terms & conditions

Terms & Conditions

Dear customer,

please note that we sew your dress in our atelier after you placed your order. That means we produce what you have ordered and we produce especially for you! We may ask you kindly to place your order with care. You cannot compare grünten mode and our hand made dresses to online shops with a huge stock of mass produced dresses.

We avoid taking back clothes which were made to measure because we cannot resell them anymore. In case of comlaints we are willing to improve a custom made garment as long as it's unworn. We want you to be happy so we act fair generally. We may ask you kindly to help us to prevent cost.

We offer you our FREE FITTING SERVICE which means that we make the dress you want to order made to measure for you. It's a charge free service which is valid for every dress you can find in our online shop. Of course we can send you fabric samples of the dress you want before you order.

For any questions, comments and wishes please write to kontakt@gruenten-mode.de. We come back to you as soon as possible. Apart from that the terms and conditions of grünten mode are as written below. Thank you for your understanding.

Kind regards,
Sara Elisabeth Rampp M. A.
ceo grünten mode
 

1. Introdcution

You should read these Terms and Conditions, our cookies policy and our data protection policy (hereinafter referred to jointly as the "Data Protection Policy") carefully prior to using the website. By using the website or placing an order through this website, you are consenting to these Terms and Conditions and our Data Protection Policy. If you do not agree to the Terms and Conditions and the Data Protection Policy, you cannot use this website.

We may change these Terms and Conditions. You are obligated to read through these Terms and Conditions on a regular basis, as the Terms and Conditions that apply are those valid at the time of using the website or at the time of concluding a contract (see below).

If you have any questions about the Terms and Conditions or the Data Protection Policy, you can contact us via email kontakt@gruenten-mode.de .

You can choose to conclude the contract (see below) in any of the languages in which the Terms and Conditions are available on this website.

2. Our Details

The sale of goods through this website takes place under grünten mode, atelier+onlineshop, Helingerstr. 27, 87480 Weitnau, Germany.

3. Your Details and Use of this Website

The information and personal details that you provide are processed in accordance with the Data Protection Policy. By using this website, you consent to the processing of your information and details and confirm that all information and details provided are correct and accurate.

4. Use of our Website

By using this website and placing an order through this website, you agree:

  1. to use the website exclusively for lawful enquiries and orders.
  2. not to submit any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we have the right to cancel the order and inform the relevant authorities.

iii. to provide us with your full and correct email address, postal address and/or other contact details. You also consent to us using this information to contact you in relation to your order if necessary (please refer to our Data Protection Policy).

If you fail to provide us with all of the information that we require, you will not be able to place an order.

By placing an order through this website, you confirm that you are at least 18 years old and have the capacity to conclude a legally binding contract.

5. Availability of Service

The items offered on this website are available for delivery within Germany, with the exception of Heligoland and Büsingen and the EU.

6. Conclusion of Contract

The information contained in these Terms and Conditions and the details contained in the website do not constitute an offer for sale, but rather, an invitation to conclude transactions. No contract shall exist between you and us in relation to any product until we have expressly accepted your order. If we do not accept your offer, amounts that have already been debited to your account shall be fully refunded.

To place an order, you must complete the online purchase process and click the "Purchase" button. You will then receive an email from us confirming receipt of your order ("Order Confirmation“). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to buy one or several products from us. All orders require an acceptance from us, which takes place by sending an email to you, stating that the order has been sent ("Shipping Confirmation"). The contract for the purchase of a product ("Contract") shall only be concluded once we have sent you the Shipping Confirmation.

The Contract only relates to those items that are listed in the Shipping Confirmation. We are not obligated to deliver additional items to you that have been ordered until the shipping of these items has also been confirmed in a further Shipping Confirmation.

7. Availability of Products

All product orders are subject to availability. In the event of supply difficulties or if the product is no longer in stock, we reserve the right to send you information about substitute products of the same or higher quality and price, which you can order. If you do not wish to order these substitute products, we will refund any amounts that you have already paid to us.

8. Reservation of Right to reject an order

We reserve the right to remove products from the website at any time and withdraw or amend its material or contents. Although we always endeavour to process all orders received by us, extraordinary circumstances can lead to us being required to reject the processing of an order after sending an Order Confirmation. We reserve the right to do so at any time, at our discretion.

We shall not be liable to you or third parties as a result of the removal of products or amendment of material or contents of this website or the rejection of an order after an Order Confirmation has been sent.

9. Delivery

Subject to the Terms and Conditions in Section 7 above regarding the availability of products and provided that no extraordinary circumstances exist, we will endeavour to deliver the products listed in the Order Confirmation prior to the stated delivery date or, if no delivery date has been stated, within the anticipated time period displayed when choosing a shipping method, and in any event, no later than 30 days from the date of the Order Confirmation.

However, delays may occur as a result of customised items, the occurrence of unforeseen circumstances or because of the delivery zone.

If we are unable to meet the delivery date for any reason, we will inform you and provide you with the option either to continue with the purchase by setting a new delivery date or to cancel the order with a full refund of the amount already paid.

In accordance with these Terms and Conditions, the "delivery" shall be deemed as having been performed or the order as "delivered" as soon as you or a third party who has been appointed by you has taken possession of the goods. This shall be documented by signing the certificate of receipt of the order to the shipping address that you have specified.

