TERMS & CONDITIONS
For the Onlineshop Dalgado GbR
Owner: René Jülicher und Jan Jülicher
This website is operated by Dalgado GbR (referred to as “Dalgado”, “we”, “us” and “our”).
Unless explicitly otherwise agreed upon, all offers, agreements and deliveries are made pursuant to the general terms and conditions (GTC) of the online shop http://dalgado.de/en. Any deviating general terms and conditions of the customer shall be expressly excluded. Offers are only valid as long as they are published on our internet pages.
The customer explicitly agrees to our Terms and Conditions by clicking on the checkbox “All orders are processed by Dalgado GbR and mailed according to our Terms and Conditions from Germany. By clicking on the checkbox, you indicate that you have read our Terms and Conditions and Private Policy and agree with them” during the checkout process.
All information is given without guarantee. No obligation is assumed for the completeness of the stated prices. In particular, we assume no liability for errors, printing mistakes, and consequences from applying our care instructions; prices and products remain subject to change.
2. Conclusion of contract
Our offers are without engagement and not binding. The presentation of the products in our online-shop shall not constitute a legally binding offer, but merely a non-binding online-catalogue. We shall not assume any liability for errors in illustrations, descriptions, measurements, weights, and we reserve the right to change our designs. Pictures shall be for illustrative purposes only and might deviate from the actual product. The customer’s order placed on our website is binding. You will receive an order confirmation email, immediately after the order was sent. A purchase contract, however, shall only come into effect once a email confirmation of delivery was received or once the purchased goods are delivered.
Goods are delivered as quickly as possible and usually sent out within 5 working days after receipt of the order in the case of advance payment via bank transfer to our account IBAN: DE12720700240035720200, BIC: DEUTDEDB720 with the Deutsche Bank Augsburg, or with payment via PayPal, Credit Card, or SOFORT Überweisung (direct banking). We will inform you, if deliveries should be delayed.
Information given by the seller regarding delivery dates are non-binding and only represent non-binding estimates. Fixed date deliveries cannot be guaranteed. If a deadline cannot be met due to an act of God, strike, fire, machine failure, unforeseen hindrances or other circumstances not imputable to the seller, the delivery deadline will be extended for the duration of the event. The same applies if the seller defaults for late delivery.
Shipping damages which the principal discovers after receipt of the goods are to be reported to the carrier or to us within 48 hours after receipt of said goods unless the sender has already been notified; otherwise, claims for compensation or replacements will no longer be possible.
The prices apply ex stock and are stated as unit prices in euros and contain applicable statutory VAT, currently 16%, hereafter referred to as the "Value of Goods". All prices are effective until a new price list is released.
The shipping costs and any C.O.D. charges are not included in the price and will be added to the order amount separately. The packaging costs are included in the price. There may be markups by customs for deliveries abroad. Customs duties are generally borne by the buyer.
5. Shipping Costs
You can find a detailed chart with all shipping costs and delivery times in our Shipping overview which is a part of our Terms and Conditions. Additionally, the shipping cost will be displayed at the checkout.
All our orders are shipped from Germany. Please note that all of the displayed shipping times are in business days and are estimates from the date of shipment, not the date of order. The displayed shipping times only serve as a guide, as the shipment may take longer due to customs clearance procedures in certain countries. We require a signature for all our deliveries. Your order can only be delivered to the shipping address provided at checkout. The delivery to a P.O. Box or packing station is not possible. Changes of the delivery address are not possible after the order has been shipped.
Please note that there might be additional import taxes and custom duties levied by the custom office of the country of destination for deliveries outside of the EU. These will be added to the shipping costs and can become due during or after delivery. The exact amount of these costs varies by country. For more detailed information, please call your responsible custom office.
6. Payment, Set-off, Assignment
The payment terms on our internet pages, in offers or in the order confirmation apply exclusively.
