Terms and Conditions
Please note: Subject to the terms and conditions set forth herein, any use of this website and all legal disputes arising in connection therewith shall exclusively be governed by German law.
The automatically translated english version of the Terms and Conditions found below is provided for convenience only. Legally binding is the German version of the Terms and Conditions (Allgemeine Geschäftsbedingungen AGB) that can be found here.
01. Terms and conditions of storyofsomething.com
These conditions apply to all the products, deliveries and services mentioned on this website. Terms and conditions of a customer will explicitly not become subject matter of contract, even if storyofsomething.com doesn't disagree explicitly. If a customer doesn't agree to the following terms and conditions, he is obligated to disagree in writing previously.
02. Right of withdrawal
You are no longer bound to your order, if you send back the products, in the original packaging, within two weeks after receiving. The cancelation must not be justified. The original packaged product can be returned (on our risk) with the cancelation in writing (an email beforehand is sufficent). You will have to accept the costs of shipping. Custom-made products are excluded from cancelation. It is sufficent to send back the cancelation and original packaged product within the time limit to the following address:Dialog Marketing W&M GmbH
Fax: +49 (0) 721-831422-73
Please do not send any not prepaid postage, we can not accept these due to organizational problems. The right of withdrawal is restricted when the product is used, used by the customer, washed or warn. If washed, warn or not original packaged products are sent back, you have to pay compensation for the value (§361a BGB).
03. Offer and Conclusion
The presentation of products in the online shop is not a legally binding offer but an invitation to order. Errors excepted. Your order is a binding offer. This can be accepted by us either by sending an order confirmation as a binding declaration of acceptance or by sending the ordered goods. If you order electronically, we will confirm the receipt of this order immediately also electronically. This confirmation of receipt is not a binding acceptance of the order. The acceptance can also be connected to the confirmation of receipt.
04. Terms of payment and prices
Payment always occurs via cash on delivery, advance payment or PayPal. The bills are payable immediately. In case of default storyofsomething.com is entitled to stop further deliveries and services. storyofsomething.com is entitled to charge interest up to 5% more than the appointed reference rate of the European Central Bank on belated payments from the customer. All prices include the lawfully required VAT.
05. Delivery and shipping
All offers are subject to change without notice. Delivery only takes place as long as the goods are available on stock. All the delivery dates named by storyofsomething.com are not binding, except if a delivery date has been agreed on in writing as being explicitly binding. If the customer wishes to change or adjust his order after the order has been placed or other non foreseeable circumstances take place, which do not allow storyofsomething.com to hold the delivery dates, though storyofsomething.com is not responsible for these circumstances, the delivery date will extend to a suitable date. If the storyofsomething.com is hindered in fulfilling the contract due to procurement, production or delivery disturbances at their supplier, the general principles of law and their measure are valid. The customer is able to set a time limit of additional delivery of 6 weeks. If a binding delivery date can evidently not be fulfilled due to mobilization, war, riot, strike or lock-out or other circumstances of which storyofsomething.com can not be accused of by the general principles of law, the delivery date will be moved to a suitable date. The customer can cancel the contract, by setting a reasonable time limit of additional delivery. If storyofsomething.com isn't able to fulfill the delivery, the cancelation has to be transmit in writing. If storyofsomething.com is totally or partially hindered in fulfilling the contract, due to the listed reasons, the storyofsomething.com is freed from their delivery duty.
06. Retention of title
The delivered products stay in the property of storyofsomething.com until the price and all receivables are paid completely. The customer is obligated to insure the products which are owned by storyofsomething.com in a adequately way. The customer does not have the products at his disposal which are owned by storyofsomething.com.
07. Limitation of liability
storyofsomething.com will be liable in cases of intent or gross negligence according to the lawful regulations. In cases of slight negligence storyofsomething.com the liability is limited to damages which are predictable or typical. In the case of storyofsomething.com being maid responsible for ordinary negligence the responsibility will be restricted to damages that where foreseeable ore are typical.
storyofsomething.com warrants that the products possess the features promised in the contract and that they do not have damages, which would lower the value and restrict the funcunality to the ordinary or promised value and functuanallity according to the contract. Minor loss in value and functionality won't be considered.
The warranty period starts with the day of delivery and ends 24 months later. storyofsomething.com has to be informed immediately in writing about damages found during the period of warranty. The warranty does not include repairing damages which come from fair wear and tear, outside influences or handling errors. storyofsomething.com can repair or change damaged parts as long as the warranty covers theses damages. The customer is obligated to give storyofsomething.com the appropriate time and opportunity to repair the damages. If storyofsomething.com fails twice in repairing the same damage or damages which are directly linked, the customer has right of replacement or reduction of value. If the customer uses the warranty of storyofsomething.com, and it shapes up that there is no damage or that storyofsomething.com is not responsible for the damage, the customer has to pay for all expenses of storyofsomething.com, if he has used the warranty grossly negligent or intentionally.
10. APPLICABLE LAW, JURISDICTION, MEDIATION CLAUSE, OTHER
All legal relationships between the contracting parties, only the law of the Federal Republic of Germany. Performance and exclusive jurisdiction for all disputes arising out of or in connection with this contract is the seat of storyofsomething.com. All disputes arising out of or in connection with this Agreement, the parties try initially as part of a mediation to settle out of court by a mediator. Only then, when the mediation will not be made or completed without the dispute is resolved in its entirety, is open to the parties of the way the courts. The parties are not prevented to submit applications in proceedings for interim relief or other emergency procedures. Treatment in all other cases, a party to the other party prior to the initiation of a dispute the possibility of mediation. Can not the parties agree on a mediator, it will be determined at the request of a party by EUCON, European Institute for Conflict Research Management, Schack Strasse 1, 80539 Munich Phone: +49 / 089 / 57 95 18 34, Fax +49 / 089 / 57 86 95 38, email@example.com, www.eucon-institut.de.