General Terms And Conditions
General Terms and Conditions
1. Area of application
The following General Terms and Conditions apply to all orders made by consumers and traders via our online shop.
The term consumer applies to every natural person who completes a legal transaction for purposes that cannot be predominantly attributed to his/her commercial or independent professional activity. The term trader applies to a natural or legal person or a partnership with legal capacity who/that exercises a commercial or independent professional activity when completing a legal transaction.
The following applies in the case of traders: If the trader uses general terms and conditions against or in addition to these General Terms and Conditions, we hereby object to their validity. The general terms and conditions of traders shall only form part of a contract if we give our express consent to their validity.
2. Contractual partners, conclusion of contract
The purchase contract is concluded with CHARLE – premium haberdashery.
When we add products in our online shop, we submit a binding offer to conclude a contract on the purchase of these items. You can first place our products in your shopping basket without committing to buy them. You can amend your details at any time before submitting your binding order by using the correction tools provided and explained during the order process. The contract is concluded when you accept the offer for the goods in your shopping basket by clicking on the order button. You will receive confirmation of your order via e-mail immediately after you have submitted your order.
3. Contract language, saving the contract text
The languages available for the conclusion of contract are German and English.
We will save the text of the contract and send you your order details and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible online.
4. Terms and conditions of delivery
Shipping costs apply in addition to the product prices specified. More detailed information on shipping costs can be found in the product descriptions.
You can generally also collect your ordered goods from CHARLE – premium haberdashery, Plönzeile 41, 12459 Berlin, Germany, during the following business hours: Mon, Wed, Thu, Fri: from 10:00am; Tue: from 12:00 – 6:00pm You can also pay by debit card with PIN at the shop.
You can generally choose one of the following payment options in our online shop:
Payment in advance
If you select the payment method “Payment in advance”, we provide you with our bank details in a separate e-mail and dispatch your goods after receipt of payment.
We use the payment service provider PayPal to offer a variety of payment methods as PayPal Services. If you choose this option, you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the use of your data by PayPal and the payment authorisation for PayPal.
If you have selected the payment method of PayPal, you must have an account with PayPal or first register with PayPal and authorise the payment with your login details to be able to pay the invoice amount. The payment transaction will be carried out automatically immediately after you have confirmed the payment authorisation. You will receive further information during the order process.
If you have selected the payment method of Credit card, you do not need to be registered with PayPal to pay your invoice amount. The payment transaction will be carried out and your credit card charged directly after confirmation of the payment authorisation and after your identity as the legal cardholder has been confirmed by your credit card company as requested by PayPal. You will receive further information during the order process.
If you have selected the payment method of Direct debit, you do not need to be registered with PayPal to pay your invoice amount. When you confirm the payment authorisation, you set up a direct debit mandate with PayPal. PayPal will inform you of the date on which the amount will be charged to your account in a so-called pre-notification. Directly after you confirm the payment authorisation and thus submit the direct debit mandate, PayPal will instruct its bank to initiate the payment transaction. The payment transaction will be carried out and your account will be charged. You will receive further information during the order process.
If you have selected the payment method of Invoice, you do not need to be registered with PayPal to pay your invoice amount. Once your address and credit rating have been checked successfully and your order has been submitted, we will assign our claim to PayPal. In this case, payments to discharge your obligations can only be made to PayPal. In addition to our General Terms and Conditions, the Legal Agreements and Privacy Statement of PayPal also apply to payment transactions carried out via PayPal. You can find more information on Payment upon Invoice and the full Legal Agreements of PayPal here.
Cash payment upon collection
You pay the invoice amount in cash when you pick up your order.
6. Right of cancellation
Consumers are entitled to the statutory right of cancellation as described in the Cancellation Policy. No voluntary right of cancellation is granted to traders.
7. Reservation of title
The goods shall remain our property until full payment has been received.
