Terms of contract - AMERICAN DANCEWEAR

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General Terms
General Terms and Information for Mail Order and Online Sales
1.   General
The following General Terms and Information are binding for all contracts, made via the Online-Shop at www.shop.american-dancewear.de" or other means of ordering according to the goods catalog of the seller.  These terms and information are not in effect for sales, which are  solely made in the shop of the seller. Offering and selling is AMERICAN  DANCEWEAR e.K., Owner Klaus-J. George, Werkstraße 5, 24955 Harrislee -  Germany („AMERICAN DANCEWEAR“), registered at      Handelsregister at Amtsgericht Flensburg HRA 3773, Tel. +49  (0)461-978786-0, E-Mail info@american-dancewear.de, Fax +49  (0)461-978786-29.
General  Terms differing and/ or contrary to these General Terms are not  accepted by AMERICAN DANCEWEAR unless AMERICAN DANCEWEAR has accepted  these expressively in writing. This is also valid if AMERICAN DANCEWEAR  fulfills the customer’s order in the knowledge of contrary or differing  conditions without any reservation.
This document is always access-able on the website of AMERICAN DANCEWEAR and is available as PDF-download. Additionally,  AMERICAN DANCEWEAR sends the customer these General Terms and  Information in the process of confirming the order for every contract  via Online-Shop or Mail Order.
2.  Contract
The customer agrees to a binding contract with AMERICAN DANCEWEAR. In the process of ordering or by mail order the customer makes a binding contract offer. The contract will be accepted by AMERICAN DANCEWEAR separately. Immediately  after sending an order the customer will receive an e-mail confirming  that the order was received. This confirmation does not include the  acceptance of the offer. The  acceptance will be sent by a separate order confirmation via e-mail or  by delivery of the goods – in each case at the latest within five work  days after receiving the order. Has prepayment been agreed on the  contract is binding with the receipt of the payment. AMERICAN  DANCEWEAR is entitled to refuse offers of customers without a reason.  Orders with delivery addresses other than listed in the catalog or in  the online-shop are not possible.
3.  Process of Ordering and Payment in the Online-Shop
By  picking the goods in the online-shop the goods are placed in the  virtual shopping cart. On the online shopping cart it is possible to add  goods to the personal shopping cart by clicking the button “shopping  cart”. In the shopping cart all chosen products including cost of  shipment and the grand total are listed. Single  items or the total shopping cart can be deleted. The order will be  binding after entering the necessary personal data and clicking the  button “Buy”. By clicking the button “Buy” a binding offer of contract  is made.
4.  Return Policy
In  case the customer wants to use the right if withdrawal (see the  following) the customer has to pay the immediate cost of returning the  goods.
5.  Right of Withdrawal
Is  the customer a consumer according to § 13 BGB, he has the right of  withdrawal according to the following “Advice on the Right of  Withdrawal”. Consumer is each individual person who is agreeing on a  contract which cannot be attributed in the main part to his or hers  business or self-employed work.
Advice on the Right of Withdrawal
Right of Withdrawal:
You have the right to withdraw from this contract within 14 days without stating any reasons. The  deadline is 14 days, beginning with the day you or a third party  nominated by you who is not the transporter, have taken the goods in  custody. In case of a contract for multiple goods which were ordered  with a single order or which are delivered separately the deadline for  the right of withdrawal the deadline for the right of withdrawal starts  14 days after  you or the third party nominated by you who is not the  transporter has received the last of the good or goods.
To use the right of withdrawal you have to declare to us, AMERICAN DANCEWEAR e.K., Werkstraße 5, 24955 Harrislee , Tel. +49 (0)461-978786-0,           E-Mail: sales@american-dancewear.de,  Fax +49 (0)461-978786-29, by specific statement (e.g. a letter sent by  mail, Telefax or E-Mail) that you want to withdraw from this contract.  You may use the included sample form. The use of the included sample  form is not mandatory.
To comply with the deadline it is sufficient that you send the statement about the use of the right of withdrawal on time.
Consequences of the Withdrawal:
If  you withdraw from this contract, we have to refund to you all payments  we have received including the cost of delivery (but not the additional  cost,  resulting in another kind of delivery compared to our most cost  efficient standard delivery) immediately and at the latest within 14  days beginning with the day we received your statement about your  withdrawal from the contract. For the refund we will use the same kind  of payment which you used for the original transaction, other than we  agreed with you specifically on a different form. In no circumstances  will we charge a fee for the refund. We can refuse the refund until we  received the goods back or you sent us proof that you sent the goods  back, whichever is earlier.
You  have to send back or deliver the goods to AMERICAN DANCEWEAR e.K.,  Werkstraße 5, 24955 Harrislee immediately and at the latest within 14  days beginning the day you informed us about your withdrawal from the  contract. To comply with the deadline it is sufficient if you send out  the goods before the deadline of 14 days ends.
You  have to refund a possible loss of value of the goods only if the loss  of value is the result of handling the goods in a way which is not  necessary to check the condition, characteristics and functioning of the  goods.
