect and/or be deemed to imply a reversed onus of proof.
VIII. Applicable law
German law (excluding the UN Sales Convention) shall apply to this agreement and any and all claims deriving hereunder; peremptory norms of consumer protection law as applicable at customer’s residence shall remain unaffected.