tos
Sheepskin24 - General terms and Conditions of Sale and Delivery
1. Validity:
The following terms and conditions of sale and delivery (referred further as: “terms of delivery”), which you (referred further as: “buyer”) acknowledge with your order or the acceptance of the delivery, are valid as business conditions between the buyer and the company Sheepskin24.
2. Finalising of the contract / delivery
2.1. The delivery will take place as soon as the full payment has been received via bank transfer, paypal, creditcard or cash on delivery to the account of Sheepskin24.
2.2. Sheepskin24’s offers are without restrictions. The buyer submits his offer to Sheepskin24 which concludes in a contract. After the order has been received Sheepskin24 will send an acknowledgement of receipt to the buyer. This does not indicate an acceptance of the offer, it merely serves as information about the incoming order. The contract of sale between the buyer and Sheepskin24 comes into force, when Sheepskin24 confirms it explicitly through a second email.
2.3. The information given on the website e.g. in the different articles by Sheepskin24 – such as descriptions or images – only serve to identify the objects, so long as they are not mentioned explicitly in written form.
2.4. Information about delivery dates and time are not binding, unless it has been stated explicitly by Origomunid as binding.
2.5. The shipment will be handled by a transport company selected by Sheepskin24, unless there has been an explicit agreement that the buyer himself picks up the object at its location. The object is to be sent to the delivery address given by the buyer in his order. If the transport company does not meet anybody at the buyer’s delivery address at the first delivery attempt, they will leave a message. If the delivery fails again at the next delivery attempt or the buyer does not collect the good from the post or collection spot of the transport company or if the buyer refuses acceptance of the good’s within 7 working days, Sheepskin24 is entitled to rescind the contract.
2.6. Sheepskin24 is entitled, to undertake part shipment.
3. Passing of risk
3.1. With the forwarding of the goods to the buyer the risk is handed over. In case of a delivery delay due to good reasons from the buyer, the risk is handed over to him at the first delivery attempt.
3.2. Is the buyer not a user in the sense of § 13 BGB, the risk is already passed to the buyer with the forwarding of the good to the transport company.
4. Prices, General terms of payment
4.1. The prices of Sheepskin24 are valid from the company Sheepskin24. All prices are in Euro excluding VAT. Furthermore they include for packaging, shipment, delivery costs, shipping insurance and other delivery costs for the shipment within the EU.
4.2. The payment is due directly after the order confirmation has been issued. If the payment is not being made on time, Sheepskin24 is permitted to charge interest within the legal regulations, except if Sheepskin24 is able to give proof of a higher financial damage.
4.3. In case the buyer wants to pay via direct debit, the buyer agrees in his order: „ With my acceptance of direct debit I authorise Sheepskin24, to debit the mentioned amount for the bought object from my account. Furthermore I instruct my bank irrevocably to pass on my name and address to Sheepskin24 on demand if the direct debit is not encashed or on interference, so that they make their claim valid.
4.4 In case of a returned debit note, the buyer is obliged to make this known without any delay to Sheepskin24 and has to remit the full indebted amount within 5 days after the direct debit has been paid back. For the direct debits which have been returned to the buyer for justifiable reasons, the buyer has to pay back the results costs to Sheepskin24. Sheepskin24 is allowed to charge an amount of 10 EUR, except where the buyer can prove a lower amount of damage. If a wrong address (valid address), bank account or other misleading data have been given, Sheepskin24 reserves the right to take legal action, up until the case has been handed over to the responsible Public Prosecutor.
4.5. The amount of delivery costs is dependent on the constitution of the particular object of purchase. Therefore the costs are specified individually with the individual price of the object.
5. Right of charging and retention.
The buyer only has the right of charging, if his counterclaims are undisputable or where they have been legally asserted. The right of retatention can only be asserted due to counterclaim out of the same contractual relationship.
