Terms & Conditions (as of 2 April 2006)


§ 1 Purpose of the T&C, Validity

The purpose of the terms and conditions is to provide the contract conditions for all transactions between DAVISWEAR and the clients of www.daviswear.de or www.daviswear.com, DAVISWEAR'S on-line shop. If any of the provisions of the terms and conditions shall be deemed illegal, void, or for any reason non-binding, then that provision shall be rescinded for these terms and conditions and shall not affect the validity and binding of any of the remaining provisions.

§ 2 Contract Realization

The offers of DAVISWEAR on-line shop are non-binding. By clicking the "send order" button, the customer states that he/she would like to acquire the contents of the shopping cart. Upon receipt of the order, DAVISWEAR will solely confirm receipt of the order via e-mail. Subsequently DAVISWEAR will verify the customer data and the availability of the merchandise ordered. If the customer data proves to be complete and valid, and the ordered merchandise is available, DAVISWEAR will confirm the order itself via e-mail, thereby validating the contract.

§ 3 Required Information
  1. When ordering, the customer is obliged to provide the correct personal data. If the data provided by the customer changes, in particular the name, address, e-mail address or credit card information, the customer is required to inform DAVISWEAR as soon as possible so that DAVISWEAR will be able to correctly complete the order.
  2. Should the customer fail to provide this data, make false statements or give an incorrect e-mail address, DAVISWEAR may void the contract if one has already entered into force.
  3. Immediately upon receipt of the order, DAVISWEAR will send an e-mail to the customer for the sole purpose of confirming receipt of the order. After the customer data and availability of the articles ordered have been verified, DAVISWEAR will send the customer an order confirmation with further details (i.e., proposed delivery period, customer number, etc).
  4. The e-mail account provided by the customer must be valid from the time of the order. DAVISWEAR assumes that the customer data was incorrectly provided, if three attempts to send an e-mail failed, or if the order could not be delivered due to an incorrect address.
§ 4 Termination Rights
  1. The customer may legally terminate the contract in accordance with his/her rights under the Distance Selling Regulations within two weeks of ordering. Click Customer Information for more details. A copy of the detailed customer information will be sent to the customer with the order. An unlimited right of return in accordance with paragraph 361 BGB is not possible.
  2. In the event the customer exercises his/her right to cancel the order, the customer bears the cost of the return postage if the total value of the order is under 40,- Euro. Customers who live outside of Germany must always bear the cost of postage. If the customer exercises his/her right to revoke the contract, he/she is obliged to return the merchandise within 2 weeks. There will be no reimbursement of the initial shipping costs.
§ 5 Password, Secret Access
  1. The customer may register and choose a password, or have DAVISWEAR issue one for him/her. DAVISWEAR will issue a customer number.
  2. A registered customer can view and change his/her personal data by entering his/her customer number and password.
  3. The customer is obliged to store his/her customer number and password carefully so that no knowledge thereof may be obtained by outside parties.
§ 6 Product Delivery
  1. DAVISWEAR will process the order immediately upon receipt. No later than three weeks after receipt of the order, DAVISWEAR will ship the order, unless other delivery arrangements have been made.
  2. Liability will be assumed by the recipient once the goods have been shipped.
  3. Product delivery is subject to availability. If DAVISWEAR is not able to send the ordered item or an item equal in quality and price to the one ordered, DAVISWEAR may forfeit liability. In this case, DAVISWEAR has to inform the customer as soon as possible that the item ordered is not available. If the item has already been paid for, DAVISWEAR is obliged to refund the money.
  4. If DAVISWEAR does not ship the order within the allotted time frame, the customer may cancel his/her order in writing.
§ 7 Payment
  1. The purchase price is due immediately after ordering unless other arrangements have been made in writing. All prices are in Euro, including the German sales tax.
  2. The customer is automatically delinquent if DAVISWEAR has not received payment by the time the order is being shipped which usually happens at the latest 3 weeks after placement of the order.
  3. In such cases, interest will be affixed in accordance with German law.
  4. The customer does not have the right to withhold payment or to make partial payment based on a previous transaction, unless otherwise granted specific permission to do so in a court of law or by DAVISWEAR.
  5. The customer may exercise retention rights only if his/her counter claim is based on the same contract.
§ 8 Shipping and Handling Cost, Minimum Order, Import Taxes and Duties
  1. We will deliver free of charge within Germany if the total amount of the order is over 155,- Euro. For orders under 155,- Euro, 4,50 Euro will be charged for shipping and handling.
  2. POD is possible within Germany only and is free of charge if the total amount of the order is over 255,- Euro. For orders under 255,- Euro, 12,70 Euro will be charged for POD, shipping and handling (actual cost for an insured parcel incl. all POD charges sent with the German Postal System).
  3. We will deliver free of charge to EU countries and Switzerland if the total amount of the order is over 255,- Euro. For orders under 255,- Euro, the following shipping and handling charges apply. The price is automatically calculated in the shopping cart based on the weight of each item plus its packaging:
    Weight up to 100 grams: 4,50 Euro
    Weight up to 250 grams: 6,- Euro
    Weight up to 500 grams: 8,- Euro
    Weight up to 1000 grams: 10,- Euro
    Weight up to 1500 grams: 16,- Euro
  4. We will deliver free of charge to non EU countries if the total amount of the order is over 360,- Euro. For orders under 360,- Euro, the following shipping and handling charges apply. The price is automatically calculated in the shopping cart based on the weight of each item plus its packaging:
    Weight up to 100 grams: 7,- Euro
    Weight up to 250 grams: 10,- Euro
    Weight up to 500 grams: 14,- Euro
    Weight up to 1000 grams: 20,- Euro
    Weight up to 1500 grams: 30,- Euro.
  5. For orders shipped to Non-EU contries as well as to the Canary Islands (possibly other countries as well), import taxes and duties may apply. Every country has its own rules. The customer will have to bear this cost. DAVISWEAR has no influence on that cost and does not know the amount of it. Some countries do not charge taxes or duties on items below a certain cost, others do. Details about taxes or duties on small imports are available at post or taxation offices.
§ 9 Reservation of Proprietary Rights

