Terms and conditions

Please read these terms carefully before using and / or placing orders on our online platforms (e.g., online store, Facebook, etc.).

§1 Scope and provider

These contract conditions or terms and conditions (GTC) apply to all visits and uses of the online stores of, or orders you can make at the online store of

8OPENINGS Martin & Tempel GbR

Managing Directors: Sandra Martin & Tom Tempel

.

The product range in our online shop is aimed exclusively at buyers. A buyer is a natural person who is already of legal age in their home country or has the consent of their parent or legal guardian. A buyer may also be a natural person or a group of natural persons who have been authorized by a legal entity (such as a club) to trade for them.

For the sake of readability, the simultaneous use of male and female language forms is dispensed with. Any person names apply equally to both sexes.

Our deliveries, services and offers are made exclusively on the basis of these terms and conditions and therefore apply to private customers and companies for all future business relationships, even if they are not expressly agreed again. The inclusion of terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.

Contract language is exclusively German.

§2 Conclusion of contract

The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online store.

By clicking on the button “buy now” you make a binding purchase offer (§ 145 BGB).

After receipt of the purchase offer you will receive an automatically generated e-mail with which we confirm your order (order confirmation). This order confirmation already represents our acceptance of your purchase offer, which is why a purchase contract has been concluded.

A purchase contract for the goods is also concluded when we ship the goods to you without prior expressed acceptance.

§3 Prices

The prices stated on the product pages are excl. of VAT und add. the respective shipping costs. Further information about shipping costs can be found on our website at https://www.8openings.de/versandinformationen/?lang=en

§4 Payment terms; delay

Payment can be made by bank transfer as prepayment or PayPal (direct debit / credit card / invoice).

The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.

If you choose the method of bank transfer, we will give you our bank details in the order confirmation sent to you by email and at the end of your purchase on the order confirmation page. The invoice amount is to be transferred to our account immediately after receipt of the order confirmation.

When paying with PayPal, you will be redirected to the website of the online provider PayPal in the ordering process. To be able to pay the invoice amount via PayPal, you have to be registered there depending on the selected payment option or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further information will be given during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.

If you choose the payment option “purchase on account” via PayPal, 8OPENINGS will then assign the claim to PayPal (Europe) S.à r.l. et Cie, S.C.A.. Payments with a debt-discharging effect can only be made to PayPal (Europe) S.à r.l. et Cie, S.C.A.. Further information here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms

If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.

Partial payments and remaining amounts are to be paid on time in accordance with the agreed offer. We can make the beginning of our activity dependent on the respective receipt of payment. If you cancel a started order for an individual design for clubs, the deposit will be retained for work done in advance by us.

§5 Set-off / right of retention

You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.

You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§6 Delivery; retention of title

Unless otherwise agreed, the delivery of the goods will happen from our warehouse to the address or packing station specified by you.

Orders can be made nationally and internationally according to the specified shipping options and shipping conditions and can be viewed at www.8openings.de/versandinformationen/?lang=en. A delivery is possible only in normal household quantities.

The goods remain our property until full payment of the purchase price.

Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not take the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.

If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:

  • We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
  • You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
  • In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
  • We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§7 Cancellation

In case that you are a consumer within the meaning of § 13 BGB, doing the purchase for purposes that are predominantly neither your commercial nor your independent professional activity can be attributed, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

You have the right to revoke this agreement within fourteen days without giving any reasons.

  • The cancellation period starts from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
  • In order to exercise your right of withdrawal, you must inform us. Sent a mail letter or email to 8OPENINGS Martin & Tempel GbR, Gürtelstraße 14, 10247 Berlin, order@8openings.de by means of a clear statement of your decision to withdraw from this contract. You can use the model withdrawal form below, which is not required.
  • In order to maintain the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.

Sample Withdrawal Form

If you want to revoke the contract, please fill out this form and send it back. To

8OPENINGS Martin & Tempel GbR, Gürtelstraße 14, 10247 Berlin
Email: bestellung@8openings.de

I / we (*) hereby revoke the contract concluded by me / us (*)
about the purchase of the following goods (*):
Ordered on (*) / received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only when notified on paper)
Date
(*) Delete the incorrect.