6. Warranty
For the buyer’s claim against Sheepskin24 due to defects the legal requirements apply. Particularly substantial disadvantages, which are evoked by inappropriate, improper or contrary to contract actions taken by the buyer, do not justify any assertions of the buyer.
7. Warranty towards companies
7.1. Is the buyer not a customer in the sense of § 13 BGB the following applies additional to the implied warranty:
7.2. Buyer’s warranty demands require that the buyer inspects the goods directly after the delivery and informs Sheepskin24 immediately after the delivery in written form about any defects. Defects which where not seen or noted at the time of the delivery have to be communicated in written form by the buyer immediately after their detection.
7.3. If the buyer can claim because of defects, Sheepskin24 is entitled at their own option to remove the defect free of charge for the buyer or alternatively deliver goods free of defects. In this case all additional expenditure, such as transport, travel, labour and material costs are to paid by Sheepskin24.
7.4. Warrantee demands lapse after 12 months from the time of the transfer of risk.
8. Liability
8.1. Sheepskin24 carries the full liability for deliberately or gross negligence caused by damages, by malicious concealment of defects, by takeover of a constitution warrantee as well as for damages from the infringement of life, body or health made by Sheepskin24, their employees or auxiliary persons.
8.2. For other damages Sheepskin24 is only liable, as far as a duty is infringed, whose implementation at first enables the correct transaction of the contract and on whose compliance the signatory can trust upon regularly (cardinal obligation) and as far as the damages are typical and predictable due to the contractual utilisation of the benefits. A possible liability due to the Product Liability Law stays untouched. A liability of Sheepskin24 beyond the preceding is excluded.
9. Reservation of proprietary rights
9.1. The delivered goods stay in ownership of Sheepskin24 until the full amount has been paid. A pledge, chattel mortgage, manufacturing and / or remodeling is not allowed before Sheepskin24 submits their written agreement.
9.2. By workmanship or converting of goods, which have been provided by the buyer or are in his possession, the buyer is regarded as manufacturer according to § 950 BGB and keeps in every step of the manufacturing process the ownership on the products, whether through own manufacturing and/or manufacturing through third parties. If third parties participate in the manufacturing, Sheepskin24 is limited to a co-ownership to the tune of the invoice value of the retained goods. Ownership acquired in this way applies as retained ownership.
9.3. The following applies exclusively for the conclusion of contract in the commercial field: The delivered goods stays in the ownership of Sheepskin24 until the full amount of Sheepskin24’s outstanding payment requests against the buyer have been paid. The buyer is permitted to resale only in the orderly transaction. The buyer assigns his claims from the resale through this to the value of the invoice value of Sheepskin24’s claims to Sheepskin24. Sheepskin24 hereby accepts the assignation.
10. Right of withdrawal
10.1. If the buyer is a customer in accordance with § 13 BGB and the contractual relationship displays a distance contract in the sense of § 312 b, the buyer can revoke the contract in text form (e.g. via letter), or even by email, or reshipment of the goods within one month after goods receipt without indication of cause. The respite starts at the earliest with the goods receipt and this instruction in text form. The respite is directed to Sheepskin24, Ebertallee19, 22607 Hamburg. A right of respite does not exist for orders and/ or deliveries of goods, that have been designed after customer specification or explicitly have been made after individual needs and by existence of the remaining requisitions of §312 d BGB.
10.2. For the ensuring of the revocation period it is sufficient that the revocation or the goods are send off in due time. The buyer has to pay the costs of the reshipment, if the delivered goods match with the ordered goods and if the price of the reshipped goods do not exceed an amount of 40,00 EUR or if the buyer at a higher price of the good has not rendered the trade-off or the contractual agreed partial payment at the time of the countermand. Otherwise the reshipment is exempted from charges for the buyer. In the case that Sheepskin24 is committed to the restitution of the reshipment costs by law, Sheepskin24 offers the buyer to collect the good free of charge. To arrange a date for the collection, please contact Sheepskin24 either via phone or email.
