I Information on distance selling and the conclusion of contracts in electronic commerce
§1 Contractual partner
The following contractual conditions apply to all contracts concluded via the online shop at the URL http://www.archersstyle.com between
Sven Zöllner - Achers Style Clothing Company
D - 74182 Obersulm
Owner: Sven Zöllner
and the customer.
Customers in the sense of these GTC are exclusively consumers. A consumer isany natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his independent professional activity .
The relations between the contracting parties shall be governed by the law applicable in the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
§2 Conclusion of the contract in electronic business transactions
The products and services listed in the online shop do not constitute binding offers by Archers Style. Rather, they are an invitation to the customer tosubmit a binding offer by placing an order .
As soon as we have received your order, you will receive an automatically generated e-mail confirming that we have received your order and containing its details. We will then check theavailability of the items you have ordered. If one or more items are not available, we will not accept your offer in this respect and you will receive a corresponding notification by e-mail. The contract with the customer is only concluded with the express acceptance of the order by Archers Style. Archers Style doesnot assume any procurement risk and reserves the right to release itself from the obligation to fulfil thecontract inthe event of incorrect or improper self-delivery by suppliers .The responsibility of Archers Style for intent or negligence in accordance with theliability regulations in accordance with point II 9. of these GTC remains unaffected by this. In the event of non-availability or only partial availability of the service, Archers Style will inform the customer immediately; in the event of withdrawal, the consideration will be returned to the customer immediately .
For technical reasons, we are unfortunately unable to accept orders by telephone, fax, letter or e-mail. We only accept orders placed via our online shop .
§3 Information about your right of withdrawal
Consumers are entitled to a right of revocation in accordance with § 355 BGB (German Civil Code) in the case of distance selling contracts. As a consumer, you therefore have the right to revoke your contractual declaration in accordance with the following revocation instructions :
Cancellation policy / Right of cancellation
You have the right to revoke this contract within 14 days without giving any reason.
The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you mustinform us (Sven Zöllner - Archers Style Clothing Company, Maybachstraße 3/1 in 74182 Obersulm; Tel. +497130/4019062 ; E-Mail info [at] archersstyle.com.com) by means of a clear declaration (e.g. a letter sent by post ,fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory .
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the factthat you have chosen a type of delivery other than the cheapest standard delivery offered by us ), without delay and at the latest within 14 days from the day on which wereceived the notification of your withdrawal from 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 any fees because of this repayment .We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods , whichever is theearlier .
You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract .The deadline shall be deemed to have been met if you send off thegoods before the 14-day period has expired .You shall bear the direct costs of returning the goods. If the goodscannot be returned bynormal post due to their nature , thecosts shall beestimated at a maximum of approximately 10.00 euros .
You will 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 checking the condition, properties and functioning of the goods .
Non-existence or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to thepersonal needs of the consumer.
Annex: Model for the withdrawal form
according to Annex 2 to Art. 246a § 1 para. 2 sentence 1 no. 1 and § 2 para. 2 no. 2 Introductory Act to the German Civil Code (EGBGB)
(If you wish to revoke the contract, please fill in and return this form ) .
Sven Zöllner - Archers Style Clothing Company
Maybach Street 3/1
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 the consumer(s) (only in case of paper communication)
(*) Delete as applicable.
For an easy cancellation process, please feel free to contact our support team:
Prior coordination of the return shipment via the e-mail address stated in the cancellation policy makes it easier for Archers Style to allocate the shipment. Archers Style also points out that prior coordination is not an effective prerequisite for exercising the right of cancellation .
§4 Voluntary right of return
We do not offer an extended voluntary right of return beyond the 14-day statutory right of revocation.
II General Terms and Conditions (GTC) of the Archers Style Clothing Company (as at: October 2020 )
The following terms and conditions apply to all orders placed via the website www.archersstyle.com. The terms and conditions valid at the time of the order shall apply in each case.
§1 Prices; delivery and shipping costs
Our prices include the statutory value added tax valid at the time of the order. In the case of cross-border delivery, further taxes (e.g. in the case of an intra-Community purchase) and/or duties (e.g. customs duties) may be payable by the customer in individual cases .The shipping costs shall be borne by the customer. The prices you see forthe items in your shopping cart are identical to those on the current product information page on the Website. We will chargethe price that was listed on the Website atthe time you placed your order .The order will be placed at the current daily price. Please note that we are not bound by any incorrect price. Your order does not constitute a contract of sale .
Products that are not available are not displayed in the online shop or are noted as " sold out". If you have ordered a product that is no longer available due to an error , you will be informed of this by e-mail immediately after the error has been discovered .
Archers Style accepts the payment methods listed on the website and offered for selection by the customer. The customer selects his or her preferred method of payment from among thepayment methods available.
Archers Style PayPal Europe reserves the right to exclude certain payment methods in individual cases. Whether the payment methods direct debit, credit card and purchase on account offered by PayPal Europe areactivated for the customer after a short check is not subject to the influence of Archers Style. Payment by sending cash or cheques is not possible. Archers Style excludes liability in case of loss. Bank charges may apply fortransfers fromabroad, which are to be borne by the customer .
Payment of the order must be made within 14 days of receipt of the order confirmation . Archers Style reserves the right to cancel the reservation of the ordered items for orders without registered receipt of payment after setting a further written deadline of 14 days . Excludedfrom this are orders with the purchase on account offered by PayPal Plus. PayPal Europe grants the customer a payment term of 30 days after the order has been placed.
§4 Terms of delivery
The delivery times are shown on the product page or under shipping times & costs. The information refers to immediate payment during or immediately after placing the order. Articles will only be dispatchedafter registration of the receipt of payment .