The following provisions additionally apply to traders: We reserve ownership of the goods until all claims from a current business relationship have been fully settled. You are permitted to sell on the goods subject to retention of title in the ordinary course of business; independent of a connection or combination of these goods with a new item, you must assign the rights resulting from this selling-on at their invoice value to us in advance and we will accept this assignment. You will remain authorised to collect the receivables but we are also permitted to collect the receivables ourselves if you are unable to discharge your payment obligations.
8. Transport damage
In the case of consumers, if goods are delivered with visible transport damages, please report such faults to the delivery company immediately where possible and also contact us immediately. The failure to report faults or contact us has no consequences whatsoever with regard to your statutory rights and their assertion, especially in the case of your warranty rights. Reporting faults does, however, help us to assert our own claims against the carrier or the transport insurance company.
In the case of traders, the risk of accidental perishing or accidental deterioration of the goods is transferred to you as soon as we have handed over the goods to be delivered to the forwarding agent, the carrier or any other person or organisation assigned the task of shipping the goods. The obligation to inspect goods and report defects as regulated in Section 377 of the German Commercial Code (HGB) applies between traders. If you fail to report defects as regulated in the HGB, the goods shall be deemed to have been accepted unless the defect concerned was not visible during the inspection of the goods. This does not apply if we have fraudulently concealed a defect.
9. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory right of liability for defects applies.
In the case of the purchase of used goods by consumers, claims for defects shall be excluded if the defect occurs more than a year after the delivery of the goods. Claims for defects that occur within a year after delivery of the goods can be asserted within the scope of the statutory period of limitation of two years after delivery of the goods.
In the case of traders, the period of limitation for claims for defects for newly manufactured products is one year after the passing of risk. The sale of used goods excludes warranties of any kind. The statutory periods of limitation for the right of recourse pursuant to Section 445a of the German Civil Code (BGB) remain unaffected.
In transactions with traders, only our own details and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the condition of the goods; we assume no liability for public statements made by the manufacturer or other advertising messages.
If the item delivered is defective, we will initially fulfil our warranty towards traders by choosing to either correct the defect (rectification) or deliver an item free of defects (replacement).
The limitations and reduced deadlines specified above do not apply to claims based on damages caused by us, our legal representatives or our agents:
• in the case of injury to life, body or health
• in the case of intentional or grossly negligent violation of obligations and fraudulent intent
• in the case of violation of significant contractual obligations that must be fulfilled to enable the proper execution of the contract in the first place and that the contractual partner can expect to be fulfilled on a regular basis (cardinal obligations)
• within the scope of a guarantee commitment, where agreed
• insofar as the area of application of the German Product Liability Act (ProdHaftG) applies.
Information on additionally valid guarantees and their precise conditions, where applicable, can be found in each product description and on special information pages in the online shop.
In the case of claims based on damages caused by us, our legal representatives or our agents, we always assume full liability with no limitations:
• in the case of injury to life, body or health
• in the case of intentional or grossly negligent violation of obligations
• in the case of guarantee commitments, where agreed
• insofar as the area of application of the German Product Liability Act applies
In the case of violation of significant contractual obligations that must be fulfilled to enable the proper execution of the contract in the first place and that the contractual partner can expect to be fulfilled on a regular basis (cardinal obligations) as a result of minor negligence by us, our legal representatives or our agents, the amount of the liability is limited to the damages that were foreseeable when the contract was concluded and that can typically be expected to occur.
In all other cases, claims for damages are excluded.
11. Resolution of disputes
The European Commission provides a platform for the resolution of online disputes (ODR), which can be accessed here. We are willing to participate in an online dispute resolution before a consumer conciliation body. The responsible body is the General Consumer Conciliation Body (Allgemeine Verbraucherschlichtungsstelle) of the Centre of Conciliation (Zentrum für Schlichtung e.V.), Straßburger Strasse 8, 77694 Kehl am Rhein, Germany; www.verbraucher-schlichter.de.
12. Final provisions
If you are a trader, German law applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
If you are a merchant as defined by the German Commercial Code, a legal person under public law or a special asset under public law, the sole place of jurisdiction for all disputes arising from contractual relationships between you and us is our place of business.