10.3. In the case of a countermand the mutually received services are to be granted back.
10.4. Is the completion of the pecuniary claim seriously at risk due to a occurred or emerged decline of the buyer’s financial situation after the conclusion of the contract has been made, Sheepskin24 can demand prepayment at their option, hold back not delivered goods, stop the further processing or withdraw from the contract.
10.5. If third parties, of whom Sheepskin24 sources sales objects or gets them delivered, do not fullfill their contractual obligations, particularly the delivery obligations towards Sheepskin24, and a contractual relationship according to Clause 1 of these delivery conditions has been drawn between the parties and Sheepskin24 cannot supply the buyer with the ordered goods, Sheepskin24 is obliged to the buyer to withdraw (subject to sellers being duly supplied the goods). In this case Sheepskin24 will inform the buyer immediately, that the ordered product is not available, and if possible paid purchase prices will be refunded immediately.
11. Final clause
11.1. General terms or conditions of the buyer will not even then be part and content of the contract, if the buyer continuously applies them for orders or the placing of orders.
With the signing of the escrow the buyer waives the validity of his section specification towards Sheepskin24. Sheepskin24 accepts this waiver.
11.2. If a clause of this contract is or will be invalid, the other clauses of the contract remain valid. The signatories agree to replace the invalid clause through a valid clause, which financially complies best to the objective target of the signatories. The same applies to any loophole in the contract.
11.3. In the dealing of trading the parties agree, that for all disagreements that arise within the execution of this contract exclusively the place of jurisdiction is the base of Sheepskin24. The base of Sheepskin24 is also in the dealing of non-trading the place of jurisdiction, if the buyer has no general place of jurisdiction within the Federal Republic of Germany or after conclusion of the contract his residence or usual domicile is relocated outside the territory of the Federal Republic of Germany. This also applies in the case, that the buyer’s residence or usual domicile is not known to the point in time the suit is filed.
11.4. This contract is exclusively subject to the law of the Federal Republic of Germany under exclusion of the UN-Sales law.
1. Validity:
The following terms and conditions of sale and delivery (referred further as: “terms of delivery”), which you (referred further as: “buyer”) acknowledge with your order or the acceptance of the delivery, are valid as business conditions between the buyer and the company Sheepskin24.
2. Finalising of the contract / delivery
2.1. The delivery will take place as soon as the full payment has been received via bank transfer, paypal, creditcard or cash on delivery to the account of Sheepskin24.
2.2. Sheepskin24’s offers are without restrictions. The buyer submits his offer to Sheepskin24 which concludes in a contract. After the order has been received Sheepskin24 will send an acknowledgement of receipt to the buyer. This does not indicate an acceptance of the offer, it merely serves as information about the incoming order. The contract of sale between the buyer and Sheepskin24 comes into force, when Sheepskin24 confirms it explicitly through a second email.
2.3. The information given on the website e.g. in the different articles by Sheepskin24 – such as descriptions or images – only serve to identify the objects, so long as they are not mentioned explicitly in written form.
2.4. Information about delivery dates and time are not binding, unless it has been stated explicitly by Origomunid as binding.
2.5. The shipment will be handled by a transport company selected by Sheepskin24, unless there has been an explicit agreement that the buyer himself picks up the object at its location. The object is to be sent to the delivery address given by the buyer in his order. If the transport company does not meet anybody at the buyer’s delivery address at the first delivery attempt, they will leave a message. If the delivery fails again at the next delivery attempt or the buyer does not collect the good from the post or collection spot of the transport company or if the buyer refuses acceptance of the good’s within 7 working days, Sheepskin24 is entitled to rescind the contract.
2.6. Sheepskin24 is entitled, to undertake part shipment.
3. Passing of risk
3.1. With the forwarding of the goods to the buyer the risk is handed over. In case of a delivery delay due to good reasons from the buyer, the risk is handed over to him at the first delivery attempt.