End of the Advice on the Right of Withdrawal
Sample Form for the Withdrawal from Contract
(If you want to withdraw from the contract please fill out this form and send it back.)
  • To AMERICAN DANCEWEAR e.K., Werkstraße 5, 24955 Harrislee, Telefax +49 (0)461 978786-29, E-Mail: sales@american-dancewear.de
  • I/ We(*) declare the withdrawal from my/ our (*) contract about the buying of the following goods(*)/ the following service(*)
  • ordered on(*)/ received on(*)
  • Name of the buyer
  • Address of the buyer
  • Signature of the buyer (when on paper only)
  • Date
* Please delete where inapplicable
6.  Retention of Title
The  ownership of the goods remains with AMERICAN DANCEWEAR until payment  has been made by the customer in full. In case the customer is a  commercial or a self-employed business, the ownership of the goods  bought transfers from AMERICAN DANCEWEAR to the customer not before the  customer has paid all receivable of AMERICAN DANCEWEAR from the pending  business relationship in full. In case the retention of title of  AMERICAN DANCEWEAR on the goods bought in a business transaction ceases  to exist due to reselling, combining with or working done on the goods,  the goods are replaced by cession of the claims or the receivable  resulting of these sales.
7.  Prices and Terms of Payment
The  total price of the goods which is stated during the process of ordering  or is the result of the catalog order is due after the offer is made by  the customer and has been accepted by AMERICAN DANCEWEAR. The possible  methods of payment are stated during the process of ordering or in the  catalog. Credit card payments are charged to the customer after the  offer has been accepted by AMERICAN DANCEWEAR. Other means of payment  offered in the online-shop are handled accordingly.
All  prices stated include the value added tax which legally has to be  applied. Additional costs of delivery, packaging or insurance are stated  as well and have to be paid by the customer. The customer is not  entitled to an early payment discount. For direct debit and credit card  payments which are refused due to circumstances influenceable by the  customer AMERICAN DANCEWEAR is entitled to charge an appropriate service  fee to cover the cost charged by third parties as well as own costs of  handling.
The  deduction of own receivables against AMERICAN DANCEWEAR is barred if  the demand is not undisputed or legally entitled. The customer has a  right to hold back payments only if the demands are subject to the same  contract.
8.  Delivery/ Part Delivery
AMERICAN  DANCEWEAR is entitled to an early or part delivery but tries to deliver  an order in one delivery. If the customer is not a consumer, the  customer covers the risk of transport. The customer will not be charged  for additional cost due to part deliveries. Part deliveries are excluded  if they are unreasonable for the customer. Deliveries will be made in  the case of acceptance of an order latest within 10 work days after the  order has been received.
9.  Warranty
Defective  merchandise is handled according to legal regulations. In case the  customer is not a consumer it is the sole decision of AMERICAN DANCEWEAR  to repair or to replace the defective goods.  The defects liability  period for new goods is two years, for used goods one year. If the  customer is a business the defects liability period differing is always  one year. If the customer is a business the duties of checking and  complaining usual in commercial law apply in full extent.
10.  Liability
AMERICAN  DANCEWEAR is liable for damages, regardless of the reason, only in case  of deliberate act or gross negligence of the board or the assistants.  The disclaimer does not include the negligence of essential parts of the  contract but the liability is limited to the typically foreseeable  damages. Essential parts of contract are abstract duties which are  necessary for an orderly fulfillment of the contract and on which a  contract party regularly can rely on. Liability for damages of life,  bodily harm or health as well as due to the law of product liability is  exempt.
11.  Privacy
As  far as AMERICAN DANCEWEAR collects customer data in the process of  handling orders, AMERICAN DANCEWEAR adheres to the applicable rules of  the BDSG and TMG. AMERICAN DANCEWEAR keeps the data confidential and uses it only for necessary parts of contract. Data transfer to third parties is excluded.
12.  Place of Fulfillment, Jurisdiction Applicable Law
The contract is governed by the law of the Bundesrepublik Deutschland  (Federal Republic of Germany) excluding the UN Convention on Contracts  for the International Sale of Goods (CSIG). Sole jurisdiction and place  of fulfillment for all claims and enforcements of contract according to  these General Terms is Harrislee – if the customer is a business, a  corporate body under public law or public separate assets. This applies  too, if the customer has no legal residence in Germany.
Alternative dispute resolution according to Art. 14 Abs 1 ODR-VO and § 36 VSBG:
„The European Commission provides an online-platform for dispute resolution (os-platform), which you can find at  http://ec.europa.eu/consumers/odr/. We are not required to take part in an alternative dispute resolution and will not do so. Our e-mail-address is as follows sales@american-dancewear.de.”
Updated: December 2020

AG Flensburg HRA 3773 FL
UStID: DE161288187
Inh.  Klaus-J. George
Werkstr. 5
24955 Harrislee
+49 (0)461 978786-0
Inh.  Klaus-J. George
Werkstr. 5
24955 Harrislee
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