GENERAL TERMS AND CONDITIONS
The Contract is concluded between the Customer and the organisation
One Day e.V.
represented by Saskia Schmidt, Chair,
contact details: Wolfslaufstrasse 2, 63768 Hoesbach, Germany,
e-mail address: email@example.com,
on the basis of these General Terms and Conditions.
Subject of the contract
This Contract regulates the sale of new goods in the category/categories of fashion (textiles, jewellery) via the Provider’s online shop. To view the details of each product offered, please refer to the product description on the respective product page.
Conclusion of contract
The Contract is concluded within the scope of an electronic business transaction via the shop system or using other means of telecommunications such as telephone and e-mail. The items presented constitute an unbinding invitation to you to request to purchase the goods by placing a customer order, which the Provider can then accept. The order process for the conclusion of contract involves the following steps in the shop system: selecting the item to be purchased with your chosen specifications (size, colour, quantity), placing the item in your basket, clicking the “Order” button, entering your billing and delivery address, selecting the payment method, checking and editing your order and all details entered, clicking the “Confirm order” button and receiving an e-mail confirming that your order has been received. In addition to the shop system, orders can also be placed using other means of telecommunications (telephone/e-mail). In this case, the order process for the conclusion of contract involves the following steps: Your e-mail containing your order is received, the payment transaction is processed, and the goods are sent. The Contract is concluded when you are sent confirmation that your order has been processed. The automatically generated and sent confirmation that your order has been received does not constitute a corresponding legally binding declaration. The Contract is also concluded when the goods are sent or the service is performed.
Recurring/permanent services form the subject of the Contract. The Contract is concluded for an indefinite period. Each contracting party has the right to terminate the Contract without specifying grounds with a period of notice of one month valid from the end of the month. This shall not affect the right to terminate the Contract without notice on important grounds, particularly due to repeated violation of the main contractual obligations. The termination is only effective when carried out in the following form: electronically/via e-mail.
Reservation of title
The delivered goods will remain the property of the Provider until full payment has been received.
The Provider reserves the right to provide a service that is equivalent in terms of quality and price. The service presented in the shop is an example and does not represent the individual service that forms the subject of the Contract. The Provider reserves the right to not provide the service promised if it is unavailable.
Prices, shipping costs and return costs
All prices are final prices and include statutory VAT. The following fixed shipping costs are charged per order:
|Bracelets||EUR 3.00||EUR 4.00||EUR 4.00|
|Clothing||EUR 3.00||EUR 4.00||EUR 4.00|
|Calendars||EUR 5.00||EUR 7.00||EUR 7.00|
|Heroic acts||EUR 0.00||EUR 0.00||EUR 0.00|
|Combined orders||EUR 3.00||EUR 7.00||EUR 7.00|
In the case of partial deliveries, the fixed fees will only be charged once. If the Customer has a cancellation right and chooses to exercise this right, the Customer must cover the costs of return shipments.
Terms and conditions of shipping and delivery
Unless agreed otherwise, goods will be delivered by post to the delivery address specified by the Customer. The delivery address provided during the Provider’s order process will be used to implement the transaction.
If the forwarding agent returns the sent goods to the Provider because it was unable to deliver them to the Customer, the Customer must bear the costs for the unsuccessful shipping. This does not apply if the Customer effectively exercises their cancellation right, if the Customer is not responsible for the circumstances that caused the delivery to be unsuccessful or if the Customer was temporarily unable to accept the service offered unless the Provider informed the Customer about the performance of the service with a reasonable amount of advance warning.
The collection of goods by the Customer is not possible for logistical reasons.
Exceptions may be possible in individual cases.
Goods will be sent once the Provider has confirmed that the Customer’s payment has been received. Goods are dispatched after five days at the latest on average. The Provider is obliged to send goods by the 14th day after confirming receipt of payment. Deliveries usually take three days to arrive unless specified otherwise in the item description. The Provider will send the order from its own warehouse as soon as all items in the order are in stock. If the Provider is prevented from making deliveries on a long-term basis due to reasons for which it is not responsible, especially due to force majeure or because its own suppliers have not delivered goods, despite making a corresponding substitute in good time, the Provider has the right to withdraw from a contract with the Customer in this respect. The Customer will be informed about this withdrawal immediately, and any services received, especially payments, will be refunded.
