TERMS & CONDITIONS
Bernd Schürmann GmbH & Co. KG, represented by the Managing Director, Mr. Bernd Schürmann, Meinekestr. 12, 10719 Berlin (hereinafter “We” or “SLY010.com”), operates an online shop under the Internet address, sly010.com through which, in particular, fashion articles and accessories may be purchased. These general terms and conditions shall be applicable to all legal relationships to this effect between SLY010.com and the customer (“Customer” or “Purchaser”), who is the consumer within the meaning of § 13 BGB (German Civil Code) (“Consumer”) and must be of legal age in any case.
The Customer acknowledges the applicability of the General Terms and Conditions within the scope of the ordering process by clicking on the field “I accept your general terms and conditions” and by sending the completed purchase order form.
2. IMPORTANT NOTE
The products offered at sly010.com are presented on the Internet website clearly and largely in line with reality. However, SLY010.com is not able to guarantee that the pictures and colours the Customer sees on his screen, which are also dependent on various screen, graphic or printer settings, fully correspond to reality.
2.2 Availability/Prices of the Products
We would like to point out that the products presented at sly010.com at the time of the Customer’s visit to the Internet website may be no longer available or obtainable and the corresponding prices may have changed.
3. CONCLUSION OF THE CONTRACT
3.1 Purchase Contract
The presentation of our products does not represent any binding offer from our part within the meaning of § 145 BGB (German Civil Code); only once the Customer places an order is the offer considered to be binding. The contract between you and SLY010.com about the products selected and placed in your shopping cart by you shall come into effect through filling out the order form provided on our website and through sending this form by clicking on the field “Send binding order” or by pressing the “Enter” key (binding offer of the Purchaser) and ultimately through the acceptance of the offer by us, through a declaration of acceptance sent to the email address provided by you on the order form and the receipt of this declaration in the email account associated with the address or at the latest once the products ordered have been delivered. The Purchaser accepts the general terms and conditions for SLY010.com on the order form with “I accept your general terms and conditions”. Any input errors made when placing the order can be detected by the Customer before the final confirmation at the cash and can be corrected at any time before sending the order by using the delete and edit function as well as by pressing the “back function” of the Internet browser. The prices available at the time of the order shall apply.
3.2 Order Confirmation
The automatic email, with which we confirm receipt of your order, still does not represent an acceptance of the offer of a contract.
3.3 Text of the Contract
The text of the contract shall not be saved by us and can no longer be retrieved after the ordering process is complete. You can print out the order data directly after sending it. To do so, you can either use the next page “Your Order” or the mail “Receipt confirmation”. The Customer can access and view these contractual conditions at any time under the subcategory “GTC” on the homepage. Thus, the Customer can either print out these General Terms and Conditions (GTC) with the “Print function” of the Internet browser or save the corresponding website locally.
3.4 Contract with SLY010.com
Contracts come into effect exclusively with SLY010.com.
The contract language is German.
In the event that the supplier does not provide us with the goods you ordered, we shall be entitled to withdraw from the contract unless we are in some way at fault. In this case, we shall inform you immediately that the product ordered is not available. Should the purchase price already be paid, it will be reimbursed to you immediately. The reservation of self-delivery shall only apply in the event that a congruent hedging transaction has been concluded with the supplier, the supplier has abandoned us in this respect and SLY010.com is not liable for a wrong delivery or non-delivery.
4. DELIVERY AND SHIPPING COSTS
Delivery is made ex stock to the delivery address provided by the Purchaser in so far as not otherwise agreed. It is our goal to process and send the order with 24 hours. During the sale season, it could take up to three business days to process the order. The estimated delivery times can only be given as a rough guideline and shall apply from the delivery date. SLY010.com shall not assume liability for any delays, which are a result of customs regulations, extreme weather conditions or other unforeseeable circumstances. The time periods given below shall apply after the order has been sent.
The prices listed on SLY010.com at the respective time of the order shall apply. Gross prices are given, i.e. including the respective, statutory value-added tax and exclusive of any possibly applicable delivery costs in accordance with Clause 4.6.
4.3 Supply Countries
We currently deliver to the following countries: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Sweden, Slovakia, Slovenia, Spain, UK and US.
4.4 Deliveries in Other Countries
If your country is not listed under Clause 4.3 and you are a Consumer, please contact us via email if you would like to place an order.
All deliveries shall be sent via DPD and cannot generally be sent to any post box addresses or packing stations. The terms and conditions of DPD shall apply additionally and can be read at www.dpd.com.
4.6 Shipping Costs
Germany 6,50 €
Austria, Netherlands, Belgium, Denmark, Luxembourg 10 €
UK, France, Hungary, Monaco, Czech Republic 12 €
Italy 13 €
Spain, Ireland, Finland, Slovenia, Sweden, Romania, Latvia, Lithuania, Slovakia, Poland 17 €
Croatia, Portugal, Bulgaria, Cyprus, Greece, Malta 23 €
Norway 25 €
Switzerland 31 €
Singapore 125 €
US 135 €
4.7 Special Shipping Method
If the Customer would like a special shipping method (e.g. express delivery), he shall also be responsible for any resulting additional costs according to the currently valid DPD price list.
Purchases may be made using the payment methods: advance bank transfer, credit card and PayPal. Please note that some banks may charge additional transfer fees for transactions from abroad. However, this is fully independent from SLY010.com and can only be clarified with the respective bank.
5.1 Advance Bank Transfer
When using the Advance Bank Transfer payment method, the bank transfer must be made immediately after the order is placed. The goods shall be sent immediately after your payment has been received in our account. Should the bank transfer of the purchase price and the shipping costs not be received by SLY010.com within 5 business days after the order was placed, SLY010.com shall be entitled to cancel the order. All bank transfer fees and bank charges are to be borne by the Customer. Credit notes and reversed payments shall be transferred back to the bank account from which the original order was paid.
