Terms and Conditions (”Ts&Cs“)
Valid from 14/09/2011
These General Terms and Conditions (“Ts&Cs“) apply to purchase contracts made between
Blacksquared GmbH (further the “Vendor“)
Bleibtreustrasse 53, 10623 Berlin,
Chief executive: Markus Schulz
Berlin-Charlottenburg Local Court HRB (Company No.) 140457 B
Tel.: +49 30 521 39 29 20
Fax: +49 (30) 521 39 29 39
the Customer described in Clause 2 (further the “Customer“)
in the Changers webshop accessible via www.changers.com.
1. Scope of application, definitions, language of the contract
1.1 The commercial relationship between the webshop vendor (“Vendor“) and the customer (“Customer“) shall be governed exclusively by the current version of the following General Terms and Conditions at the time of the order. Any contrary conditions imposed by the Customer shall not be accepted unless the Vendor expressly agrees in writing to their application.
1.2 The Customer is a consumer unless the purpose of the ordered supplies and services can be attributed to his commercial or independent professional activity. Any person or legal entity or partnership with legal capacity acting at the conclusion of the Contract in the performance of its commercial or independent professional activity is a contractor.
1.3 The language of the Contract is English.
2. Entry into a contract
2.1 The Vendor and contractual partner for all orders is Changers GmbH, Bleibtreustrasse 53, 10623 Berlin, represented by chief executive Markus Schulz and registered with the Berlin-Charlottenburg local court under company registration number 124466 B.
2.2 The inclusion of the goods in the Changers shop shall not be a binding offer on the part of the Vendor. It is an invitation to the Customer to extend a binding offer.
2.3 The Customer may choose from the products advertised in the Changers webshop, and by clicking on “Move to basket” place them in a so-called shopping basket. By clicking on “Proceed to checkout” he makes a binding offer to purchase the goods located in the shopping basket. Prior to “proceeding to checkout” the Customer is able at any time to amend and view the data. The offer can, however, only be submitted and transferred if the Customer, by clicking on “Accept Ts&Cs”, has accepted these contractual terms and conditions and thereby recorded his offer to enter into a contract.
2.4 The Vendor then sends the Customer an automatic confirmation of receipt by e-mail, setting out a copy of the Customer's order. The Customer is able to print this confirmation of receipt by clicking the “Print“ function on his e-mail programme or can use his e-mail programme to save it. The automatic confirmation of receipt thus simply documents the fact that the Customer's order has reached the Vendor. It therefore does not represent an acceptance of the Customer's offer.
2.5 The Contract between the Vendor and the Customer only arises if the Vendor sends the Customer a specific order confirmation within three working days of the order or dispatches the ordered goods to the Customer.
3. Delivery, availability of goods
3.1 If at the time of the Customer's order there are no available samples of the products he has selected then the Vendor shall immediately notify the Customer of the same in the order confirmation. If the product is not deliverable in the long term the Vendor shall refrain from providing an acceptance declaration. In that case no contract is entered into.
3.2 Similarly, where the product indicated in the order is only temporarily unavailable the Vendor shall immediately notify the Customer of the same in the order confirmation. In case of a delivery delay of over two weeks the Customer has the right to cancel the Contract. In such case the Vendor is also entitled to release itself from the Contract. At the same time the Vendor shall refund any payments already made by the Customer without delay.
4. Prices and payment terms
4.1 The pricing information in the Changers shop shows the final prices and includes all price components including applicable taxes (e.g. VAT).
4.2 The delivery and postage charges in addition to the price of the goods are listed separately during the order process.
4.3 Subject to the conditions listed below, the Customer has the option to pay for the goods and delivery either by PayPal or by credit card (VISA, Mastercard and American Express).
4.4 In addition to the final price and the delivery and postage charges the Customer shall bear the fees charged by the transport company used by the Vendor where these are charged on the basis of cash on delivery.
4.5 No purchase by instalment or on trial is possible. This shall be without prejudice to the legal right of cancellation.
4.6 Payment of the purchase price falls due as soon as the Contract is entered into. Where the due date for payment is determined with reference to the calendar the Customer shall be in arrears immediately upon missing the deadline. In such case he shall pay the Vendor late payment interest of 5 percentage points above the base rate.
4.7 The Customer's obligation to pay late payment interest shall not exclude further claims by the Vendor for damages as a result of late payment.
5. Delivery, transfer of risk, retention of title
5.1 Goods are delivered via the shipping route to the delivery address provided by the Customer.
5.2 The Vendor shall carry out shipment of the goods purchased as a rule within 24 hours but no later than within five working days of receipt of payment.
5.3 Where the Customer pays by credit card, the Vendor shall trigger payment on the day the goods are sent unless special notice has been given of earlier payment (“pre-order“).
5.4 The delivery of the goods occurs at the Vendor's risk. The risk of accidental loss and of accidental damage to the goods passes upon transfer of the goods to the Customer; the same shall apply in the case of sale by dispatch.