3.2. Is the buyer not a user in the sense of § 13 BGB, the risk is already passed to the buyer with the forwarding of the good to the transport company.
4. Prices, General terms of payment
4.1. The prices of Sheepskin24 are valid from the company Sheepskin24. All prices are in Euro excluding VAT. Furthermore they include for packaging, shipment, delivery costs, shipping insurance and other delivery costs for the shipment within the EU.
4.2. The payment is due directly after the order confirmation has been issued. If the payment is not being made on time, Sheepskin24 is permitted to charge interest within the legal regulations, except if Sheepskin24 is able to give proof of a higher financial damage.
4.3. In case the buyer wants to pay via direct debit, the buyer agrees in his order: „ With my acceptance of direct debit I authorise Sheepskin24, to debit the mentioned amount for the bought object from my account. Furthermore I instruct my bank irrevocably to pass on my name and address to Sheepskin24 on demand if the direct debit is not encashed or on interference, so that they make their claim valid.
4.4 In case of a returned debit note, the buyer is obliged to make this known without any delay to Sheepskin24 and has to remit the full indebted amount within 5 days after the direct debit has been paid back. For the direct debits which have been returned to the buyer for justifiable reasons, the buyer has to pay back the results costs to Sheepskin24. Sheepskin24 is allowed to charge an amount of 10 EUR, except where the buyer can prove a lower amount of damage. If a wrong address (valid address), bank account or other misleading data have been given, Sheepskin24 reserves the right to take legal action, up until the case has been handed over to the responsible Public Prosecutor.
4.5. The amount of delivery costs is dependent on the constitution of the particular object of purchase. Therefore the costs are specified individually with the individual price of the object.
5. Right of charging and retention.
The buyer only has the right of charging, if his counterclaims are undisputable or where they have been legally asserted. The right of retatention can only be asserted due to counterclaim out of the same contractual relationship.
6. Warranty
For the buyer’s claim against Sheepskin24 due to defects the legal requirements apply. Particularly substantial disadvantages, which are evoked by inappropriate, improper or contrary to contract actions taken by the buyer, do not justify any assertions of the buyer.
7. Warranty towards companies
7.1. Is the buyer not a customer in the sense of § 13 BGB the following applies additional to the implied warranty:
7.2. Buyer’s warranty demands require that the buyer inspects the goods directly after the delivery and informs Sheepskin24 immediately after the delivery in written form about any defects. Defects which where not seen or noted at the time of the delivery have to be communicated in written form by the buyer immediately after their detection.
7.3. If the buyer can claim because of defects, Sheepskin24 is entitled at their own option to remove the defect free of charge for the buyer or alternatively deliver goods free of defects. In this case all additional expenditure, such as transport, travel, labour and material costs are to paid by Sheepskin24.
7.4. Warrantee demands lapse after 12 months from the time of the transfer of risk.
8. Liability
8.1. Sheepskin24 carries the full liability for deliberately or gross negligence caused by damages, by malicious concealment of defects, by takeover of a constitution warrantee as well as for damages from the infringement of life, body or health made by Sheepskin24, their employees or auxiliary persons.
8.2. For other damages Sheepskin24 is only liable, as far as a duty is infringed, whose implementation at first enables the correct transaction of the contract and on whose compliance the signatory can trust upon regularly (cardinal obligation) and as far as the damages are typical and predictable due to the contractual utilisation of the benefits. A possible liability due to the Product Liability Law stays untouched. A liability of Sheepskin24 beyond the preceding is excluded.
9. Reservation of proprietary rights
9.1. The delivered goods stay in ownership of Sheepskin24 until the full amount has been paid. A pledge, chattel mortgage, manufacturing and / or remodeling is not allowed before Sheepskin24 submits their written agreement.