Our bank details are:
Account Holder: Bernd Schuermann GmbH & Co. KG
Bank: UniCredit Bank – HypoVereinsbank
Account number: 615378739
5.2 Credit Card
We accept the following credit cards: Mastercard, Visa and American Express.
Your credit card account shall be charged upon completion of the order. For possible reimbursements, the complete credit card details cannot be viewed. Therefore, a refund is only possible on the card originally used to make the purchase. This information will never again be used, except in the case of a refund for possible returns. Please note that this is a direct debit charge.
The PayPal payment option is directly integrated into the booking process and can be selected, next to credit card payment, as a payment method. You will need login details for PayPal, which you can also set up, if necessary, for the first time during your booking.
5.4 Online Security
If you have decided to make the payment via credit card or PayPal, the payment process shall take place directly through the corresponding payment method provider. We do not save any of our Customers’ payment information in our Webshop.
6. RETENTION OF TITLE
The goods delivered shall remain the property of SLY010.com until full payment has been made.
7.1 Product Descriptions
Statements, illustrations, pictures, technical specifications, weight-, dimension- and service descriptions, which are found in newsletters, brochures, catalogues, circulars, ads or price lists, are provided for information purposes only. We do not assume any responsibility for the accuracy of this information.
In the event of a defect covered by warranty, you shall be entitled, within the scope of the legal provisions, to request subsequent fulfillment; after a failed subsequent fulfillment, to withdraw from the contract, to reduce the purchase price or, in the event of a liability on the part of SLY010.com, to claim compensation for damages.
We shall only be liable for other damages arising from injury to life, body and health if they are due to our or our subcontractors’ (e.g. the delivery service) deliberate acts, gross negligence or culpable violation of a fundamental contractual obligation (so-called “cardinal obligation”, i.e. an obligation, which must be fulfilled in order to enable the proper implementation of the contract and the compliance with which the contractual partners can and will rely on regularly). Any further liability for damages is excluded. The provisions of the Product Liability Act remain hereby unaffected; liability remains unrestricted however for the fraudulent concealment of a defect as well as for an expressly guaranteed condition.
Data communication via the Internet cannot, according to the latest technology, be guaranteed to be error-free and/or available at all times. Therefore, we shall not be liable for the constant and uninterrupted availability of our Webshop nor for any technical and electronic errors occurring during the ordering process, upon which we have no influence.
Should links to other websites or sources be created, we are not responsible or liable for the availability of such external sites or sources. We do not adopt content as our own, which is accessible on such websites or sources and exclude any such liability in this respect, as long as there is no actual knowledge of the illegality of their contents in individual cases.
7.3 Limitation period
The limitation period for legal claims for defects is 2 years and shall begin with the date of delivery, i.e. receipt of the goods by the Purchaser. Please report any visible material, production or transport defect immediately; this is however not a prerequisite for the effective assertion of warranty claims.
8. RIGHT OF REVOCATION
In the event of a return, please request a return label from our Customer Service via email email@example.com or telephone Mon-Fri 10-16 at the following number: +49 (0)30 2100 5740. Please help us to avoid unnecessary costs and do not send the goods back freight forward.
Please see below for the legally required instructions on the conditions and consequences of the right of revocation.
Right of Revocation
You may cancel your contract declaration within fourteen days in writing without providing reasons in writing (e.g. letter, fax, email) or – if the goods are received before this period has expired – by returning the goods. The time period begins after this policy has been received in writing, however not before the goods have been received by the Purchaser (for recurring deliveries of the same products, not before receipt of the first partial delivery) and also not before the fulfilment of our information requirements in accordance with Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our obligations in accordance with § 312g Paragraph 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely shipment of the revocation or the goods suffices as compliance with the revocation period.
The revocation is to be addressed to:
Bernd Schürmann GmbH & Co.KG
Telefax: +49 30 2100 5741
Please send the products being returned to the aforementioned address.
Consequences of Revocation
In the event of a valid revocation, both parties must compensate any rendered services and if necessary, must return derived benefits (e.g. interest). In case you are unable to return the services or benefits received (e.g. benefits from use) to us in full or in part, or only in a deteriorated condition, you are required to offer a compensation of equal value. For a deteriorated condition and for received benefits, you must only provide compensation if the benefits or the deterioration are a result of handling of the product which goes beyond the testing of the properties and functioning. Under “Testing the Properties and Functioning”, the respective product can be tested and tried out as would be possible and usual in a retail shop. Obligations for the reimbursement of payments must be fulfilled within 30 days. The deadline begins for you with the sending of your declaration of revocation or the goods and for us, upon receipt of these goods or declaration.
End of the Cancellation Policy
9. FINAL PROVISIONS
9.1 Applicable Law
German Law shall apply under exclusion of the UN Convention on the International Sale of Goods (CISG). This choice of law shall only apply in this respect in as far as the protection provided by mandatory provisions of the law in the country in which the consumer usually resides has not been revoked.
9.2 Invalid Terms and Conditions
Should individual provisions of these terms and conditions be or become invalid, then the validity of all other conditions or agreements shall remain unaffected. In place of the invalid provisions, the relevant legal regulations shall apply.
Bernd Schürmann GmbH & Co. KG
D -10719 Berlin
Telephone: +49 30 2100 5740
Fax: +49 30 2100 5741
Tax Identification Number:DE263545569
Personally liable shareholder of Bernd Schürmann GmbH & Co. KG
Bernd Schürmann Verwaltungs GmbH (please equate here with commercial register application)
represented by the Managing Director of Bernd Schürmann Verwaltungs GmbH: Bernd Schürmann
Court of Registry: Berlin
Register number: HRA 42215 B