Terms and Conditions
Table of Contents
- 1. Scope of Application
- 2. Conclusion of the Contract
- 3. Right to Cancel
- 4. Price and Delivery Costs
- 5. Shipment and Delivery Conditions
- 6. Liability for Defects
- 7. Law and Jurisdiction
- 8. Alternative Dispute Resolution
1) Scope of Application
- 1.1 These Terms and Conditions of the company by BESPOEK (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
- 1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
2) Conclusion of the Contract
- 2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
- 2.2 The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also present the offer to the Seller by means of telephone or e-mail.
- 2.3 The Seller may accept the Client’s offer within five days
- by transferring a written order confirmation or an order confirmation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he/she placed his/her order.
The contract shall be concluded at the time when one of the aforementioned alternatives occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
- 2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on the expiry of the fifth day following the sending of the offer.
- 2.5 The contract’s content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
- 2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
- 2.7 The contractual language is English.
- 2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
- Consumers are entitled to the right of cancellation. Detailed information about the right of cancellation is provided in the Seller’s instructions on cancellation.
4) Price and Delivery Costs
- 4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
- 4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
- 4.3 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.
5) Shipment and Delivery Conditions
- 5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client, unless otherwise agreed. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable.
- 5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
- 5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.
- 5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller’s place of business.
- 5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
- 5.6 Collection by the Client is not possible for logistical reasons.
6) Liability for Defects
- 6.1 The statutory consumer rights will apply.
- 6.2 If the Client is a consumer and he uses his 14-day right to reject the product, the return costs are for the user and not for the company.
7) Law and Jurisdiction
- 7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of The United States of America. The UN-Convention on Contract for the International Sale of Courts is excluded. Moreover, the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
- 7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties is governed by the law of The United States of America. The UN-Convention on Contract for the International Sale of Goods is excluded. Moreover, the courts of the State where the Seller has his place of business will have exclusive jurisdiction over any dispute relating to these relationships.
Instructions for cancellation & Cancellation form
Consumers, i.e. any individual acting for purposes which are wholly or mainly outside those individual’s trade, business, craft or profession, are entitled to cancel any contract on the following conditions:
A. Instructions for cancellation
Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
By way of derogation, in the case of sale on trial, the cancellation deadline is 14 days beginning on the day on which the goods were approved. Approval can be granted within a period of fourteen days by explicit declaration addressed to us (for example by post, fax or e-mail). Furthermore, the approval is deemed to have been granted, if you do not reject the goods already delivered to you within a period of fourteen days by explicit declaration addressed to us (for example by post, fax, or e-mail). The approval period shall begin on the day following receipt of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and not later than fourteen days after the day on which we are informed about your decision to cancel this contract. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. Customer will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods
Exclusion and/or premature expiration of the right to cancel
The right to cancel is excluded for contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalized.
The right to cancel does not apply for consumers who, at the time of concluding the contract, are not nationals of a member state of the European Union and whose exlusive residence and address of delivery are located outside of the European Union.
1) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
2) Please do not return the goods freight forward.
3) Please note that the above general information in section 1 and 2 is not a precondition for effectively exercising your right to cancel.
B. Cancellation form
If you wish to cancel, please contact email@example.com and our customer service will get back to you.
Returns & Refunds
We want you to be overjoyed with your new purchase. If for any reason you are unsatisfied with a product you can email us at firstname.lastname@example.org and our team will provide all of the details for initiating a return.
As soon as the returned product(s) are received back to our warehouse in good condition our team will issue your refund minus a restocking fee equal to 15% of the purchase price. In an effort to prove the quality of our products to you this restocking fee may be used towards the balance of a future order upon request.
Please note that the shipment of a return is to be independently arranged and covered by the customer, with products received back to our warehouse within 30 days from the delivery date.
You are welcome to drop off your returns at one of our warehouses and thus save your return shipping costs.
Just like most return policies we are only able to accept returned items that are in original packaging and like-new condition. This means that products with any scratches, stains, damages, or modifications cannot be returned.
Please note that Standard Shipping and White Glove Shipping charges from the original order are not able to be refunded once these services have been provided by the carrier.
We are only able to issue refunds via the original method used for payment on the order. If the original method of payment is no longer available, we would be happy to issue a store credit equal to the amount of the refund.