Terms and Conditions

Your contracting partner is:

BT Merchandising GmbH (“BT“ or “we” / “us“)
Managing Directors:
Gilbert Scharff
Wilhelm-Kabus-Straße 21-35
D-10829 Berlin
Germany

Commercial Register: Amtsgericht Berlin-Charlottenburg, HRB

I. Offer, Contract Conclusion

1. Offer: Our offer made on this website (“Website“) as well as these Terms shall be made and apply only to consumers, as such expression is used and defined in § 13 of the German Civil Code, Bürgerliches Gesetzbuch, “BGB”). All prices set out hereunder are final prices including the German statutory VAT.
2. Contract Conclusion: Your order to BT represents an offer to purchase a product (“Offer“) which is accepted by BT (“Acceptance”) either by our order confirmation or by delivery of the product. If you receive no reply to an Order within two weeks - if a shorter period has been agreed, then such shorter period shall apply - the customer is no longer bound to the Offer. Prior to the Acceptance there shall be no claim for fulfillment, e.g. in respect of the delivery of ordered product.
   
   

II. Payment

The following payment methods are available:

• Credit Card (charged on order; available are: MasterCard, Visa.)
• giroPay (charged on order)
• Sofortüberweisung (charged on order)
• PayPal (charged on order)

- Insured shipping with DHL incl. shipment tracking

III. Delivery

1. Delivery date: The general delivery estimate is 3 up to 5 days, unless otherwise indicated in the product description. Delivery is dispatched once all items of an order are available at the warehouse. Customer will be informed in respect of respective delays.
2. Right of withdrawal: In the event of any permanent impediment to delivery outside of our responsibility (e.g. force majeure or non-delivery by our deliverer despite timely and congruent hedging), we shall be entitled to withdraw from the respective agreement so entered into with customer. In such event we shall inform customer immediately and shall return advance payments received by us in respect of such orders.
3. All deliveries hereunder are made under reservation of title, provided such legal instrument is available in the target country of such sale.
   
   

IV. Instructions on the exercise of the right of withdrawal and agreement on costs of return

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us

BT Merchandising GmbH
Wilhelm-Kabus-Straße 21-35
10829 Berlin Germany
info@bt-merchandising.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to

BT Merchandising GmbH
Wilhelm-Kabus-Straße 21-35
10829 Berlin
Germany

without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

This ends these instructions on the right of withdrawal.

V. Defects and liability

1. Defects
   1. Unless set out to the opposite under sub-clause 2 below, the German statutory provisions on liability for defects shall apply.
   2. Minor deviations in the colour of the delivered product and its depiction are due to technical reasons. Deviations may occur in respect of sleeve and back prints, as we at BT at all times strive to provide the most recent version of such print (e.g. current tour dates, improved designs etc.). Due to complex production processes, so-called allover-prints may bear unprinted parts at the fringes of the clothing which are technically unavoidable. The aforementioned circumstances shall not be deemed defects of the product delivered; same shall apply to damages caused by breaching the care instructions.
   3. The limitation period in respect of consumers’ (§ 13 BGB) claims shall be two years following delivery of the product.
2. Negligence liability
   1. BT shall be liable for damages and/or the reimbursement of futile expenditures in connection with this agreement so caused by BT, >BT’s legal representatives and vicarious agents only in the event of intent and gross negligence and in the event of the breach of such obligations, the observance of which is of essential importance in respect of the contract (such obligations to be fulfilled according to the content and intent of the contract or the compliance of which is essential for the fulfilment of the contract or which enables the fulfilment of the contract and which may be reasonably expected by the contracting partner). Damages shall be limited to the usual foreseeable damages, unless in the event of intent and gross negligence.
   2. Claims and demands for damages shall remain unaffected in respect of such claims and demands pertaining to the liability under the German product liability and/or the equipment safety acts, claims and demands pertaining to the liability in respect of damages in the event of injuries of life, physical integrity or health, in the event of fraudulent intent, in the event of frustration of the contractual obligations or unreasonableness of the fulfilment of the contract, in the event of any guarantees made in respect of the condition of the product, in respect of the assumption of a procurement risk and/or in the event of material breaches. (c) The preceding liability provisions shall equally apply to the personal liability of the legal representatives and vicarious agents of BT. The aforementioned provisions shall not effect and/or be deemed to imply a reversed onus of proof.
      
      

VI. Applicable law

German law (excluding the UN Sales Convention) shall apply to this agreement and any and all claims deriving hereunder; peremptory norms of consumer protection law as applicable at customer’s residence shall remain unaffected.

VII. Dispute Resolution

European Online Dispute Resolution platform: www.ec.europa.eu/consumers/odr

In principle, however, please note that we do not intend to take part in any such dispute settlement proceedings.

This is a translated version of the german Allgemeine Geschäftsbedingungen. Only the German Version ist legally binding.