We offer following payment options:
After completing your purchase order, you will receive an automatic order confirmation email which includes all the important information, including our bank information. By choosing the advance payment option, the customer agrees to pay immediately after the order has been placed. Affirmation of the contract is effective and delivery will pursue upon receipt of payment. Dalgado GbR is entitled to cancel an order if payment has not been received within 8 working days from the time the order was placed. Any transaction fees and banking charges are assumed by the customer. Any reimbursement will be transferred to the bank account which was used to pay for the purchase order.
Our German banking details are:
Deutsche Bank Augsburg
IBAN: DE12 7207 0024 0035 7202 00
We currently offer this payment option only in Euros. Simply choose PayPal when you select a payment option on our site and you will be redirected to the PayPal website. If you do not have a PayPal account, you can quickly open one during the checkout process. For more information, please visit PayPal.com.
Even without having an account, you can use PayPal to pay with credit card (Visa, MasterCard, American Express). The service “payment without PayPal account” is only offered in the European Union.
SOFORT Überweisung (direct banking)
The payment via Direct Banking is safe, fast, and simple. The transaction is processed through our partner “SOFORT Überweisung” who is also the payee. For more information, please visit SOFORT Überweisung. SOFORT Überweisung is only offered in Germany, Austria, Switzerland, Belgium, United Kingdom, Netherlands, Italy, Poland, Hungary, Spain, France, Czech Republic, Slovakia.
The customer shall not be entitled to assert any right of retention unless the claims forming the basis of such right of retention arose out of the same contractual relationship. The assignment or pledge of claims or rights the customer has vis-à-vis the seller shall be excluded unless the seller gave its prior consent or unless the customer can provide evidence for a legitimate interest.
7. Retention of Title
All delivered goods remain our property until payment of the purchase price is made in full. Accounts receivable from the resale of goods shall be assigned to us equivalent to the amount of the original invoice. In the event that the delivered goods or the property on which the goods are located are encumbered or are otherwise claimed by third parties (e.g. as a result of receivership or judicial sale), the buyer is obligated to notify said third parties of our property rights, to immediately notify us in writing, and provide us with copies of the return of execution.
8. Right of Revocation
In case the customer is a consumer and he/she concluded a contract with the seller exclusively via telecommunication means, the customer shall have a right of revocation as described below:
The customer shall be entitled to revoke the contract in writing (e.g. letter or email) within 30 days and without stating any grounds therefore. This period of time shall not commence before the receipt of the merchandise by you or an empowered third party, which is different to the carrier. For orders placed between November 27th 2020 and December 15th 2020, an extended right of return applies until January 15th 2021.
In order to execute your right for revocation, you’ll have to notify us (Dalgado GbR, Friedenstrasse 45, 40219 Düsseldorf, email: firstname.lastname@example.org) about your decision in writing (via letter, email). For your convenience, you have the option to use the cancellation form or make a withdrawal declaration on the contact page on our website electronically. If you decide to follow one of two options named above, we will immediately (e.g. per email) confirm the receipt of your revocation. A revocation is valid, if declared prior to the revocation deadline of 30 days.
No right of revocation exists:
if the customer purchased the products from the seller in order to use them in a commercial or self-employed business activity (in this case the customer shall not be deemed a consumer) or in case of custom orders assembled according to the customer’s specifications or personal needs (custom-made products).
9. Consequences of Revocation
In the event of a valid revocation, we will pay back all your payments which include delivery costs within 30 days of receipt of your revocation. We will use the same means of payment for the reimbursement as used for your initial payment unless we expressly agreed on a different way of repayment; under no circumstances will there be any extra charges for you. We can deny repayment until we have received the goods.
It is your duty to send or give back the merchandise within 30 days of your revocation to Dalgado GbR, Friedenstrasse 45, 40219 Düsseldorf, Germany. The revocation will be void if the merchandise was not shipped before the 30-day deadline. If possible, please send the goods, which you intend to return, to us in its original packaging including any other packaging pieces or accessories. You will have to render compensation if the reduction of value was caused by an act other than product testing, as it would be possible and permitted in store. Returns within Germany are free of charge as long as you use the return label sent to you by our customer service team after your return request was processed. Otherwise, the return costs are the customers responsibility. International return shipping costs will have to be assumed by the customer.
