Terms of service
Made-to-measure clothing Christian Weilert, Inh. Anuschka Schielin, Klosterstr. 47, 40211 Düsseldorf, E-Mail: email@example.com, Tel .: +49 160 310 311 0, hereinafter referred to as “MCW”, offers made-to-measure clothing and individual on-site advice for people with a tight schedule and a flair for the finer things Fashion on. The following general terms and conditions (hereinafter “GTC”) regulate the legal relationship between MCW and its customers.
§ 1 Scope, contract language, general
(1) These terms and conditions regulate the contractual relationship between MCW and the customer regarding the services offered by MCW. All offers and services in connection with the contractual relationship are subject to these terms and conditions in the relationship between MCW and the customer. The customer's terms and conditions do not apply, even if MCW does not separately contradict their validity in individual cases and / or provides services without reservation in the knowledge of the customer's conflicting terms and conditions.
(2) in individual casesffEne, individual agreements with the customer (including side agreements, additions and changes) always take precedence over these terms and conditions. A contract or confirmation by MCW in text form (e.g. letter, email, fax) is decisive for the content of such agreements, subject to counter-evidence.
(3) Changes or additions to this contract as well as legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, withdrawal or reduction) must be in text form. This also includes a change or cancellation of this text form clause, unless the customer can prove that the parties have consciously orally waived this clause with knowledge of the text form agreement. Statutory formal requirements and further evidence, especially in the case of doubts about the legitimacy of the declaring party, remain unaffected.
(4) These GTC apply in the version last communicated to the customer before the conclusion of the contract.
(5) The contract language is German.
§ 2 Contractual Partner, Subject of Contract, Conclusion of Contract
(1) Your contractual partner is:
Made-to-measure clothing by Christian Weilert, owner Anuschka Schielin Klosterstrasse 47,
(2) The subject of the contract is the manufacture and delivery of garments made according to the customer's body measurements and individual wishes (hereinafter also "goods"). Furthermore, MCW's contractual service regularly includes individual advice to the customer at a location specified by the customer.
(3) MCW's offers are subject to change and non-binding and require MCW's confirmation of acceptance to be legally effective. Any presentation documents provided by MCW such as illustrations, drawings, dimensions and other performance data are only approximate and do not constitute a guaranteed purchaseffCharacteristics, but only descriptions or identifications of the subject matter of the contract. Only the placing of the order by the customer constitutes a binding offer by the customer to conclude the contract. The customer’s offer must be submitted in text form using an order form provided for this purpose. This offer from the customer can be accepted by MCW in the form of an order confirmation in text form or implicitly through the provision of services.
(4) The order confirmation from MCW is decisive for the scope of the order. If there is no order confirmation in individual cases (3), the scope of the order must be determined by interpreting the offer.
(5) The advice provided by MCW as part of the provision of services is, in case of doubt, as a free service i.S. of § 611 BGB of MCW.
§ 3 Obligations and duties of cooperation of the customer
(1) In order to ensure the individual design wishes requested by the customer and an optimal fit, it is the responsibility of the customer to inform MCW about the area of application of the garment when taking measurements and to communicate special design requests.
(2) The customer is obliged to check the articles, shapes and special requests noted in the order form and / or the order confirmation and to notify errors in the collection of this data promptly. Once an order confirmation has been issued, it is no longer possible to cancel after the start of production.
§ 4 principles of service provision
(1) Unless otherwise agreed between the parties, MCW is responsible for determining the type of execution of orders and the details of the performance of tasks. MCW will observe the customer's specifications and always provide the services with professional quality work - handcrafted.
(2) One between the customer and MCW about the usual procurementffObligation to pay costs beyond the unity of the services requires an express agreement in text form.
(3) MCW is authorized to use its own employees or independent third parties to perform the contractually owed services, provided they are technically qualified for the respective services.
(4) If the subject of the order is a divisible service, MCW is entitled to provide partial services that can be billed separately. The customer's right to withdraw from the entire contract due to a failure to deliver in part remains unaffected.
(5) Execution goals that are agreed between MCW and the customer, unless expressly deviating from stipulations, serve only as guidelines and are therefore non-binding. These goals (such as dates) are extended in the event of delays through no fault of their own by the period appropriate to remove the obstacle to performance.
(6) In the event of default in acceptance or the breach of other obligations to cooperate on the part of the customer, MCW is entitled to store embodied work at the customer's risk and expense.
§ 5 prices and terms of payment
(1) The prices stated by MCW are final prices in EURO (€) including the respective statutory sales tax and other price components.
(2) Since the ordered items of clothing are manufactured on the basis of the customer's individual body measurements and design requirements, MCW generally charges a down payment upon conclusion of the contract 50% of the total price. If there is a factual reason (e.g. a first order), MCW reserves the right to provide the contractual service only against prepayment after the conclusion of the contract.
(3) Invoice amounts are to be paid within 7 days without any deduction. The receipt of the payment at MCW is decisive.
(4) If the customer defaults on a payment, he is obliged to pay the statutory default interest (§ 288 BGB).
