Terms of use
GENERAL TERMS AND CONDITIONS OF DRAMCLO.COM (ARMEN ARUTJUNJAN) FOR TRANSACTIONS WITH CONSUMERS
1. TERMS AND CONDITIONS; CONTRACTUAL PARTNERS
The following General Terms and Conditions (hereinafter "GTC") apply to all contracts for the purchase of goods in the online shop of DRAMCLO.COM, Marklandstr. 110, 42279 Wuppertal (hereinafter "DRAM", "we" or "us") - for example, accessible at www.dramclothing.com - by the customer. Deviating conditions of the customer do not become part of the contracts between the parties, even if DRAM does not expressly object to their validity. Contractual partners within the framework of the conclusion of the contract are exclusively DRAM (ARMEN ARUTJUNJAN) and the ordering customer. Our email address is: info@dramclothing.com
2. ORDERING BY THE CUSTOMER
Only of age individuals who place orders neither for their commercial nor for their self-employed professional activity and also not for that of a third party can place orders with us. Entrepreneurs within the meaning of § 14 BGB are not entitled to place orders. We expressly point out that we will not issue invoices within the meaning of § 14 UStG.
Furthermore, the customer confirms that he is an authorized user of the credit card or direct debit card or any other means of payment used for the order.
3. CONCLUSION OF CONTRACT
3.1 The presentation of products in the DRAM online shop does not constitute a legally binding offer but merely non-binding product advertisements. By ordering goods, the customer submits a binding offer to conclude a purchase contract. After placing the order, the customer will receive an email confirming the receipt of the order (hereinafter Order Confirmation). This order confirmation does not constitute acceptance of the offer; thus, no contract is concluded by this means. A purchase contract between DRAM and the customer is only concluded by further express order confirmation (acceptance of the offer by DRAM after checking the customer's data (creditworthiness and identity check and availability of the goods)) or by dispatch of the goods.
3.2 Delivery of goods is only made in household quantities.
4. DELIVERY CONDITIONS; SHIPPING COSTS; COSTS OF RETURN IN CASE OF REVOCATION
4.1 The delivery of goods is made to the delivery address specified by the customer by postal delivery after receipt of payment. Unfortunately, delivery to post office box addresses or packing stations is also not possible.
4.2 The shipping costs for deliveries are stated in the shipping cost overview in the online shop and are indicated to the customer in the order form.
4.3 In the event of exercising the legal right of withdrawal pursuant to Clause 6, the costs of return are to be borne by the customer.
5. PRICES AND PAYMENT METHODS
5.1 The prices stated in the online shop are final prices including statutory value-added tax plus any applicable shipping costs in accordance with the above clause 4.3. During the ordering process, the customer will receive an overview of the total price of the order before sending it.
5.2 The customer can make payment by credit card, PayPal, direct debit purchase, or purchase on account (depending on the outcome of the credit check by the third-party service provider). We reserve the right to not offer certain payment methods for each order and to refer to other payment methods.
6. RETENTION OF TITLE; SET-OFF; RIGHT OF RETENTION
6.1 We reserve the right to ownership of the purchased item until full payment of the invoice amount has been made.
6.1.1 You are only entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you are only entitled to exercise a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
6.1.2 If the customer is in default with any payment obligations to us, all existing claims become due immediately.
7. REVOCATION INSTRUCTION
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (DRAM, Armen Arutjunjan, Marklandstr. 110, 42279 Wuppertal, Tel +49 (0) 152 27275555, email info@dramclothing.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). For this purpose, the attached sample withdrawal form can be used.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the standard delivery offered by us, the least expensive standard delivery), without undue delay and in any event no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to:
DRAM, Armen Arutjunjan, Marklandstr. 110, 42279 Wuppertal
immediately and in any event no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties, and functionality of the goods.
Exclusion of the right of withdrawal:
Pursuant to § 312g (2) No. 3 BGB, the right of withdrawal does not apply, unless the parties have agreed otherwise, to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery. This includes hygiene articles that are sealed upon delivery and whose sealing has been removed after delivery.
//End of the withdrawal instruction//
8. EXCHANGE
Direct exchange of ordered goods is not possible.
If the customer wishes a different size or color of the ordered item, he can exercise his right of withdrawal, return the item, and then reorder it. The provisions of the revocation instruction clause 7 of our General Terms and Conditions apply.
9. WARRANTY
The warranty is based on the statutory provisions. Insofar as the products offered in the online shop are illustrated by images, these may depict not only the offered product but also other items (such as accessories and decorative elements). These items are not part of the product and are not the subject of the order. Furthermore, images may also depict product examples and not the specific product itself; in this case, the image is marked accordingly. The description of the products offered is always decisive for the quality of the products offered.
