General Terms and Conditions
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our customers („Customer“) through our online shop www.tailorandtales.com (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“ or “Terms”).
(2) In our Online Shop we offer customized clothing and accessories. We enable customers to create their individual size using our online app. We or our partners produce and dispatch the clothing to the Customer.
(3) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(4) Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(5) Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. In case of disputes prevails the German version of the general terms and condition of sales.
(1) Registration is necessary for the use of our Online Shop. As part of the registration process, the Customer receives a username and a password. The Customer will keep the personal login credentials confidential and prevent any unauthorized use by third parties.
(2) The registration is free of charge. There is no entitlement to registration. We might link the registration to other requirements (e.g. verification of registration data, creditworthiness check, etc.). During the registration process the Customer transfers all required data truthfully and completely. The customer has to notify us immediately and unsolicited about any changes in his information that was given in his registration. After registration there is no legal claim to the use of the Online shop.
(3) The Customer is obliged to supply an email address during the registration process. Any communication vis-à-vis the Customer may also be forwarded by e-mail to this email address, unless provided otherwise by law or contract.
(4) We shall be entitled to contact the Customer via telephone or otherwise.
(5) The Customer shall only be entitled to use the Online Shop using anyof the normal programmes (web browser). Using our Onlineshop by means of automated software (e.g. script programs) is not allowed. This is particularly applicable if the software serves to generate or to obtain data.
(6) Some of our services of our online shop are only available to the customer after the customer has created their individual size using our online app.
3. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the tenth business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as hereafter made available to the Customer.
The right of cancellation shall not exist for distance selling contracts for the delivery of merchandise which is manufactured according to customer’s specifications or which is clearly tailored to personal requirements. The following notification of revocation does not apply for tailor-made clothing.
Notification of revocation
Right of revocation
You may revoke your offer to buy within a period of 14 days and without giving reason. The revocation has to be done in text form (e.g. letter, e-mail, facsimile). If the respective product has been delivered to the User before the end of the period, he may also revoke by returning the product. The period starts with the receipt of this notification in text form, but not before the delivery of the product to the recipient (not before the first partial delivery in cases of recurring deliveries of similar goods), not before we have fulfilled our obligation to inform according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB, and not before we have fulfilled our obligation to inform according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Dispatching the revocation or the product on time is sufficient to comply with the revocation period. The revocation is to be directed to:
Tailor & Tales
Kulturbrauerei Haus 4.H
Schönhauser Allee 36-38
10435 Berlin, Germany
Consequences of revocation
If you revoke your offer to buy effectively, both parties must mutually return the received contractual services including derived benefits (e.g. interest). If you cannot completely return the received contractual services or emoluments (e.g. advantages of using) or if you can only return them in declined condition, you have to compensate the lost value. You only have to compensate the lost value caused by decline and the derived benefits if the decline or the emoluments are based on a treatment of the product that exceeds the examination of the product's characteristics and functions. The "examination of the product's characteristics and functions" is equal to what is possible, usual, and appropriate if the respective product was offered in a retail shop.
Products eligible for shipping by mail are to be sent back at our risk. You bear the usual costs for the shipment if the delivered product complies with the order and if the price of the returned product does not exceed 40 Euro or if you have not paid the product or a contractual part payment at the time of the revocation. In all other cases the return of the product is free of charge. Products not eligible for shipping by mail will be picked up.
Any obligation to return a payment has to be met within 30 days. The period begins for you with the dispatch of the revocation or of the product, for us with the receipt of the revocation or of the product.
- End of notification –
4. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) All shipments by us shall require advance payment by credit cards or PayPal. We may restrict you to certain payment methods in individual cases. Upon the Customer’s request, to be made in the order form, we will deliver the product against cash payment in our office in Kulturbrauerei Haus 4.H, Schönhauser Allee 36-38, 10435, Berlin, Germany.
(4) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
(5) For the purpose of credit assessment, Bürgel Wirtschaftsinformationen GmbH & Co. KG, P.O. box 500116, 22701 Hamburg, Germany, will furnish us with any address and credit particulars that are stored in the database of such firm in connection with the Customer, including any data ascertained using mathematical statistical methods, provided, however, that we substantiate our legitimate interest in such data.
5. Dispatch of the Product
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to five weeks, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin upon receipt by us of the full purchase price (including VAT and shipping costs).
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) Regardless of whether any product is indicated on the order form as "in stock", we may sell such product at any time, provided that
a) the order form has included a notice as to the limited availability of the product or
b) an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order.
In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4, we shall be required to dispatch the product within a period of five weeks after the Relevant Date pursuant to subsection 1.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as "not in stock" or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier’s failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
6. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
7. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in „text form“, including by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(1) Our liability for late delivery shall, except in cases of willful misconduct or gross negligence, be limited to an amount equal to 30 % of the aggregate purchase price (including VAT).
(3) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(4) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
10. Data Protection
11. Transfer of Rights and Obligations to third parties
(1) We shall be entitled to wholly or partly transfer the rights and obligations arising out of this contract to third parties without giving notice. In this case the Customer shall be entitled to terminate the contract to the date of transition.
(2) The Customer gives his consent for the case that we sell our debt claims against the customer to a third party and let the third party collect the claims.
12. Final Provisions
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Berlin (Germany) shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
(3) If individual terns are invalid, this does not affect the validity of the other terms. The invalid provision shall be deemed to be replaced by a statutorily feasible provision which economically most closely reflects the purpose of the invalid provision. The same applies in the event that the agreement contains any omissions.