§ 6 delivery
The goods are generally delivered personally to a location within Germany specified by the customer. However, at the express request of the customer, delivery of the goods can also be agreed. In the case of a separate shipping order, the shipping costs incurred will be charged separately.
§ 7 travel expenses / travel expenses
MCW is entitled to invoice the customer for the following travel expenses:
- Car travel costs are charged at EUR 0.45 per kilometer
- Rail travel costs will be passed on according to expenditure.
Minimum standard: first class DB with seat reservation
- Flight costs will be passed on according to expenditure. Minimum standard for international flights: Premium Economy or Business Class, depending on
- Taxi costs are passed on according to expenditure.
- Costs for overnight stays will be passed on according to expenditure.
Minimum standard for hotels: 4 star accommodation and meals
§ 8 retention of title
The goods remain the property of MCW until they have been paid for in full. If the customer is in default of payment for more than 4 weeks, MCW has the right, but not the obligation, to withdraw from the contract and to reclaim the goods.
§ 9 Confidentiality and Data Protection
(1) In order to carry out and process orders, MCW requires the following customer data:
- First and Last Name
- E-mail address
- Mailing address
- Body measurements
(2) MCW uses the data communicated by the customer without the customer's separate consent in strict confidence and exclusively for the fulfillment and processing of the order, for example for the production of made-to-measure goods, for consulting services, for the delivery or delivery of goods to those specified by the customer Address or for invoicing. When paying by bank transfer, MCW also uses the customer's bank details for payment processing. Any further use of the customer's personal data for advertising or market research purposes requires the customer's express prior consent.
(3) MCW only saves the customer's personal data within the scope of tax and commercial law obligations.
(4) Further information on data processing can be found in the overleaf “Information on data processing to fulfill the information obligations according to Art. 13 and 14 GDPR”.
§ 10 warranty
(1) If the goods manufactured and delivered by MCW are defective, the customer is entitled, within the framework of the statutory provisions, to request supplementary performance, to withdraw from the contract or to reduce the purchase price.
(2) The customer also has rights due to defects in the context of procurementffGuarantee of unity and / or durability, provided that MCW has expressly given such a guarantee for the delivered item in individual cases.
(3) In the case of rework, the place of performance for the customer's claim for rework is the registered office of MCW at the time the contractual obligation arises. In the case of a justified request for improvement by the customer, MCW bears the necessary costs for the establishment of the contractual condition, in particular shipping, labor and material costs.
(4) There is no guarantee for services.
§ 11 Limitation of Liability for Fault
(1) MCW is liable for intent and gross negligence. Furthermore, MCW is liable for the negligent breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance the customer can regularly rely. In the latter case, however, MCW is only liable for foreseeable, contract-typical damage. MCW is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply to injury to life, limb and health. Liability under the Product Liability Act remains unaffected.
(2) The above limitations of liability also apply to the personal liability of employees and representatives of MCW.
§ 12 right of withdrawal
(1) As a consumer, the customer has a statutory right of withdrawal, about which we inform in the following paragraph 3 on the basis of the statutory provisions. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
(2) The right of withdrawal does not apply to contracts for the delivery of goods that 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 the consumer's personal needs.
(3) cancellation policy
You have the right to withdraw from this contract within 14 (fourteen) days without giving a reason. The cancellation period is 14 (fourteen) days from the day the contract is concluded. To exercise your right of withdrawal, you must contact us
Made-to-measure clothing Christian Weilert,
Owner Anuschka Schielin
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within 14 (fourteen) days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
You have the goods to us immediately and in any case no later than 14 (fourteen) days from the day on which you inform us of the cancellation of this contract
Made-to-measure clothing by Christian Weilert
Owner Anuschka Schielin
to be returned or handed over. The deadline is met if you send the goods before the deadline of 14 (fourteen) days has expired. 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 an examination of the conditionffunity, property and
Functioning of the goods is due to unnecessary handling by you.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that 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 the consumer's personal needs.
Furthermore, there is no right of withdrawal for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out the following form and send it back.)
Made-to-measure clothing Christian Weilert, Inh. Anuschka Schielin Klosterstr. 47
- 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 the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is notified on paper) - Date
(*) Inappropriatenessffdelete the end.
§ 13 Out-of-court dispute resolution
(1) The European Commission provides a platform for online dispute resolution (OS platform) for consumers, which you can find at http: // ec.europa.eu/consumers/odr/. MCW's e-mail address is: firstname.lastname@example.org
(2) According to § 36 VSBG, we point out that we are neither obliged nor willing to participate in an alternative out-of-court dispute settlement procedure before a general consumer arbitration board.
(14) Final provisions
(1) Subject to mandatory international private law provisions, the law of the Federal Republic of Germany applies exclusively to the exclusion of the UN sales law. In the case of consumers (§ 13 BGB), this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the customer is a merchant or a legal person of the Austrianffpublic law or öffis a public legal special fund, the place of jurisdiction for lawsuits against MCW is the registered office of MCW. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, has no place of residence or if the usual place of residence is not known at the time the action is brought. MCW's authority to appeal to a court at another legal place of jurisdiction remains unaffected.