General Terms and Conditions of Business E-Commerce (as at 2010-04-23)

 
 

FRD GmbH
Label of Love

Blumenstrasse 3
80331 München


Authorised to represent: Franziska Romana Dannecker
Commercial Registry: HRB 181960, UST-ID: DE 268719720
Local Court: Amtsgericht Munich


Phone:+49 89 41 200 388 (oder +49 172 862 82 73)
Fax:+49 89 41 200 389


Email: contact@label-of-love.com
Web: www.label-of-love.com

 

Download General Terms and Conditions of Business as PDF

 

Area of validity

  1. The following general terms and conditions of business apply exclusively in the version which is valid on the date of the order for the business relations between Label of Love GmbH (hereafter: "Label of Love") and the customer.
  2. The customer acknowledges the general terms and conditions of business as legally binding when he submits his order. Diverging provisions only apply in so far as they are recognised in writing by Label of Love
  3. Should a provision of these general terms and conditions of business be invalid, the validity of the other provisions shall remain unaffected.

Conclusion of contract / Data Protection

  1. The customer's order represents a binding offer to conclude a sales contract which Label of Love can accept within one week by sending an appropriate confirmation (order confirmation). A claim to delivery of the goods only arises when Label of Love sends the confirmation.
  2. If the customer orders the goods electronically, the text of the contract and these general terms and conditions of business are saved in a form which can be reproduced and forwarded to the customer by email.
  3. When the customer submits personal data, Label of Love is entitled to save and process the data which is required for carrying out the business and to pass it on to third parties in compliance with the Federal Data Protection Act in so far as this is necessary for performance of the order.

Revocation advice

  1. The customer has the right to revoke his contract declaration within the period of two weeks without specifying the reasons, in text form (e. g. letter, fax, email) or by returning the goods. The period of time commences at the earliest with receipt of the goods and not before receipt of this advice. To safeguard the period of revocation the dispatch of the revocation or the item within the prescribed period will suffice. The revocation must be forwarded to:

    FRD GmbH, Prinzregentenstraße 95, 81677 Munich Tel.: 089 / 41 200 388 Fax: 089 / 41 200 389 email: contact@label-of-love.com

  2. In the case of a valid revocation the services received on both sides must be returned and, if necessary, benefits derived (e. g. interest) must be given back.
  3. If the customer cannot return the service received wholly or partly or only in a deteriorated condition, he must pay compensation to Label of Love in this respect. This shall not apply if the deterioration of the item must be attributed exclusively to its inspection – as, for instance, would have been possible for the customer in the shop. In other respects, the customer can avoid the obligation to pay compensation if he does not put the item into use like an owner and refrains from all actions which would be detrimental to its value.
  4. Items which can be packaged must be sent back. In the case of a return from a delivery of goods for which the total order value is no more than 40 Euro, the customer must pay the costs of the return if the delivered goods correspond with the ordered goods. Otherwise, the return is free of charge. Items which cannot be packaged will be collected from the customer.
  5. There is no right of revocation if the goods are made according to customer specifications, are clearly customised to the personal requirements of the customer or due to their nature are not suitable for return.

End of the revocation advice

Volume of the delivery

  1. The order confirmation is decisive for the volume of the delivery. Label of Love is entitled to make part deliveries at a reasonable volume.
  2. If the customer defaults in acceptance or if he infringes negligently other obligations of co-operation, Label of Love is entitled to demand fulfilment of the contract, or after expiry of an appropriate period of grace set by Label of Love, compensation due to non-performance.

Documents / Copyright

Label of Love reserves all ownership and copyright to the goods and reproductions, drawings and other documents. This also applies to those written documents which are described as "confidential". The customer requires the express written authority of Label of Love before passing the above on to third parties.

Exclusion of implicit guarantees

Declarations and/or descriptions (e. g. drawings, tender documents, specifications, dimensions and weight) and publicly agreed statements or statements (e.g. advertising) made publicly available do not represent the giving of a guarantee in instances of doubt. In instances of doubt only express written declarations of Label of Love with respect to the giving of a guarantee are decisive.

Date of delivery

  1. The specification of delivery dates is not binding and only represents a rough benchmark, unless, exceptionally, Label of Love makes a binding commitment with regard to the delivery date in writing. In the case of binding delivery dates these periods of times are extended in the instance of strikes and incidents of force majeure for the duration of the delay. The same applies if the customer infringes possible obligations of co-operation.
  2. If the customer defaults in acceptance or if he infringes negligently other obligations of co-operation, Label of Love is entitled to demand fulfilment of the contract, or after expiry of an appropriate period of grace set by Label of Love, compensation due to non-performance.