Payment terms and conditions
Customers can only use the following payment options: bank transfer in advance, invoice upon delivery, direct debit, payment service provider (PayPal), cash payment upon collection, credit card. Other payment options are not available and will be rejected. The invoice amount must be transferred to the account specified in the invoice in advance upon receipt of the invoice, which contains all of the details required for the transfer and will be sent via e-mail. The invoice amount must be transferred to the account specified in the invoice upon receipt of the invoice, which contains all of the details required for the transfer and will be sent with the delivery. The invoice amount will be collected from the account specified by the Customer by means of direct debit based on the direct authorisation granted by the Customer. If an escrow service / payment provider is used, it will enable the Provider and the Customer to settle the payment transaction among themselves. To do so, the escrow service / payment provider will forward the Customer’s payment to the Provider. For more information, please visit the website of the respective escrow service / payment provider. The invoice amount can also be paid in cash at the Provider’s business premises during its usual opening hours. In this case, the shipping costs included in the invoice can be deducted from the total amount. In the case of credit card payments, the Customer must be the cardholder. The credit card will be charged once the goods have been shipped. The Customer must pay or transfer the invoice amount into the account specified on the invoice within 14 days of receipt of the invoice. The payment is due without any discounts as of the invoice date. After the payment deadline, which is therefore based on a specific date, the Customer will be deemed to be in default of payment without receiving a payment reminder. A right of retention of the Customer that is not based on the same contractual relationship is excluded. The offsetting of claims of the Customer is excluded unless these claims are uncontested or legally substantiated.
Consumers are entitled to a statutory right of liability for defects for the services offered on the basis of the relevant regulations of the German Civil Code (BGB). If there are any deviations from these regulations, the warranty is based on the warranty provisions specified in the General Terms and Conditions. If the Customer is a trader, the warranty period for new goods will be limited to a year. In the case of subsequent performance, the Provider is entitled to choose between making repairs or making a new delivery if the goods are new and the Customer is a trader. This does not apply to claims for damages made by the Customer on the grounds of injury to life, body or health or due to the violation of significant contractual obligations that need to be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following an intentional or grossly negligent violation of obligations by the Provider or its legal representative or agent. In all other matters, the statutory regulations apply.
The text of the Contract will be saved by the Provider. The Customer is not able to directly access the saved Contract text.
Cancellation right and customer service
You have the right to withdraw from this Contract within 14 days without stating reasons. The cancellation period lasts a total of 14 days starting on:
In the case of a purchase contract: the day on which you or a third party specified by you that is not the carrier of the goods take/takes possession of the final goods.
In the case of a contract for several different goods that the Consumer has ordered within the scope of a uniform order and that will be delivered separately: the day on which you or a third party specified by you that is not the carrier of the goods take/takes possession of the final goods.
In the case of a contract on the delivery of goods in several partial deliveries or parts: the day on which you or a third party specified by you that is not the carrier of the goods takes/take possession of the final partial delivery or the final part.
In the case of a contract on the regular delivery of goods over a specified period: the day on which you or a third party specified by you that is not the carrier of the goods take/takes possession of the first goods.
If several of these alternatives apply, the latest date will be used. To exercise your cancellation right, you must inform us (ONE DAY e.V., Saskia Schmidt, Wolfslaufstrasse 2, 63768 Hoesbach, Germany; firstname.lastname@example.org) about your decision to withdraw from this Contract by sending us clear notice of withdrawal (e.g. a letter sent by post, a fax message or an e-mail).
You can use the sample cancellation form below but are not required to do so.
The sending of your notice that you wish to exercise your cancellation right before the expiry of the cancellation deadline will suffice for the observation of the cancellation deadline.
ONE DAY e. V.
63768 Hoesbach, Germany
I/We (*) hereby cancel the Contract that I/we (*) concluded on the purchase of the following goods / the performance of the following service (*): _______________________________________________________
Ordered on (*) ____________ / Received on (*) _________________
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only required on paper forms)
(*) Please delete as appropriate.
