General Terms and Conditions
Our Designer’s items are mainly produced in limited quantities. On one hand obviously pieces you buy are really rare on the other hand it can occur that items are sold out quickly. We do our best to avoid this.
Nevertheless we would appreciate your understanding in case of non-availability. We attempt to be as accurate as possible in creating item descriptions and presentation images. However, we can not warrant that these descriptions are accurate, complete or free of errors. Especially colours of product images displayed on your screen may differ from the real product for technical reasons.
Contractual services and offers made by the Flagshipstore are provided or made in accordance with the following conditions only. By taking note of these terms and conditions, the party to the contract is agreeing to their forming a part of the contract to be concluded with the Flagshipstore.
The party to the contract’s own general terms and conditions of business do not form a part of the agreement between the parties, even where this is not expressly stated by the Flagshipstore.
2 Conclusion of contract
2.1 Offers from the Flagshipstore are a non-binding invitation to order goods.
2.2 By placing an order, the party to the contract makes a binding declaration that they wish to acquire the goods ordered.
2.3 The Flagshipstore is entitled to accept the party to the contract’s offers within a period of two weeks from receipt. The contract is concluded if the Flagshipstore provides written confirmation of acceptance of the offer by e-mail or makes the delivery within this period. It is sufficient that the goods are dispatched or a confirmation is posted within this period.
3.1 We deliver to European countries Norway and Switzerland as soon as possible and items are available.
3.2 The Flagshipstore is entitled to effect delivery of the goods forming the subject of the contract within a period of 20 days inside Germany. Deliveries for orders from other European countries will only be made within 30 days from the acceptance of the offer by the Flagshipstore.
3.3 You will be informed by e-mail immediately if ordered items are not available at present.
4 Shipping and postage
4.1 For parties to the contract resident in Germany, the Flagshipstore makes a charge of 5.95€ per order for insurance, postage and packing. For postage and packaging to European Countries the Flagshipstore charges 10.95€. Shipping and postage to all remaining Countries is on request.
4.2 For order values over 150€ within Germany and over 250€ to the countries mentioned above no postage and packing will be charged.
4.3 For postage to countries such as Switzerland, Liechtenstein, Bulgaria, Norway or San Marino addintional custom fees can be charged and have to be paid by the customer. Please inform yourself by the custom duty of your country.
5.1 All prices given are in Euros and are inclusive current German VAT of 19%.
5.2 The party to the contract may, after receiving the order confirmation, make payment by bank transfer (citing their customer number) in advance or Paypal.
5.3 The party to the contract may not assign debts due against Flagshipstore without the express written consent of the Flagshipstore.
6 Right of cancellation
You have the right to cancel your declaration of contract without stating a reason within two weeks in written form (e. g. letter, fax, e-mail) or if the goods were left to you before expiring date by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Art. 246 § 2 in connection with Para § 1 (1) and (2) EGBGB as well as our obligations according to Para. 312e (1) Sentence 1 BGB in connection with Art. 246 § 3 EGBGB. To comply with the stated period of time it is sufficient to dispatch the cancellation or the goods in time. The cancellation has to be sent to:
Johanna van den Haak
Oderberger Straße 53
7 Effects of Cancellation
In the event of an effective cancellation, the mutually provided goods and services shall be returned and, if applicable, any benefits enjoyed (e. g. interest) surrendered. In case you cannot return the received goods and services in total or in part or only in deteriorated condition, you have to, if applicable, provide compensation insofar. This does not apply for the delivery of goods, if the deterioration of the goods is due exclusively to their inspection – as would have been possible for you in a retail shop for example. Incidentally you can avoid the obligation for compensation by not using the goods, as if they were your property, and by refraining from doing anything, that could impair their value. Goods, that can be dispatched as parcels, have to be returned. You shall be responsible for the return costs if the merchandise supplied complies with the goods ordered and if the price of the merchandise to be returned does not exceed the amount of 40 Euros or – in case the price does exceed the amount of 40 Euros – if you have at the moment of cancellation not yet provided for the payment or a contractually agreed part payment. In any other case you will not incur any charges for the return of goods. Goods, that cannot be returned as parcels, will be collected from your address.
In case of returns from abroad and irrespective of the order value, the contractual partner shall be responsible for the costs if the merchandise supplied complies with the goods ordered.
Obligations for refunding of payments must be fulfilled by you within 30 days. The period of time starts after dispatch of your declaration of cancellation or of the goods.
In case of a lawful exercise of the right of cancellation by the contractual partner, the Flagshipstore will refund payments already effected within 20 working days after receipt of the declaration of cancellation or the merchandise.
End of the cancellation policy
(This information is intended solely for informational purposes; the original German text is legally binding.)
8 Reservation of ownership
The goods forming the subject of the contract remain the property of the Flagshipstore until they have been paid for in full.
9.1 The warranty period is two years from the date of delivery.
9.2 In the event of warranty claims, it is necessary that the Flagshipstore is able to relate to the date of purchase. The item for which a warranty claim is made should be sent to the Flagshipstore together with a copy of the invoice, if the invoice is present. If the customer is not able to submit a copy of the invoice, this has no bearing on his warranty claims.
9.3 For defects in the goods forming the subject of the contract, the terms of the implied warranty are effective.
9.4 The party to the contract is obliged to examine the goods immediately on receipt. The Flagshipstore must be notified of damage arising during transportation or obvious defects. If the party to the contract fails to examine the goods and to notify damages the party to the contract does not lose his warranty claims.
9.5 The warranty does not include normal wear and tear. If the Flagshipstore maintenance or care instructions are not observed, changes are made to the product, accessory parts are incorrectly mounted, parts are replaced or care products are used which do not meet the Flagshipstore’s high quality standards, the warranty will be rendered invalid concerning to those defects which arise or have been arisen because of the violation of the foregoing regulations.
9.6 The party to the contract is granted a guarantee in the legal sense only where this is expressly specified in writing by the Flagshipstore.
10.1 For breaches of the main contractual obligations as a result of ordinary negligence, the Flagshipstore’s liability is limited to the average, foreseeable, direct losses typical for the type of goods in question. The same applies to breaches of obligations as a result of ordinary negligence by legal representatives of the Flagshipstore or persons employed in performing contractual obligations for which the Flagshipstore is vicariously liable.
10.2 Otherwise where the party to the contract asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of representatives or persons employed in performing contractual obligations for which the Flagshipstore is vicariously liable; the Flagshipstore is liable in accordance with the legal regulations. Where no gross negligence or intentional breach of obligations is asserted, Flagshipstore’s liability is limited to the average foreseeable damages which might typically be expected to arise in such circumstances.
10.3 The above limitations of liability do not apply to losses arising from injury to life, bodily injury or injury to health.
11 Concluding provisions
If individual provisions of the contract between the Flagshipstore and the party to the contract including these general terms and conditions of business are or become in part or in full invalid, this will not affect the validity of the remaining provisions.
The applicability of statutory law which is not excluded or supplemented by these general terms and conditions of business is not affected.