9.2. By workmanship or converting of goods, which have been provided by the buyer or are in his possession, the buyer is regarded as manufacturer according to § 950 BGB and keeps in every step of the manufacturing process the ownership on the products, whether through own manufacturing and/or manufacturing through third parties. If third parties participate in the manufacturing, Sheepskin24 is limited to a co-ownership to the tune of the invoice value of the retained goods. Ownership acquired in this way applies as retained ownership.
9.3. The following applies exclusively for the conclusion of contract in the commercial field: The delivered goods stays in the ownership of Sheepskin24 until the full amount of Sheepskin24’s outstanding payment requests against the buyer have been paid. The buyer is permitted to resale only in the orderly transaction. The buyer assigns his claims from the resale through this to the value of the invoice value of Sheepskin24’s claims to Sheepskin24. Sheepskin24 hereby accepts the assignation.
10. Right of withdrawal
10.1. If the buyer is a customer in accordance with § 13 BGB and the contractual relationship displays a distance contract in the sense of § 312 b, the buyer can revoke the contract in text form (e.g. via letter), or even by email, or reshipment of the goods within one month after goods receipt without indication of cause. The respite starts at the earliest with the goods receipt and this instruction in text form. The respite is directed to Sheepskin24, Ebertallee19, 22607 Hamburg. A right of respite does not exist for orders and/ or deliveries of goods, that have been designed after customer specification or explicitly have been made after individual needs and by existence of the remaining requisitions of §312 d BGB.
10.2. For the ensuring of the revocation period it is sufficient that the revocation or the goods are send off in due time. The buyer has to pay the costs of the reshipment, if the delivered goods match with the ordered goods and if the price of the reshipped goods do not exceed an amount of 40,00 EUR or if the buyer at a higher price of the good has not rendered the trade-off or the contractual agreed partial payment at the time of the countermand. Otherwise the reshipment is exempted from charges for the buyer. In the case that Sheepskin24 is committed to the restitution of the reshipment costs by law, Sheepskin24 offers the buyer to collect the good free of charge. To arrange a date for the collection, please contact Sheepskin24 either via phone or email.
10.3. In the case of a countermand the mutually received services are to be granted back.
10.4. Is the completion of the pecuniary claim seriously at risk due to a occurred or emerged decline of the buyer’s financial situation after the conclusion of the contract has been made, Sheepskin24 can demand prepayment at their option, hold back not delivered goods, stop the further processing or withdraw from the contract.
10.5. If third parties, of whom Sheepskin24 sources sales objects or gets them delivered, do not fullfill their contractual obligations, particularly the delivery obligations towards Sheepskin24, and a contractual relationship according to Clause 1 of these delivery conditions has been drawn between the parties and Sheepskin24 cannot supply the buyer with the ordered goods, Sheepskin24 is obliged to the buyer to withdraw (subject to sellers being duly supplied the goods). In this case Sheepskin24 will inform the buyer immediately, that the ordered product is not available, and if possible paid purchase prices will be refunded immediately.
11. Final clause
11.1. General terms or conditions of the buyer will not even then be part and content of the contract, if the buyer continuously applies them for orders or the placing of orders.
With the signing of the escrow the buyer waives the validity of his section specification towards Sheepskin24. Sheepskin24 accepts this waiver.
11.2. If a clause of this contract is or will be invalid, the other clauses of the contract remain valid. The signatories agree to replace the invalid clause through a valid clause, which financially complies best to the objective target of the signatories. The same applies to any loophole in the contract.
11.3. In the dealing of trading the parties agree, that for all disagreements that arise within the execution of this contract exclusively the place of jurisdiction is the base of Sheepskin24. The base of Sheepskin24 is also in the dealing of non-trading the place of jurisdiction, if the buyer has no general place of jurisdiction within the Federal Republic of Germany or after conclusion of the contract his residence or usual domicile is relocated outside the territory of the Federal Republic of Germany. This also applies in the case, that the buyer’s residence or usual domicile is not known to the point in time the suit is filed.
11.4. This contract is exclusively subject to the law of the Federal Republic of Germany under exclusion of the UN-Sales law.
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