Bingo Merch GmbH
Geschäftsführer: Keith Nealy
Amtsgericht Berlin HRB 121184 B
General Terms and Conditions of Frocksteady.com
§ 1 Applicability
The present General Terms and Conditions shall apply exclusively to all business relations between Frocksteady.com (from here on referred to as Frock Steady) and its purchaser. Provisions differing from those indicated in our General Terms and Conditions cannot be accepted unless agreed on by Frock Steady and the purchaser in writing, in individual cases. Frock Steady is operated by Bingo Merch GmbH. Bingo Merch GmbH has been entered into the commercial register at the relevant local court (Amtsgericht Charlottenburg).
§ 2 Contract Conclusion
1. An incoming order (via email) to Frock Steady constitutes an offer to conclude a sales contract with Frock Steady.
2. The sales contract between Frock Steady and the purchaser shall exclusively be brought about if Frock Steady dispatches the ordered goods to the purchaser. The consignment will be sent to the last address that the purchaser has given to Frock Steady. A contract will not be concluded for any goods that have been ordered but that are not included in the consignment. The contractual partners are the purchaser and Frock Steady.
§ 3 Revocation
The purchaser can revoke the contract within a month after receipt of the goods without prior notice. The revocation must be effected in writing (via letter, fax, e-mail) or by returning the goods. To comply with this term, it is sufficient to send the written revocation or return the goods within the stipulated period. No reasons have to be given for the revocation. The time limit of one month within which the purchaser can revoke in writing (also by e-mail) or by returning the goods commences with the receipt of the goods and the revocation instructions. Revocations should be addressed to:
Bingo Merch GmbH
Naumburger Str. 4
The customer is liable for the return shipping fees. We recommend using a tracable shipping method, as Frock Steady is not liable for returned items lost by any courier service. There is no right of revocation for the delivery of audio or video recordings (vinyl records, CDs, etc), if the delivered data carriers were sealed and the purchaser has unsealed them.
§ 4 Delivery, Cost Of Delivery
1. Insofar as nothing else is agreed on, the consignment will be sent from the Frock Steady warehouse to the delivery address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or other assigned person is not present at the indicated delivery address when the goods are delivered.
2. Shipping costs depend on destination and weight of shipment. Please find detailed information on shipping costs here: http://www.frocksteady.com/shop/shipping-information/
3. We are entitled to partial delivery, as long as it is reasonable towards the customer. Additional shipping costs only accure on explicit agreement.
§ 5 Payment, Maturity And Default
1. The purchaser can execute payment via credit card, Paypal, Giropay or direct debiting system. Direct debiting is only available for orders within Germany.
2. In case of failed payment, for example in cases with insufficient funds with direct debiting, the penelty fee will be assumed by the custumer.
3. The amount invoiced is due for payment on receipt of the invoice which is attached to the delivered goods.
§ 6 Set-off, Retention
The purchaser shall only be entitled to set-off, if his counter claims have been recognized in a legally effective manner or are uncontested by Frock Steady.
§ 7 Reservation Of Ownership
Until complete payment of the sales price has been effected, the delivered goods shall remain the property of Frock Steady.
§ 8 Liability For Defects
1. The legal provisions are valid for defects to the goods sold. It is forbidden to assign these claims to third parties. Unless otherwise stated hereunder, further claims on the part of the purchaser are excluded, e.g. compensation for any consequential harm caused by defective goods. Frock Steady is therefore not liable for any damages except for damages to the actual delivered goods.
2. Frock Steady emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores or morally harmful to young people. Frock Steady shall expressly assume no guarantee that no content of the above mention kind is contained in the delivered audio or video recordings or printed matter. The assertion of any claims for damages in this respect is excluded.
3. Frock Steady emphasizes that in spite of all the extraordinary diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter have been produced which infringe on intellectual property rights or ancillary copyright. Frock Steady shall expressly assume no guarantee that the delivered audio or video recordings or printed matter do not infringe on intellectual property rights or ancillary copyright. The assertion of any claims for damages in this respect is excluded.
4. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 3 herein are also applicable to Frock Steady' employees, representatives and vicarious agents.
5. The disclaimers of warranty or limitation of liability specified in paragraphs 1 to 4 herein do not apply, if the damages result from intentional or grossly negligent breaches of duty or if personal injury is involved or if there has been an intentional or grossly negligent infringement or breach of moral standards. They are also not applicable, if the purchaser claims damages according to §§ 1 und 4 of the Product Liability Law.
6. In those cases where Frock Steady provides rectification in the form of replacement, the purchaser is obliged to return the originally delivered goods to Frock Steady at the expense of Frock Steady within 30 days of receipt of the replacement delivery.
7. Claims that are made as a result of defects become invalid after two years from the date of delivery to the purchaser.
§ 9 Data Protection
Personal data that Frock Steady has collected and recorded pertaining to the purchasers, solely serve the purpose of handling and processing the order, including the realization of delivery or sales price, as well as the pursuance of any further claims that may result from this. At no time we will reveal your personal data to any third party, and you can always request information about your data saved in our system.
§ 10 Applicable Law
German law under exclusion of the UN Convention on Contracts For The International Sale Of Goods is applicable, irrespective of the purchasers seat or domicile.
§ 11 Prices
All prices in the webshop are including german VAT (19%)
§ 12 Invalid Clauses
The inoperativeness of one or several provisions of said General Conditions does not affect the validity of the remaining provisions. In such case a provision is applicable which meets best the legal and economic aim of the inoperative provision. This does not apply in case complying with the terms of the Contract would constitute unreasonable hardship for one or both of the Parties.