Terms and Conditions
These General Terms and Conditions (in the following ‘terms’) of the
COLOURS & CITIES GmbH
(also referred to as ‘provider’) apply for all orders made via the online shop at www.coloursandcities.com / .com/en (‘online shop’ in the following).
2. The range of products in our online shop is exclusively targeted at persons of unlimited legal capacity as well as legal entities.
3. The sale via the online shop is only possible to end consumers and in usual quantities.
4. Our deliveries, services and offers are solely provided on the basis of the General Terms and Conditions. The General Terms and Conditions apply for companies and thus also for all future business relationships, even if they are not explicitly agreed on again.
5. The contractual language is exclusively German.
6. The currently valid General Terms and Conditions may be retrieved from www.coloursandcities.com /.com/en and printed.
§ 2 Presentation of goods, conclusion of contract and order process
1. The presentation of goods in the online shop does not represent a binding application for the conclusion of a contract of purchase. It rather presents an unbinding invitation to order goods on the online shop.
2. By clicking the button ‘Place order now with obligation to pay”, the customer submits a binding offer to buy (§ 145 BGB).
3. Once the offer to buy is received, the customer is sent an automatic email by which means we confirm that we have received the order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of the customer’s offer to enter into a contract. A confirmation of receipt does not yet lead to the conclusion of a contract.
4. A purchase agreement is formed only once we explicitly confirm that we have accepted the purchase offer (for example through an order confirmation) or if we send the product – without a specific prior acceptance statement – to the customer.
§ 3 Prices
The prices listed on the product pages include the legal VAT and all other price components except the shipping fees. The shipping fees vary depending on the destination country. These fees are clearly listed throughout the order process.
§ 4 Terms of payment; default
Payment may be made either by:
PayPal, Sofort Überweisung, Payment in Advance, Credit Card
If the payment type ‘Payment in advance’ is chosen, our account information is provided in the order confirmation. The payable amount shall be transferred promptly to our account. The product is only shipped once the payment has been received.
When paying by credit card, the purchasing price is blocked on the customer’s credit card at the point in time of the order (‘authorisation’). The actual charge occurs at a later time, once we have sent the product.
§ 5 Offsetting/ right of retention
1. Customers shall only have the right to set off counterclaims provided that these are legally valid, undisputed or acknowledged by us or stand in close connection to our demands.
2. The customer may only exercise his right to retention, if the counter-claim is based on the same contractual relationship.
§ 6 Delivery; retention of title
1. Unless differently agreed on, the goods will be shipped and delivered from our warehouse to the address specified by the customer.
2. The goods remain our property until the entire purchase price has been settled.
§ 7 Legal right of withdrawal/cancellation
1. Cancellation policy
The withdrawal right applies to all products with the exception of ‘personalised products’ and undergarments. The customer may withdraw from the contract statement in writing within 14 days without any reason (such as by letter, fax, email) or – if the matter occurs prior to the expiry of the deadline – also by returning the item.
The cancellation/withdrawal shall be addressed to:
COLOURS & CITIES GmbH
By phone: +49(0)511 – 219 314 25
By fax: +49(0)511 – 219 314 25
By email: firstname.lastname@example.org
2. Consequences of cancellation
If the customer cannot or only in part return or render the received services or usage (such as benefits of use) or only in a worse condition, the customer shall provide the value compensation. The customer must render a value compensation for the worsened state and for the utilised benefit, to the extent that the usage or worsening can be traced back to the handling of the item or matter, that goes beyond the mere examination of the properties and functioning. The concept of ‘examination of properties and functioning’ is to be understood as testing and sampling any product in a manner that is typical and possible in a retail shop. All labels, regardless whether sewed-on or additionally attached (e.g. hanging labels) may not be removed or detached. The customer shall bear the regular costs of the return shipment if the shipped item corresponds to the ordered product and if the price of the item to be returned does not exceed EUR 40 or, in the case of a higher price, the customer has not yet rendered the compensation or a contractually agreed partial payment at the time of cancellation/withdrawal. Otherwise, the return shipment is free of charge for the customer. Required refund payments must be rendered within 30 days. For the customer, the payment period starts with the sent cancellation notice or item, and it begins for us when these are received.
End of the cancellation policy
§ 8 Warranty
1. Unless something else has explicitly been agreed on, the warranty claims are covered by the statutory provisions of commercial and sales laws (§§ 433 ff. BGB).
2. Should defects occur, the customer has the choice between rectification through the shipping of a replacement product or subsequent improvement or repairs. We are authorised to deny a rectification to the customer, if this would be tied to disproportionally high costs. In that case, we reserve the right to find a different means of rectification.
3. The warranty only applies to such products that were ordered directly from the online shop. If the customer purchases COLOURS & CITIES products from a retailer, via another website or at a different sales point (retail outlet, other website and other sales points referred to as ‘third-party vendor’ in the following), then the customer shall claim possible entitlements from the respective third-party vendor.
§ 9 Copyright and commercial property rights
1. The entire content of the website www.coloursandcities.com / .com/en and www.designers.coloursandcities.com / .com/en, especially including the text, images, photos, animated images, recordings and possible software (‘content’ in the following), is the property of COLOURS & CITIES business group, its licensees or content providers. Reproductions, processing and any other editing of the content, including the use of the content, especially on platforms such as www.ebay.com are not permitted.
2. All trademarks on this website (especially brands, logos and emblems) are – unless otherwise specified– the trademark or registered trademark of the COLOURS & CITIES GmbH, its licensees or the licensor of the provider. Lacking prior written approval by COLOURS & CITIES, it is not permitted to copy, in full or in part, to change, republish, upload, send, transfer, distribute nor to use or reproduce these in any other way or form.
§ 10 Liability
1. Unlimited liability: We are liable without limitation for wilful or grossly negligent behaviour as well as is defined by the measures of product liability laws. In the case of minor negligence, we are liable for damages resulting in injury of life, body and health of a person.
2. Furthermore, the following limited liability applies: In the case of minor negligence, we are only liable in the case that an essential contractual duty was violated, whose compliance or fulfilment in the first place enables the proper execution of the contract and whose compliance the customer can rely on (cardinal obligation). The liability for minor negligence is limited in scope according to the foreseeable damages at contract conclusion, whose occurrence generally needs to be assumed. This limitation of liability also applies in favour of our vicarious agents.
§ 11 Personal data and data protection
1. Regarding the entry of information in the online shop, the customer ensures that he uses his true identity and that all information is true, accurate, current and complete at the time it is provided. The customer is required to correct his information if he/she notices that one or several transmitted data items are incorrect or no longer valid. If the customer violates these obligations according to § 11 para. 1. line 1, 2 of these terms, then the provider is not liable for any adverse consequence that may result from this, especially damages to the customer; Legal entitlements of the provider remain unaffected by this.
2. All personal data that is provided by the customer (such as title, name, address, email address) are exclusively collected, processed and saved by the provider according to the provisions of the German Data Protection Law.
§ 12 Final provisions
1. The German law is exclusively applicable, to the exclusion of UN sales law. If the customer is a consumer residing within the European Union, the laws of that country, in which his residence is registered, may potentially also apply, if matters of compelling consumer protection provisions are at stake.
2. If any one of the above provisions of the terms should be or become invalid, it does not affect the remaining provisions.
§ 13 Note on the EU platform for online dispute resolution (ODR platform)
The European Commission offers a platform for online dispute resolution (ODR) under the following link: http://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform to settle their disputes.