Consequences of cancellation
In the case that you withdraw from this Contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs incurred from your choice of a different delivery method than the low-cost standard delivery offered by us) without delay and within 14 days after the day on which we receive your notice of withdrawal from this Contract at the latest. When refunding your payments, we will use the same payment method as you used in your original transaction unless otherwise expressly agreed with you in writing. Under no circumstances will you be charged any fees for this refund. We are entitled to refuse to refund your payments until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever occurs first. You must give us the goods or send them back to us at ONE DAY e.V., Saskia Schmidt, Orbweg 1, 63741 Aschaffenburg, Germany; email@example.com without delay and within 14 days after the day on which you inform us of your withdrawal from this Contract at the latest. The sending of the goods before the expiry of this deadline of 14 days will suffice for the observation of the deadline. You must bear the direct costs incurred when returning goods. You must only pay for any possible loss in value of the goods if this depreciation can be traced back to handling of the goods that was not necessary in order to check the condition, properties and function of the goods. End of the cancellation policy
Exclusion of liability
Claims for damages made by the Customer are excluded unless circumstances based on the reasons specified below apply. This also applies to the representative and agent of the Provider if the Customer asserts claims for damages against the representative or agent. This does not apply to claims for damages made by the Customer on the grounds of injury to life, body or health or due to the violation of significant contractual obligations that need to be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages following an intentional or grossly negligent violation of obligations by the Provider or its legal representative or agent.
Prohibition of assignment and pledging
Claims or rights of the Customer against the Provider are not permitted to be assigned or pledged without the Provider’s consent unless the Customer has proven to have a legitimate interest in the assignment or pledging.
Language, court of jurisdiction and applicable law
The Contract is written in German. The further continuation of the contractual relationship will take place in German. The law of the Federal Republic of Germany will apply exclusively. In the case of consumers, this only applies insofar as it does not restrict any statutory regulations of the country in which the Consumer’s place of residence or permanent dwelling is located. In the case of disputes with customers who are not consumers, a legal person under public law or a special asset under public law, the court of jurisdiction is Aschaffenburg, Germany.
Data are collected, stored and processed by the Provider in connection with the establishment, conclusion, execution and rescission of a purchase contract based on these General Terms and Conditions. This takes place within the framework of the statutory regulations. The Provider does not disclose its customers’ personal data to third parties unless it is legally obligated to do so or the Customer has given their express consent to this disclosure in advance. If a third party is contracted to perform services in connection with the execution of processing activities, the regulations of the German Federal Data Protection Act (BDSG) will be complied with. The data provided by the Customer when placing their order are only used to establish contact within the scope of the implementation of the Contract and only processed for the purpose for which the Customer provided their data. The data will only be passed on to the shipping company contracted to deliver the goods in accordance with the Contract to the necessary extent. The payment data will be transmitted to the financial institution contracted to handle the payment. If the Provider is required to comply with periods of retention in accordance with trade or fiscal law, some data may be stored for up to ten years. When you visit the Provider’s webshop, anonymised data that cannot be used to identify you or any of your personal data and are also not intended to do are recorded, especially your IP address, the date of your visit, the time of your visit, your browser type, your operating system and the pages visited. When requested by the Customer, the personal data will be erased, corrected or blocked within the scope of the statutory regulations. The Customer can request information on all of their personal data stored by the Provider free of charge. For enquiries and requests concerning the erasure, correction or blocking of personal data or the collection, processing and use of these data, the Customer can contact the Provider at the following address: ONE DAY e.V., Saskia Schmidt, Wolfslaufstrasse 2, 63768 Hoesbach, Germany, firstname.lastname@example.org
The invalidity of a provision in these General Terms and Conditions will have no impact on the validity of the remaining provisions. Implementation of the ODR Directive on the Resolution of Online Disputes pursuant to Article 14 paragraph 1 of the ODR Regulation: The European Commission provides a platform for the resolution of online disputes (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. Information in accordance with Section 36 paragraph 1 no. 2 of the German Consumer Dispute Resolution Act (VSBG):
Please note that we are not willing to participate in dispute resolution proceedings before a consumer arbitration board.