5.5 The goods remain the property of the Vendor until payment in full of the purchase price.
6. Warranty, guarantee
6.1 The Vendor requests that the Customer make an immediate complaint in case of obvious defects in the material of the goods or of manufacturing defects, which shall include damage during transportation. Where the Customer does not complain immediately this shall not affect the Customer's statutory claims.
6.2 For all defects in the purchase item arising during the statutory warranty period the statutory claims for supplementary performance, removal of defects/redelivery as well as, where the statutory preconditions are met, further claims for price reduction or rescission and, additionally, for damages, including compensation for loss in place of performance and compensation for the Customer's wasted expenditure, shall apply at the Customer's option. The warranty obligation applicable to items delivered by the Vendor shall extend for 12 months in relation to contractors.
6.3 An additional guarantee exists in the case of goods delivered by the Vendor only if expressly provided in the order confirmation for the relevant article.
7. Cancellation Instructions
7.1 Right of cancellation
You may in writing (e.g. letter, fax and e-mail) cancel your declaration that a contract has been entered into within 14 days without giving reasons or, where the item is surrendered to you before expiry of the deadline, by returning the item. The relevant period commences upon receipt of such declaration in writing, but not before the goods reach the recipient (in the case of repeat deliveries of similar goods not before the arrival of the first delivery instalment) and also not before performance of our information obligations under Article 246 § 2 in conjunction with § 1 Paras. 1 and 2 of the Introductory Act to the German Civil Code as well as our obligations under Article 246 § 3 of the Introductory Act to the German Civil Code in conjunction with § 3 of the German Civil Code Ordinance on the Duty to Provide Information to Consumer. For compliance with the cancellation deadline it is sufficient to send the cancellation or the item on time.
The cancellation shall be addressed to:
Blacksquared GmbH “Retour”
Fax: +49 30 521 39 29 39
The right of cancellation does not exist in the case of goods which have been manufactured in line with your particular wishes or are clearly custom-made or which, given their nature, are not suitable for return.
7.2 Consequences of cancellation
Where cancellation is effective the performance given by both sides is to be returned and where relevant the emoluments collected by us (e.g. interest) to be surrendered. Where you are unable either wholly or in part to return the performance received from us you must provide compensation to the relevant extent. This does not apply in the case of the surrender of items where the damage to the item is attributable solely to the testing of the same, as would be available to you at a shop. Otherwise you may avoid the compensation obligation for damage occurring during the use of the item in accordance with its purpose by not treating the item as your property and refraining from doing anything affecting its value. Items which can be sent as packages are to be returned at our risk. You bear the cost of returning the items if the goods delivered to you match those ordered and if the price of the item to be returned does not exceed EUR 40 or if, in the case of a higher price for the item, at the time of cancellation you had not yet carried out counter-performance or a contractually agreed part-payment. Otherwise, returns are free of charge to you. Items not capable of being sent as packages will be collected from you. Payment reimbursement obligations shall be met within 30 days. The relevant period commences in your case upon the sending of your notice of cancellation or of the item, and in our case with receipt of the same.
7.3 Allocation of costs
Where you use your right of cancellation you bear the normal costs of returning the items if the goods delivered to you match those ordered and if the price of the item to be returned does not exceed EUR 40 or if, in the case of a higher price for the item, at the time of cancellation you had not yet carried out counter-performance or a contractually agreed part-payment. Otherwise, returns are free of charge to you.
End of cancellation instructions
8.1 Claims by Customers for damages are excluded. Exceptions to this are Customers' damages claims for loss of life, personal injury, harm to health or breach of material contractual obligations as well as liability for other damage consisting of a deliberate or grossly negligent breach of obligation by the Vendor, its legal representatives or agents. Material contractual obligations are those whose performance is necessary to achieve the purpose of the Contract.
8.2 In case of a breach of material contractual obligations the Vendor shall be liable only for foreseeable damages typical of such a contract if this was caused by simple negligence unless the Customer's damages claims result from loss of life, personal injury or harm to health.
8.3 The restrictions in paragraphs 1 and 2 shall apply for the benefit of the legal representatives and agents of the Vendor if claims are made directly against the same
8.4 This is without prejudice to the provisions of the Product Liability Act.
9. Data protection
9.1 The Vendor gathers Customer data in the context of executing contracts. Personal data shared by the Customer voluntarily in the context of his order shall be applied exclusively in compliance with the standards of the German Federal Data Protection Act (“BDSG“) and of the German Telemedia Act (“TMG“). Without the Customer's consent the Vendor shall only gather the Customer's inventory and usage data and process or use this to the extent necessary for the execution of the contractual relationship and the application and billing of telemedia. The data will therefore be passed on to the shipping company tasked with delivery and, where necessary, to the credit institution tasked with arranging payment.
9.3 Questions relating to the gathering, processing or use of personal data, to information, corrections, blocking or deletion of data as well as to the withdrawal of consents given may be addressed to the Operator at the address given in the website legal notice.
10. Battery information
10.1 Used batteries can be returned to the Vendor. Customers in Germany are legally required to return used batteries. The crossed out trash bin symbol on a battery indicates that batteries must not be thrown away with household garbage.