10. LIABILITY
10.1 In the event of intent or gross negligence, DRAM shall be liable without limitation for all damages attributable to and foreseeable therefrom.
10.2 In the event of slight negligence, DRAM shall be liable without limitation for injury to life, limb, or health, for warranted properties, for fraudulent deception, and in cases of legally prescribed liability. In the event of a slight negligent breach of essential obligations, liability is otherwise limited to the typically foreseeable damage. An essential obligation is one whose fulfillment is essential for the proper execution of the contract in the first place and on whose observance the customer may regularly rely. Furthermore, DRAM shall not be liable for material and financial damages caused by DRAM, its legal representatives, or vicarious agents in the event of slight negligence.
10.3 Insofar as liability of DRAM is excluded or limited pursuant to this clause 10, this also applies to the personal liability of employees, representatives, and vicarious agents.
10.4 The limitations of liability set forth above do not affect liability under the Product Liability Act.
11. APPLICABLE LAW
For all disputes arising in connection with the initiation, execution, or handling of the contractual relationship between the customer and DRAM, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention.
12. PROMOTIONAL VOUCHERS
Promotional vouchers cannot be purchased but are issued by DRAM as part of special advertising campaigns. Promotional vouchers are generally not redeemable retroactively, cannot be combined with other promotional vouchers, and do not apply to discounted goods (except for promotional vouchers specifically for reduced items, which are subject to separate regulations communicated in connection with the respective promotional voucher). Furthermore, a cash payment is excluded.
13. ONLINE DISPUTE RESOLUTION AND ALTERNATIVE DISPUTE RESOLUTION
13.1 The European Commission provides the following platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
As of: 02/2021
13.2 We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act (VSBG).
14. SEVERABILITY CLAUSE
If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected thereby. The same shall apply in the event of a gap.
_____________________________________________
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, you can use this form and send it back to us:
To:
DRAM
Armen Arutjunjan
Marklandstr. 110
42279 Wuppertal
Tel +49 (0) 152 27275555
Email info@dramclothing.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of communication on paper)
Date
(*) Delete as appropriate
1. TERMS AND CONDITIONS; CONTRACTUAL PARTNERS
The following General Terms and Conditions (hereinafter "GTC") apply to all contracts for the purchase of goods in the online shop of DRAMCLO.COM, Marklandstr. 110, 42279 Wuppertal (hereinafter "DRAM", "we" or "us") - for example, accessible at www.dramclothing.com - by the customer. Deviating conditions of the customer do not become part of the contracts between the parties, even if DRAM does not expressly object to their validity. Contractual partners within the framework of the conclusion of the contract are exclusively DRAM (ARMEN ARUTJUNJAN) and the ordering customer. Our email address is: info@dramclothing.com
2. ORDERING BY THE CUSTOMER
Only of age individuals who place orders neither for their commercial nor for their self-employed professional activity and also not for that of a third party can place orders with us. Entrepreneurs within the meaning of § 14 BGB are not entitled to place orders. We expressly point out that we will not issue invoices within the meaning of § 14 UStG.
Furthermore, the customer confirms that he is an authorized user of the credit card or direct debit card or any other means of payment used for the order.
3. CONCLUSION OF CONTRACT
3.1 The presentation of products in the DRAM online shop does not constitute a legally binding offer but merely non-binding product advertisements. By ordering goods, the customer submits a binding offer to conclude a purchase contract. After placing the order, the customer will receive an email confirming the receipt of the order (hereinafter Order Confirmation). This order confirmation does not constitute acceptance of the offer; thus, no contract is concluded by this means. A purchase contract between DRAM and the customer is only concluded by further express order confirmation (acceptance of the offer by DRAM after checking the customer's data (creditworthiness and identity check and availability of the goods)) or by dispatch of the goods.
3.2 Delivery of goods is only made in household quantities.
4. DELIVERY CONDITIONS; SHIPPING COSTS; COSTS OF RETURN IN CASE OF REVOCATION
4.1 The delivery of goods is made to the delivery address specified by the customer by postal delivery after receipt of payment. Unfortunately, delivery to post office box addresses or packing stations is also not possible.
4.2 The shipping costs for deliveries are stated in the shipping cost overview in the online shop and are indicated to the customer in the order form.
4.3 In the event of exercising the legal right of withdrawal pursuant to Clause 6, the costs of return are to be borne by the customer.