Goods remain the property of DAVISWEAR until fees have been paid in full and are subject to our extended reservation of property rights.

§ 10 Guarantees
  1. The guarantee is in accordance with German legal statutes and the following regulations.
  2. The customer must immediately check the merchandise for defects upon receipt of the shipment. If the merchandise is defective, the customer is obliged to immediately inform DAVISWEAR in writing. If DAVISWEAR is not immediately informed upon receipt of the merchandise, the customer may not claim any rights at a later time.
  3. DAVISWEAR cannot be held liable for damage of any kind to the merchandise caused by the customer or for normal wear and tear.
  4. In case of faulty merchandise, DAVISWEAR can choose to either repair the merchandise or replace it. Should all efforts fail or the replaced merchandise also be faulty, the customer can choose to return the merchandise and be reimbursed or ask to have the price reduced.
§ 11 Liabilities, Compensation
  1. An assurance of merchandise characteristics or services does not exist. The description of merchandise or services does not represent an assurance of characteristics. Furthermore, DAVISWEAR does not guarantee any characteristics in the online-shop.
  2. Whatever the circumstances, customers are only entitled to compensation if damage was caused by the vendor deliberately or by gross negligence. DAVISWEAR is not liable for indirect damages, especially not for lost profits. DAVISWEAR cannot assure permanent and uninterrupted availability of "www.daviswear.com" or it's subdomains and is not liable for technical, electronic or typing errors of the online-offer or damage caused to the customers computer.
  3. Claimes based on c.i.c./p.v.v. have a 2 year statute of limitations.
  4. The product liability law remains uneffected.
§ 12 Data Protection
  1. Personal customer data is used solely for the processing and billing of the order. DAVISWEAR uses industry-standard SSL (Secure Socket Layer)-encryption to protect data transmissions.
§ 13 Applicable Law

These terms and conditions shall be governed by and enforced in accordance with German law, excluding the UN Convention on Contracts for the International Sale of Goods. Any legal proceeding directly or indirectly arising out of or relating to these terms and conditions or this site (including but not limited to the purchase of DAVISWEAR products) shall be filed in the court of Rüsselsheim, State of Hessen, Germany, only.

§ 14 Deviating Terms and Conditions of the Customer

In the event that the customer has her/his own terms and business conditions, that are different from DAVISWEAR'S, only DAVISWEAR'S terms & conditions apply.

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