Legal

Terms & Conditions and Return Policies

Cancellation Clause Sonntagsstaat Online Shop

Cancellation clause
You are entitled to cancel your purchase agreement with us within 14 days in writing (e.g. via letter, fax or email), without stating a reason, or by returning the goods if delivered before the expiry of the cancellation period. The period eligible for cancellation shall commence upon receipt of this notification in writing, however not before the goods have been received by you (in case of recurring deliveries of similar goods not before receipt of the first instalment thereof) and also not before we have fulfilled our duties of disclosure pursuant to Article 246 § 2 in conjunction with § 1 para. 1 and 2 Introductory Statute to the German Civil Code (EGBGB) as well as our obligations pursuant to § 312 g para. 1 clause 1 German Civil Code (BGB) in conjunction with Article 246 § 3 Introductory Statute to the German Civil Code (EGBGB). The timely notification of the cancellation or return of goods shall be deemed sufficient to safeguard the right of cancellation. The cancellation notice must be sent to:

Sonntagsstaat
Julian Rentzsch | Frederik Perk GbR
Große Johannisstraße 13
20457 Hamburg
post@sonntagsstaat.de

Consequences of cancellation
In the event of a valid cancellation, any payments or goods received by the respective parties must be returned and, where applicable, any benefits accrued (e.g. from interest) shall be surrendered. In the event you are unable to return the goods supplied in whole, or only able to return part of the delivery, or return the goods in a damaged condition, you shall be liable to reimburse us for the loss of value. You shall only be liable to pay compensation for the deterioration of the goods and any benefits gained therefrom if the deterioration of the goods and any benefits gained therefrom can be attributed to use of the said goods which extends beyond examination of their features and functions. “Examination of features and functions” shall be defined as the testing and trial of the respective goods as is customary and normally available in a retail store. Goods which can be shipped via parcel service may be returned to us at our own risk. The cost of returning the goods shall be borne by you, provided that the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed € 40 or, in case of goods valued at over €40, if you have not yet made payment or the partial payment as agreed in the contract at the time of cancellation. Otherwise the return of the delivered goods shall be free of charge. Goods that are not suitable for parcel service shall be collected. Obligations to reimburse payments must be fulfilled within 30 days. The period shall commence once your cancellation notice is sent or in case of goods returned upon receipt of the said goods.

End of the cancellation clause


General Terms and Conditions Sonntagsstaat Online Shop

The following General Terms and Conditions (GTC) contain legal information about your rights in accordance with regulations on remote sales and electronic commerce contracts.

1. Scope
The following GTC shall apply for all deliveries by Sonntagsstaat GbR to customers (consumer as defined by § 13 BGB).

2. Contracting party
Sales contracts shall be concluded with Sonntagsstaat GbR, represented by the shareholders Julian Rentzsch und Frederik Perk, Große Johannisstraße 13, 20457 Hamburg, Germany. For questions, complaints or returns, please contact our customer service via email under post@sonntagsstaat.de

3. Data protection
All personal information supplied by you (name, address, email address, phone number, etc.) shall be collected, processed and stored strictly in accordance with the provisions of German data protection law.
Your personal data shall be used solely for concluding the contract between us insofar as data is required to establish, draft or modify the contract (inventory data), such as for the delivery of goods to the address provided by you or for invoicing. No further use of your data shall occur for advertising, market research, etc.
For more information, please contact our customer service at post@sonntagsstaat.de

4. Offer and conclusion of contract
The presentation of products in our online shop does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last", if not stated otherwise in the product description. It should be noted that errors in may occur. Since our products are not mass produced negligible deviations may occur from the catalogue pictures and information in the product descriptions.
You can select items from our product range and place your chosen items in the shopping cart. The contents of the cart can be changed at any time by adding or deleting products, or by altering the quantity of an item in the cart. You can identify any errors in the information provided while placing your order by checking the order summary and correct any errors found via the delete and change functions before proceeding to the checkout.
By clicking the "confirm order" button you are making a binding declaration of intent pursuant to § 145 German Civil Code (BGB) to order the products listed in the shopping cart. The sales contract shall be deemed concluded when we accept your order by issuing an order confirmation via email immediately after receiving your order, or if we make delivery immediately after receiving the order.

