Terms and Conditions
General, Customers, Language
Strelitzer Straße 50
10115 Berlin - Germany
- All sales contracts, deliveries, offers, and services made between Cammello Maculato GmbH, hereinafter “Seller”, and its customers (each, a „Customer“) shall be governed by these General Terms and Conditions of sale (hereinafter referred to as: GTC). This includes any order on our onlineshop www.cammello-maculato.com (hereinafter referred to as: „website-shop“). The General Terms and Conditions are part of all of our purchase contracts with our customers in relation to all goods / services offered by us.
- The product offerings on the website-shop are directed to both consumers and business customers, as defined in the German Civil Code, but in each case only to final consumers.
- Standard business conditions of our business customer do not apply, regardless of whether or not we expressly object to them in a particular case.
- Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website ordering process. Therefore, if the order is made on our German or English website, exclusively the suitable language version of the General Terms and Conditions shall be relevant.
- Our offerings published on www.cammello-maculato.com are non-binding. All offers and prices contained in brochures and other advertising material are without engagement.
- By placing an order in the website-shop, which requires prior registration and acceptance of these General Terms and Conditions, the Customer makes a binding offer to purchase the chosen product/s. The offer shall remain valid and binding for a period ending on the end of the fourteenth day following the day of the offer.
- We will send a confirmation of receipt to the Customer onto the order by email, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (also possible by email) acceptance of the order within the acceptance period or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
Right of revocation and cancellation
- Every Customer who is regarded as a Consumer according to § 13 of the German Civil Code shall be entitled to revoke the contractual offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process and sent via email.
- The right of revocation and cancellation shall be declared within 14 days without giving reason in text form (e.g. letter, fax or email) or if the product is delivered prior to the time limit of the revocation period by sending the product back. The deadline begins after receipt of this instruction in text form (e.g. letter, fax or email) and the receipt of the goods by the recipient and after we have fulfilled our information obligations according to Article 246 Sec. 2 in connection with Sec. 1 para. 1 and 2 Introductory Act of the German Civil Code and our obligations according to Sec. 312 g para. 1 sentence 1 German Civil Code in connection with Article 246 Sec. 3 Introductory Act of the German Civil Code. To preserve the revocation period it is sufficient for the Customer to send the article off in time.
- Due to the characteristics of our products as lingerie fashion it must be seen as a hygiene product. Thereby in the context of statutory regulations the goods are included in the right of revocation only, if it is not unsuitable for further marketable uses. As far as the compliance of the usual care and attention while inspecting the characteristics of the product and its functionality equivalent to a dress fitting in a store by the Customer (in example on other undergarments or comparable effective measures) is not maintained and as a result of this the good becomes dirty or gets contaminated in a similar way (through body fluids, makeup, etc.), a lack of marketability occurs and the right of withdrawal is therefore excluded. Furthermore, there is no right of withdrawal in distance contract for the supply of goods which were manufactured according to Customer specifications or clearly tailored to personal needs of the Customer.
- A valid revocation has the effect to return the services both parties received and the issuance of any benefit obtained. As far as the Customer is unable to reimburse either in total or partially or only in deteriorated state the services received, the Customer is required to offer a compensation of equal value. For the deterioration and benefits derived the Customer must pay compensation only, if the benefits or the deterioration can be attributed to a treatment with the good beyond an inspection of the characteristics of the product as it would be possible and usual in a retail store. In other respects the Customer can avoid the obligation to compensate for deterioration due to the utilization of the product as intended by not using the goods as if they were your property and by refraining from doing anything that could affect their value.
- The Customer shall bear return shipment costs in the event that the good delivered is as ordered and the price of the returned good does not exceed 40.00 Euro, or if in case of a higher value of the product the Customer has at the time of the revocation not rendered the consideration or any contractually agreed partial payment. Otherwise the return is free of charge for the Customer. Obligations for the refunding of payments must be met within 30 days. The period begins with the transmission of the Customers statement of revocation or the dispatch of the good, for us with their reception.
- In addition the statutory requirements for revocation shall apply. The goods shall be returned at the risk of Cammello Maculato GmbH to the address:
Strelitzer Straße 50
10115 Berlin - Germany
Retention of Title and Resale
- We retain legal title to any product supplied by us until the purchase price (including VAT, shipping and other additional costs) for such product has been fully paid.
- The Customer shall not be entitled to resell the products delivered by us which are under retention of title or otherwise dispose of ownership to the merchandise, except with our prior written consent. If third parties take hold of goods under retention of title, such as by court bailiffs, the customer shall be obligated to inform of our property and notify us immediately so that we will be able to assert our rights of ownership.
- The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 25%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.
- In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us within a period of seven business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
- If the remedy pursuant to Section VIII (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section IX of these General Terms and Conditions.
- With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us in case of any obvious defects within a period of one business day upon delivery or otherwise within three business days from the day the defect has been identified.
- Our liability for negligence (other than for gross negligence) resulting from late delivery shall be limited to an amount equal to 10% of the aggregate purchase price (including VAT). For the negligent breach of obligations, other than named in this Section, liability is hereby excluded. The above liability standards also apply to legal representatives, employees and agents of Cammello Maculato GmbH.
- We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
- The provisions of this Section IX shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
- Any contracts entered into between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
- If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (“Kaufmann” within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Berlin (Germany) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.