5. PRICES AND PAYMENT METHODS
5.1 The prices stated in the online shop are final prices including statutory value-added tax plus any applicable shipping costs in accordance with the above clause 4.3. During the ordering process, the customer will receive an overview of the total price of the order before sending it.
5.2 The customer can make payment by credit card, PayPal, direct debit purchase, or purchase on account (depending on the outcome of the credit check by the third-party service provider). We reserve the right to not offer certain payment methods for each order and to refer to other payment methods.
6. RETENTION OF TITLE; SET-OFF; RIGHT OF RETENTION
6.1 We reserve the right to ownership of the purchased item until full payment of the invoice amount has been made.
6.1.1 You are only entitled to set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you are only entitled to exercise a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
6.1.2 If the customer is in default with any payment obligations to us, all existing claims become due immediately.
7. REVOCATION INSTRUCTION
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (DRAM, Armen Arutjunjan, Marklandstr. 110, 42279 Wuppertal, Tel +49 (0) 152 27275555, email info@dramclothing.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). For this purpose, the attached sample withdrawal form can be used.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the standard delivery offered by us, the least expensive standard delivery), without undue delay and in any event no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to:
DRAM, Armen Arutjunjan, Marklandstr. 110, 42279 Wuppertal
immediately and in any event no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties, and functionality of the goods.
Exclusion of the right of withdrawal:
Pursuant to § 312g (2) No. 3 BGB, the right of withdrawal does not apply, unless the parties have agreed otherwise, to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery. This includes hygiene articles that are sealed upon delivery and whose sealing has been removed after delivery.
//End of the withdrawal instruction//
8. EXCHANGE
Direct exchange of ordered goods is not possible.
If the customer wishes a different size or color of the ordered item, he can exercise his right of withdrawal, return the item, and then reorder it. The provisions of the revocation instruction clause 7 of our General Terms and Conditions apply.
9. WARRANTY
The warranty is based on the statutory provisions. Insofar as the products offered in the online shop are illustrated by images, these may depict not only the offered product but also other items (such as accessories and decorative elements). These items are not part of the product and are not the subject of the order. Furthermore, images may also depict product examples and not the specific product itself; in this case, the image is marked accordingly. The description of the products offered is always decisive for the quality of the products offered.
10. LIABILITY
10.1 In the event of intent or gross negligence, DRAM shall be liable without limitation for all damages attributable to and foreseeable therefrom.
10.2 In the event of slight negligence, DRAM shall be liable without limitation for injury to life, limb, or health, for warranted properties, for fraudulent deception, and in cases of legally prescribed liability. In the event of a slight negligent breach of essential obligations, liability is otherwise limited to the typically foreseeable damage. An essential obligation is one whose fulfillment is essential for the proper execution of the contract in the first place and on whose observance the customer may regularly rely. Furthermore, DRAM shall not be liable for material and financial damages caused by DRAM, its legal representatives, or vicarious agents in the event of slight negligence.
10.3 Insofar as liability of DRAM is excluded or limited pursuant to this clause 10, this also applies to the personal liability of employees, representatives, and vicarious agents.
10.4 The limitations of liability set forth above do not affect liability under the Product Liability Act.
11. APPLICABLE LAW
For all disputes arising in connection with the initiation, execution, or handling of the contractual relationship between the customer and DRAM, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Sales Convention.
12. PROMOTIONAL VOUCHERS
Promotional vouchers cannot be purchased but are issued by DRAM as part of special advertising campaigns. Promotional vouchers are generally not redeemable retroactively, cannot be combined with other promotional vouchers, and do not apply to discounted goods (except for promotional vouchers specifically for reduced items, which are subject to separate regulations communicated in connection with the respective promotional voucher). Furthermore, a cash payment is excluded.
13. ONLINE DISPUTE RESOLUTION AND ALTERNATIVE DISPUTE RESOLUTION
13.1 The European Commission provides the following platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
As of: 02/2021
13.2 We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board pursuant to the Consumer Dispute Resolution Act (VSBG).
14. SEVERABILITY CLAUSE
If individual provisions of this contract are or become invalid, the validity of the remaining provisions shall not be affected thereby. The same shall apply in the event of a gap.
_____________________________________________
SAMPLE WITHDRAWAL FORM
(If you wish to withdraw from the contract, you can use this form and send it back to us:
To:
DRAM
Armen Arutjunjan
Marklandstr. 110
42279 Wuppertal
Tel +49 (0) 152 27275555
Email info@dramclothing.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of communication on paper)
Date
(*) Delete as appropriate