10. Alternative Settlement of Disputes
10.1 The European Commission provides a platform for online settlements of disputes under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
11. Exchanges, Damages, Replacements
We understand that there is always the possibility that the product you have purchased isn't quite what you were looking for. Therefore, you have the option to exchange your Dalgado product(s) within 30 days of you receiving your product(s) in case you need a different colour or size. For orders placed between November 27th 2020 and December 15th 2020, an extended right of exchange applies until January 15th 2021. Please let us know your order number and your desired exchange via email@example.com or by phone at 0049 (0) 211 97531929. We will then check your request and let you know whether we can process your request either via phone or email within a few days.
Returns within Germany are free of charge as long as you use the return label sent to you by our customer service team after your return request was processed. Otherwise, the costs to send product to us (Dalgado GbR, Friedenstrasse 45, 40219 Düsseldorf) are the customers responsibility. International return shipping costs will have to be assumed by the customer. Both for national and international returns, we’ll then ship the exchange to you via standard delivery free of charge, as soon as we have received the goods. It is important that the products are unworn and have no signs of wear. Please pack the products in its original packaging. Please note that we currently only allow for a one-time exchange associated with the same original order. A return after an exchange is currently not offered.
Damage Upon Arrival (not caused by shipping)
If your product arrives with a manufacturing defect, such as a tear in the leather or a loose stitch, which was not caused during shipping we will gladly replace it. We kindly ask for you to first send us a photograph of the damaged product to firstname.lastname@example.org. We will send you further instructions once we received and reviewed your email.
All Dalgado products are crafted from the finest materials and undergo rigorous quality controls. However, leather is a natural product which wears and tears over time. So, it is possible that your Dalgado product might stretch, bend or discolour over time. We generally do not allow for returns due to such changes beyond your 30-day right of revocation period unless these changes interfere with the basic function of the respective product. However, each case will have to be inspected separately. Please send an email to email@example.com including pictures and a brief summary of the problem. We will respond to you with our assessment within a few days. Please note that any replacement claims for products older than six months shall not be permitted.
Once we have received the billing amount as an advance payment in our bank account, your order will be processed. The order of a customer is binding and cannot be exchanged or returned, as the belts are custom-made. Changes to an order are only possible until the start of production. Changes to or cancellation of your order at a later time are not possible. Generally, orders cannot be exchanged or returned. Excluded from that are orders which were damaged during transport as well as wrong deliveries. We kindly ask you to examine your order immediately at receipt for correctness and completeness and let us know about all possible complaints right away. Production time is estimated to be 8 weeks. The finished goods will be mailed to you as soon as they are ready. Delivery times are non-binding.
We shall not assume any liability for errors in illustrations, descriptions, and colour. Pictures shall be for illustrative purposes only and might deviate from the actual product. The minimum order quantity per design per colour is 10 pieces and the freight-charge is 15€.
14. Distance contracts & online business transactions
Information for customers concerning distance contracts and online business transactions
a) We are not subject to any code of conduct which was not mentioned in our Terms and Conditions.
b) You can check and, if necessary, alter your order specifications during the last step of the checkout process.
c) Product details as well as validity of terminable offers can be found on our website.
d) Our website is available in English and German.
e) Any kind of claim can be send to our physical or email address.
f) We don’t save the purchase contract and you won’t be able to access it through us. You do, however, have the option to print the purchase contract using the “printing option” of your web browser and save it using the “save option”.
g) Information regarding payment options and delivery methods can be found in our Terms and Conditions.
15. Data Storage & Protection
16. Safeguarding Provision
If individual provisions of this contract, including this provision, should become partially or entirely inoperative, or should there be any gaps in the contract, the validity of the other provisions or parts of these provisions remain intact. In place of the inoperative or missing provisions, the corresponding legal regulations shall apply.
17. Legal Basis
For contracts between seller and buyer, the law of the Federal Republic of Germany shall apply under exclusion of the UN convention on Contracts for the International Sale of Goods. If the customer is a merchant, legal person of a public-law institution, or special fund under public law, legal venue for all contractual relationships between the customer and seller shall be the seller’s place of business.
(As of June 2020)