5. Right of cancellation
As a consumer, you have a statutory right of cancellation. To view the requirements and legal consequences of cancellation, please see the cancellation clause.
In the event you exercise your right of cancellation, the costs of returning the goods shall be borne by you, if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed € 40 or, in case of goods valued at over €40, if you have not yet made payment or the partial payment as agreed in the contract at the time of cancellation. Otherwise the return shipment shall be free of charge.

6. Prices and shipping costs
The prices listed on the products page include VAT and other price components.In addition to the listed prices we charge shipping costs for delivery. The shipping costs shall be clearly indicated on the product pages, in the shopping cart system and on the order page. We offer free shipping within Germany. Other taxes or costs shall not apply.

7. Delivery
We ship worldwide. The delivery time is normally 10 working days. Any delivery times that differ are indicated on the corresponding product page.
If we are unable to deliver a product ordered on time, because of a delay on the part of our suppliers, we shall inform you immediately. In such a case, you are entitled to either wait for the product ordered or cancel your order. In the event you decide to cancel the order, any payments made shall be refunded without delay.

8. Payment
Payment is due immediately upon order. Payment shall be in advance or via PayPal.
In case of advance payment, we shall provide our bank details in the order and deliver the goods in accordance with the aforementioned delivery time upon receipt of payment.
The right of set off shall only apply if your counterclaims have been declared res judicata or recognised by us in writing.
The right of retention may only be enforced if the claims arise from the same contract.

9. Retention of title
The goods shall remain our property until full payment has been received.

10. Liability
We have unlimited liability in accordance with legal provisions for injury to life, body or health caused by a negligent or wilful breach of duty by us, our legal representatives or our agents, or for damages that are covered by liability under the Product Liability Act. For damages that are not covered by clause 1, which are due to a wilful or grossly negligent breach of  contract or fraudulent intent on our part, our legal representatives or our agents, we shall be liable pursuant to legal regulations. In this case, however, our liability for damages shall be limited to such losses as are foreseeable and typical of such circumstances, provided that neither we, our legal representatives or our agents have acted with wilful intent. Included in the scope of this warranty is our liability for the quality of the goods or parts thereof but only to the extent to which we have given a guarantee. However, we shall only be liable for damages due the absence of the guaranteed quality, which do not directly affect the goods, if the risk of such damage is clearly covered by the guarantee of quality. We shall also be liable for damages caused by slight negligence where the negligence pertains to the breach of a contractual obligation, the compliance of which is essential for the attainment of the purpose of the contract. However, we shall only liable if the damage is typical and foreseeable for the type of contract. Any further liability is excluded, irrespective of the legal basis of the asserted claim; this shall apply in particular to tort claims and claims for expenses in vain.
In the event that our liability is excluded or limited, this same shall also apply to the personal liability of our employees, representatives and agents.

11. Final provisions
Any amendments or additions to these Terms and Conditions must be made in writing. This also applies for the waiver of this requirement of written form.
The law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply. Mandatory provisions of the country in which you reside shall remain unaffected.
The place of jurisdiction for all disputes shall be our headquarters in Hamburg. The same shall apply if you have no general jurisdiction in Germany or relocate your residence abroad after conclusion of the contract, or your residence at the time of the filing of legal action is unknown.
If any provision of this contract is invalid or is in conflict with legal provisions, this shall not affect the remaining provisions of the contract. The invalid provision shall be replaced by the contracting parties with a valid provision, which comes closest to the commercial purpose of the invalid provision. The above shall also apply in case of an omission.

As of: June 2013

Deutsche Version

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