Consequences of revocation

If you revoke this agreement, we will transfer back all the payments we have received from you, including the delivery costs (except for the additional costs arising from the fact that you provide a different type of delivery than the one offered by us, the cheapest standard delivery), immediately and at the latest within fourteen days from the date on which the notice of cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise. In no case will you be charged for this redemption.

  • We may refuse to repay you until we have received the goods back and / or until you have provided proof that you have returned the goods.
  • You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the date on which you inform us of the withdrawal of this contract. The time limit is respected if you send the goods before the expiry of the period of fourteen days.
  • You pay for the immediate costs of returning the goods.
  • The returned goods must be complete and must not have been used beyond what is necessary to determine if you wish to keep the goods. It is therefore allowed to try on the goods; however, they must not be worn or washed. If you fail to do so, and it therefore will result in a loss of value of the product, liability for this is with you and we may in this case refuse to take back the product.
  • Avoid damages and impurities during the return and if possible return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against transport damage in order to avoid claims for damages due to damage resulting from inadequate packaging.

End of the cancellation

The right of withdrawal does not exist

  • for deliveries of goods that are not prefabricated and for whose manufacture an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. Shirts with your photo, your own material and your name) or
  • in the case of delivery of goods that are not prefabricated and are manufactured specifically on request, or
  • in the case of delivery of sealed goods that are not suitable for return for health or hygiene reasons if their sealing has been removed after delivery.

§8 Transport damage

If goods are delivered with obvious damage in transit, please complain such errors immediately to the deliverer and please contact us as soon as possible.

The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, you help us claim our own rights against the carrier or the transport insurance.

§9 Warranty

Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§ 433 ff. BGB).

The limitation period for warranty claims for used goods – deviating from the statutory provisions – is one year, if you are a consumer within the meaning of § 13 BGB. This restriction does not apply if

  • claims due to damage resulting from injury to life, limb or health or
  • from the breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligation).
  • as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents

constist.

In addition, the statutory provisions apply to the warranty.

If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:

  • For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
  • You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
  • In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
  • If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
  • The warranty period is one year from date of delivery.

§10 Customer account

Registration may only be performed by you personally, with correct and up-to-date information.

Only one customer account may be created. It is forbidden to create a customer account for third parties, to transfer usage rights to your or other customer accounts.

You are responsible for the safekeeping of all relevant, personal and personal information concerning your account. This information may not be disclosed to third parties as you are responsible for any actions that are permitted or prohibited through your account. We are not responsible for any damages or actions resulting from the unlawful use of your account to the extent permitted by applicable law.

If there was an unauthorized access to your account, we ask you to inform us immediately of the unauthorized use.

We may terminate or suspend your user account, delete your profile or user content, and restrict your use of all of our online platforms or any part thereof, at any time and for any reason whatsoever, without our being liable to the extent permitted by applicable law.

§11 Copyright, individualized goods, online appearances

With the exception of the special regulations under “Customize Goods”, all goods, designs, trademarks, service marks and company marks (eg name 8OPENINGS, logo, designs, etc.) created for and by us are the property of us, are registered for 8OPENINGS and / or by 8 OPENINGS licensed.

As far as contents were not created by us, the copyrights of third parties are considered and, if necessary, marked as such.

We have the right to reproduce, edit, distribute, create derivative works, publicly available, sublicense, and assign all goods produced for and for our own use, including commercial purposes.