Delivery will be made to the delivery address provided by the customer. You will be informed about the shipment by e-mail. Dispatch route and means are left to our choice. The shipment iscurrently carried out by the company DHL. If a shipment cannot be delivered due to incorrect information in thedelivery address or if it returns because it was not accepted or collected by the recipient , Archers Style reserves the right toclaim the additional shipping costs incurred by thereshipment fromthe purchaser.
The risk of accidental loss of the ordered goods passes to the orderer as soon as the goods are handed over to him (§ 446 p. 1 BGB) or if he is in default of acceptance (§ 300 para. 2 BGB).
§5 Acceptance of the goods
We use the company DHL to ship your order. If a delivery of goods should ever arrive damaged, we would like to ask you to do the following: If possible, report the damaged goods directly to the employee of the shipping service provider and document the degree and extent of the damage. Otherwise, it isalmost impossible to settle the claim if the contents of the parcel are damaged. You may refuse to accept damaged goods.
Any rights and claims of the customer - especially the legal rights of the buyer in case of defects of the (purchase) item - remain unaffected by the above regulations .Therefore, they do not include any exclusion period for the customer's rights pursuant to Clause II 8. of these GTC.
§6 Retention of title
We retain title to all goods delivered by us until payment has been made in full. In order to enforce our retention of title, we are entitled to demand the immediate surrender of the goods subject to retention of title to the exclusion of any right of retention, unless it is a question of a defect in the goods.
right of retention, unless the counterclaims are legally established or undisputed.
§7 Force majeure
In the event that we are unable to provide the service owed due to force majeure (in particular natural disasters), we shall be released from the obligation to perform for the duration of the hindrance .If the execution of the order or delivery of the goods is impossible for us forlonger than one month due to force majeure, you are entitled to withdraw from the contract.
When purchasing goods, you are entitled to statutory warranty rights for the goods. As a customer, you therefore have the right to assert warranty rights in the event of defects in the goods, subject to thefollowing provisions.
We are not the manufacturer of the goods delivered by us. In the event of claims under the Product Liability Act, we will contact the manufacturer in your interest .For this purpose, please report any complaints to us by sending an email to email@example.com.
The warranty of Archers Style is otherwise governed by the following paragraphs . As a matter of principle, Archers Style does not give any guarantees of its own; the mere presentation of the articles in the online shop is therefore to beregardedas a pure description of performance .
There is no warranty for damage caused by improper handling or use of the goods by the customer . The same applies to so-called deliberate wear and tear.
If the purchased item is defective, the customer shall be entitled tosubsequent performance if and to the extent that the prerequisites of the statutory provisions on rights in the event of defects are met.
In the context of supplementary performance, consumers have the choice as to whether the supplementary performance is to be carried out either by rectification of the defect or by replacement delivery. However, Archers Style is entitled to refuse the chosen type of supplementary performance if this is only possible at disproportionate cost and the other type of supplementary performance is without significant disadvantages for the consumer.
If it is necessary to return the defective purchased item, Archers Style will bear the costs of the return shipment by means of a return label provided, with the exception of complaints from Switzerland or if otherwise agreed in advance. In this case, the returncosts will be refunded by presenting a receipt by e-mail. Archers Style reserves the right not to refund any return costs incurred if thereturn label provided has not been used, no receipt for the return has been provided or no prior agreement has been made.
The limitation period for a consumer's rights in the event of defects is 2 (two) years from delivery of the goods to the customer. The aforementioned relief from the statute of limitations shall not apply insofar as Archers Style is liable pursuant to Clause II 9. of these Terms and Conditions or the right in rem ofa third party is at issue on the basis of which the surrender of the delivery item can bedemanded .
The dispatch of the notice of defects shall be sufficient to comply with the time limit. Pursuant to Regulation (EU) No. 524/2013, the European Commission provides aEuropean platform for the settlement of disputes between consumers residing in the EuropeanUnion andtraders established in the European Union arising from the online sale of goods or the online provision of services via an interactive website that can be accessed electronically in all official languages of the institutions of the European Union(so-called ODR platform / URL:http://ec.europa.eu/consumers/odr/ ) . In orderto file a complaint on this so-called ODR platform , consumers have to fill in an electronic complaint form. The individual information that is mandatory to provide when submitting a complaint islisted in the Annex to Regulation (EU) No. 524/2013.
In accordance with the statutory provisions, Archers Style shall be liablewithout limitation for damages resulting from injury to life, body or health caused by a negligent or intentional breach of duty and for other damages caused by a grossly negligent or intentional breach of duty as well as fraudulent intent.
In addition, Archers Style shall be liable without limitation for damages covered by liability under mandatory statutory provisions, such as the Product Liability Act ,or if and to the extent that a guarantee for a quality of the item or for theitem retaining a certain quality for a certain period of time hasbeen assumed by Archers Style .
Archers Style is liable for damage caused by simple or slight negligence insofar as this negligence concerns the breach of such contractual obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely (so-called cardinal obligations). In this respect, the liability of Archers Style shall be limited to the foreseeable damagetypical for the contract.
In the case of slightly negligent breaches of such contractual obligations that are not covered by the above paragraph (so-called non-essential contractual obligations), Archers Style is liable to consumers - but this is limited to the foreseeable, contract-typical damage.
Any further liability is excluded - regardless of the legal nature of the asserted claim.
§10 Contract language/storage of the contract text
The contract language is German.
The text of the contract is not stored by us and cannot be retrieved after the order process has been completed. However, you canprint out your order data immediately after submittingthe order.
§11 Final provisions
Place of performance and jurisdiction in business transactions with companies and legal entities of the registered office of Sven Zöllner - Achers Style Clothing Company. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this. Thelaw of the Federal Republic of Germany shallapply tothis contract to theexclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.