Cancellation Policy

You have the right to withdraw from this contract whithout giving any reason within 14 days.

 

The withdrawl period is fourten (14) days, beginning at the day, the customer or a third party designated by the customer, who is not the carrier, took possession of the goods.

 

In order to exercise the rigth of withdrawl, the customer has to contact us

 

 

providing a clear statement (e.g. a postal letter or an e-mail) on the customers decission, to inform us, that he wants to whithdrawl this contract. The customer can use the attached withdrawl form or any other form of his choice.

 

Consequences of Withdrawl

 

If the customer withdrawls this contract, der.festmacher has to repay all payments received from the customer, including shipping costs (with the exception of additional costs, which may have arisen because a different way of shipment has been choosen than the cost efficient standard shipment provided by us) immediately and latest within fourteen (14) days from the day the information of the withdrawl of the contract is received by us. For the repayment we will use the same instrument of payment, which has been choosen by the customer for his original  transaction, unless something else explicitly has been agreed upon. In no way we will charge the customer any fee because of this repayment.

 

We may withhold the reimbursement until we have received the goods back, or the customer has supplied evidence of having shipped back the goods, whichever is the earliest.

 

The customer must immediately and in any case latest within fourteen (14) days, starting at the day, he has informed der.festmacher that the contract is revoked, ship back the goods or hand them out. The time limit is observed, if the goods are shipped within fourteen (14) days and therefore before the time limit is exceeded.

 

The right of withdrawl is excluded for individually configured goods, which were specifically designed and produced. These good are excluded from the right of withdrawl in accordance with § 312d BGB. Should you nevertheless be dissatisfied with our product, we are interested to find a satisfactory solution for you. In this case please contact us.

The customer shall bear all costs related to the reshipment.

End of the Cancellation Policy

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§7 Cancellation Policy Form

 

Example of Cancellation Policy Form

(If you wish to cancel this contract, you need to fill out this form and send it back to us.)

(*) Please cross off what is not applicable

 

 

§8 Warranty

(1)The customer's warranty-right follows the general legal rules, generally subsequently nothing else is determined. In some cases variations in color, pattern or design are possible, because all goods offered by der.festmacher are handcrafted and individually manufactured. For customer compensation for damages of the customer opposite the offerer the regulation § 9 of this Terms of use becomes valid.

 

(2) The period of limitation for warranty claims of the customer amounts to with consumers with again manufactured goods two (2) years. Against companies the period of limitation warranty claims to with consumers with again manufactured goods one (1) year.

 

The warranty periods do not apply if the vendor can be accused of gross negligence, or in cases of bodily injury and health, impairment attributable to the vendor and in the case of the loss of life of the customer. Material contractual obligations are those whose performance to achieve the goal of the contract is necessary, e.g. the provider has sent the customer the item free of defects and deficiencies and to give the title to her. The warranty periods do also not apply in claims for damages, caused by a deliberator or grossly negligent breach of duty of the provider, his legal representatives or agents. Towards entrepreneurs also excluded from the reduction of the limitation is the right of recourse under § 478 BGB.

 

Claims for defects do not apply:

a) for construction-conditioned defects with costom-made products, which have been produced according to construction arrangement of the buyer

b) for defects incurred due to inappropriate treatment/usage

c) for customary technlogical reasonable deviations in dimensions, shape as well as for not remediable color deviations and for exact correspondence with color patterns and designs.

 

(3) A guarranee is not stated by the provider

 

 

§9 Liability Exclusion

(1) Customer compensation claims shall be excluded unless agreed otherwise in the following. The above exclusion of liability also applies to legal representatives and viarious agents if and when the customer asserts claims against such entitles.

 

(2) The aforesaid limitation and the exclusion of liability specified in figure 1 shall not apply in the case of damages based on injury of life, limb, health and claims for damages from the violation of essential contractural obligations. Essential contractual commitments are those which enable the fulfillment of the contract, e.g. the vendor has to hand over the goods to the customer without material defects or defects of title, as well as transferring the title rights. This exclusion of liability does not cover damage attributable to intent or gross negligence by the vendor, his legal representatives or agents.

 

(3) Provisions of the product liability act (ProdHaftG) remain unaffected.

 

 

§10 Contractural Language

The contractural language in the territory of German-speaking countries in Europe is German, outside this territory English.

 

 

§11 Severability Clause

Should a term of this agreement of use be ineffective, the legal effectiveness of the other provisions is not affected.

 

Terms of use were issued in February 2016

 

Translation based on Gratis AGB erstellt von agb.de