Individualized goods

Unless we create pre-fabricated and custom-made items for sale on sale, the following applies:

  • The buyer assures the own possession of the copyrights, name rights, trademark rights to the imaged contents. He is responsible for the proof of his legitimate rights to these contents.
  • We do not undertake any substantive and legal examination of the contents transmitted and to be used by the buyer or on behalf of the buyer, and in this respect accept no liability for any content or legal errors contained therein.
  • The purchaser allows us to reproduce, modify, distribute, store and make available the contents transmitted to us in the manner required for order processing, in whole or in part.
  • With delivery of the finished goods, all rights of use for the goods we create pass to the buyer, unless otherwise agreed separately in advance.
  • The handing over can take place here personally, by employees of us or by a parcel service commissioned by us to the buyer or to another person or location named by the buyer.
  • However, we reserve the right to re-use for individual purposes individual elements of the design (eg patterns, patterns, representations from historical sources) that are not intended by us and are not solely responsible for the visual recognition that we have created.
  • The buyer accepts placements of our logo in a clearly visible and legible manner at the points specified for the selected product. These will already be included in the pattern.
  • We reserve the right to hire third-party providers to fulfill the order and provide them with all content from the buyer that they need for their respective order creation.

Copyright in the content of online appearances

  • With the exception of the user content defined under §12, the entire visible content and functions provided for the application (eg designs, texts, configurators, etc.), non-visible (eg source codes etc.) and audible (eg sounds etc.) content of our online Platforms owned by 8OPENINGS or other individuals / companies that have granted us licenses and are protected by copyright, trademark and other laws. We also reserve all rights not expressly stated in these Terms of Use.
  • By accessing or using our online platforms or our content, you do not acquire any licenses or ownership of trademarks, service marks, or company marks.
  • Nor may any proprietary notices be removed from materials or changed to materials that can be downloaded or printed from our online platforms.
  • To the extent that we allow you to download and use content that is copyrighted or capable of being protected by copyright, we grant you a limited, personal, non-transferable, non-sublicensable and revocable license to access and only access that content as long as we make this content publicly available. Without having acquired any property rights, you may only use the information provided by us for personal and non-commercial purposes.
  • We reserve the right to remove any content that constitutes a violation of our intellectual property or these Terms of Use.
  • We must agree in writing in advance if you do not use, copy, edit, translate, display, distribute, download, send, sell, create derivative works from, or otherwise exploit the Content beyond those rights of use specified above. With the exception of your own content, which they themselves post legally on our online platforms.

§12 User content

User content such as photos, videos, comments, feedback, ideas, and other content can be posted on our online platforms. We are not responsible for these by other posted user content. The user content belongs to you or the person who created it. When posting user content, give us a license as follows:

You warrant that you have the right to use all of your user content including: People, ideas, illustrations to post. You grant us this one non-exclusive, time and space unlimited, sub-licensable, free license to post all User Content posted on or in connection with our online platforms for any purpose, including commercial purposes. This includes the right to translate, publicly access, reproduce, modify, create derivative works, sublicense, distribute and assign these rights. We may remove user content at any time in our sole discretion.

You acknowledge that deleted user content may remain in 8OPENINGS’s systems and may continue to be visible on the online platforms if its user content has been publicly posted and shared with others who have not deleted the content. This does not apply if you or the data subject requires the deletion or blocking of personal data under applicable law.

These Terms of Use remain in effect even after termination of your customer account or after termination of the use of the online platforms.

§13 Privacy policy

Our privacy policy https://www.8openings.de/datenschutzbelehrung/?lang=en describes the collection and use of personal information on the online platforms operated by us and is based on your use of this application.

§14 Liability

Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.

In addition, the following limited liability shall apply: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.

Disclaimers:

  • Our online platforms, their content, materials and products are provided “as seen”. We make no promises as to the accuracy, appropriateness, usefulness, reliability of the online performance or otherwise.
  • We do not guarantee uninterrupted or error-free operation, that errors are corrected, or that our online platforms are free of viruses or other harmful substances.
  • You are solely responsible for any damage to your device resulting from the use of the online platforms.

§15 Termination

We may terminate or change any 8OPENINGS Platform, affiliate program, product or service at any time without notice.

§16 Alternative dispute resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform is accessible via the external link http://ec.europa.eu/consumers/odr/.

We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.

§17 Final provisions

Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.

Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, “UN Sales Convention”). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.

If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.

As of: November 2018