Prices / Terms and conditions of payment

  1. The specified purchase price - subject to the ruling in Point 4 - is binding. In so far as no other agreement is made with the customer in writing, the purchase price includes the statutory turnover tax. If further taxes or other charges should arise they must be paid by the customer.
  2. All deliveries abroad are made with the duty not paid.
  3. Price changes are admissible if there are more than four months between the conclusion of the contract and the agreed date of delivery. If the wages or the material costs change afterwards before delivery Label of Love is entitled to increase or lower the price in accordance with the cost increases or cost reductions at an appropriate amount. The customer is only entitled to a right of revocation in the instance of a price increase if the increase exceeds the rise in the general cost of living more than insignificantly in the period between the order and the delivery.
  4. The goods will not be dispatched to the customer until the purchase price has been paid in full.
  5. The customer can pay the purchase price by invoice, credit card or direct debit.
  6. Cheques and bills of exchange are only accepted on account of performance. All payments are made at the risk and costs of the customer.
  7. The customer is only entitled to rights of set off if his counterclaims have been recognised by declaratory judgement, are undisputed or recognised by Label of Love. In addition, the customer is only authorised to exercise a right of revocation in so far as his counterclaim is based on the same contract relationship.
  8. Payment by instalments is only accepted on the basis of a special written agreement. If the customer defaults wholly or partly with an instalment the total amount of the remaining claim must be paid immediately.
  9. Label of Love is entitled to assign claims with respect to customers to third parties in the frame of the usual credit and factoring contracts.

Packaging / Shipping

  1. The customer must pay for the costs of packaging and shipping. Label of Love decides freely on the choice of the shipping method after due assessment of the circumstances.
  2. Shipping costs are €3.50.
  3. In so far as the customer requires Label of Love will cover the delivery of the goods with transport insurance; the customer pays for the costs incurred in this respect.

Reservation of title

  1. If Label of Love should deliver the goods before complete payment of the purchase price, Label of Love reserves title to the goods until full payment of the purchase price has been made. In this case the customer is obliged to handle the goods carefully until full payment of the purchase price.
  2. In the instance of seizure of property of judgement debtor by court authorities or other third-party actions the customer must inform Label of Love immediately in writing and hand over all documents necessary for an intervention; this also applies for other types of impairment. Irrespective of this, the customer must point out to third parties the existing rights to the goods in advance.

Warranty

  1. The customer is aware that reproductions of the goods on www.label-of-love.com“ may vary from the appearance of the delivered goods; in particular, this applies with reference to colour and size. In this respect the customer is not entitled to any claims based on defects, unless the variation is unreasonable.
  2. Variations in size, colour, structure and quality remain reserved in so far as they remain within the range which is usual in the trade and do not give grounds for any rights of the customer. In particular, this applies to natural products (e. g. precious stones, metals, wood or similar). In the instance of natural products there can be variations with respect to structure and colour. This does not indicate a defect or inferior quality but is solely based on the fact that natural products are used in the manufacture.
  3. Materials from natural products can change during the course of time; in particular, this applies to the colour. This is the result of a natural process and does not indicate a defect. Likewise, normal evidence of wear and tear and traces of use do not indicate a defect.
  4. Label of Love is liable in accordance with the statutory regulations in the instance of a defect if and in so far as there are no limitations from the following provisions. The customer must give notice to Label of Love in writing of obvious defects within two weeks after the defect has appeared. If notice is not given within the period of two weeks, the warranty rights are terminated. This does not apply if Label of Love fraudulently concealed the defect and/or has given a guarantee with respect to the quality of the item.
  5. The limitation period for claims based on defects is two years calculated from the passing of the risk.

Compensation / Limitation on liability

  1. The liability of Label of Love for contractual breaches of duty and tort is limited to intention and gross negligence. This does not apply in the instance of injury to life, physical injury and injury to the health of the customer, claims due to the infringement of important contractual obligations which jeopardise the fulfilling of the purpose of the contract (cardinal obligations) and compensation for damage caused by default (Section 286 BGB [Civil Code]). In this respect Label of Love is liable for each degree of negligence.
  2. The exclusion of liability specified above in Point 1 also applies to slightly negligent infringements of obligations of the vicarious agents of Label of Love.
  3. In the instance of merely slightly negligent infringement of an obligation by Label of Love and/or its vicarious agents the liability is limited to the typical contractual foreseeable damage. In the instance of merely slightly negligent delay in delivery, the damage caused by delay possibly incurred by the customer is limited to at most 5 % of the agreed purchase price.
  4. In so far as the liability for compensation with respect to Label of Love is excluded or limited, this also applies with reference to the personal liability for compensation of the employees, workers, representatives and vicarious agents of Label of Love.

Written form of declaration

Relevant declarations and announcements which the customer must make with respect to Label of Love or a third party must be made in writing.

Place of jurisdiction / Choice of law

  1. The principal place of business of Label of Love is the place of jurisdiction if the customer relocates his permanent residence or usual place of abode after the conclusion of the contract from the area of validity of the Federal Republic of Germany. This also applies if the permanent residence or usual place of abode of the customer on the date legal proceedings are instituted are unknown.
  2. The law of the Federal Republic of Germany shall apply unless special consumer protection regulations in the customer's native country are more advantageous (Art. 29 EGBGB [Introductory Law of the Civil Code]). The validity of the Hague Conventions Relating to a Uniform Law on the International Sale of Goods is excluded.