SHIPPING COSTS are €0.00 within Germany. From an order value of € 200.- we ship free to the EU and worldwide. Under €200.- order value the shipping costs are €17.- to the EU and €25.- worldwide.

10. Undeliverable Shipment

If we are not able to deliver an order after 2 attempts, we will try to find a secure place to leave it. If we are unable to find a secure place, your order will be returned to our warehouse. Furthermore, we will send you a notification with information regarding the whereabouts of your order and how you can arrange redelivery. If you will not be at the delivery location at the arranged the time, we kindly request that you contact us in order to schedule the delivery for a different day.

If we have been unable to deliver your order by 30 days after the date on which your order was ready to be delivered, for reasons for which we are not responsible, we will assume that you are withdrawing from the contract, which will then automatically convert to a contractual obligation for refund. As a consequence, we will promptly, and no later than 14 days after the cancellation, refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen an alternative delivery service to the standard delivery service we offer).

11. Transfer of Risk and Ownership of the products

From the time of shipment, you are liable for the products.

Ownership of the products shall only transfer to you after full payment of all amounts due for the products, including the shipping costs, or upon delivery (please refer to Clause 9 above), if this takes place at a later date.

12. Price and Payment

The purchase price of the products corresponds to the price stated on our website at any time, unless there is an obvious error. Whilst we endeavour to ensure that all of the prices stated on the website are correct, errors may occur. If we determine that the price for a product you have ordered has been stated incorrectly, we will inform you as soon as possible and give you the option to confirm the order again at the correct price, or to cancel it. If it is not possible for us to contact you, the order will be regarded as cancelled and you will receive a full refund of all amounts already paid.

We have no obligation to sell any product to you at an incorrect lower price (even if we have already sent an Order Confirmation to you), if the error in the price is obvious and unmistakable and the incorrectness of the price should have been reasonably recognisable as an error by you.

The prices stated on the website are inclusive of VAT but exclusive of shipping costs. These will be added to the total amount due in accordance with the information on shipping costs in our shopping guide. The total price, including the purchase price for the products, shipping costs, and VAT, will be displayed prior to final placement of your order.

We reserve the right to change prices at any time. However, unless otherwise specified above, such price changes will not affect orders that you have placed, for which we have already sent an Order Confirmation.

Once you have selected all of the items that you would like to buy, these will be added to your shopping basket. In the next step, the order will be processed and payment will be taken. Follow the steps of the purchasing procedure and complete or check the necessary details for each step. You can also change the details of your order during the purchase process prior to payment.

Payment can be made with Bank Transfer, cash on delivery (only within Germany) and paypal. If you pay via PayPal, payment will be taken when we confirm your order.

13. Purchasing without Registration (as Guest)

You do not have to create an account to order. Only the details that are absolutely necessary for processing your order are required.

14. Value Added Tax

In accordance with the applicable rules and regulations, all online purchases are subject to value added tax (VAT) with the exception of purchases that are shipped directly to customers on the Canary Islands, in Ceuta or Melilla.

Accordingly, and in line with Chapter I, Title V. of Council Directive 2006/112/EC dated 28 November 2006 regarding the common system of value added tax, the delivery address is deemed as the place within the member state in which the shipping address is situated and to which the items are delivered and VAT shall be applied in the relevant amount in the member state to which the items corresponding to the orders placed are to be shipped.

In accordance with the valid rules and regulations in every jurisdiction the reverse charge rule (Article 194 of Directive 2006/112) shall apply to goods that are shipped to specific Member States of the European Union if the customer is, or should be, subject to taxation with VAT. In this case we would not charge any VAT provided that the recipient can confirm that the VAT on the delivered goods has been paid by the customer as part of the reverse charge procedure.

Orders that are shipped to the Canary Islands, to Ceuta or Melilla are exempt from VAT, as defined in Article 14

6 of the aforementioned directive, however, they are subject to the relevant taxes and customs duties, in accordance with the valid rules and regulations.

15. Right of Exchange an Return

15.1 Statutory right of cancellation

If you, as a consumer, conclude a contract, you are entitled to cancel it without specifying reasons within the statutory cancellation period.

The cancellation period ends 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the goods or, in the case of several items in a separately delivered order, 14 days from the day on which you or a third party appointed by you, who is not the carrier, took possession of the last item.

To exercise your right of cancellation, you must notify us, grünten mode, of this by post at grünten mode, Helingerstr. 27, 87480 Weitnau, Germany or by email kontakt@gruenten-mode.de .

Within the framework of statutory cancellation you will only be responsible for any loss in the value of the goods if this loss in value is due to handling in a manner that is not necessary for inspection of the condition, features and function of the goods.

NOTIFICATION REGARDING THE RIGHT TO CANCELLATION

Right to cancel

You can revoke your contractual declaration in writing (e. g. letter or email) or by returning the products within a period of 14 days from receipt. No reason needs to be specified in this cancellation. The cancellation period starts on the day of delivery of the products and these cancellation instructions in written form. In order to comply with the cancellation period, the cancellation declaration must be sent in good time or the delivery must be returned in good time.

Written cancellation must be sent to the following address by post:

grünten mode

Helingerstr. 27

D-87480 Weitnau

Germany

Or by email to:

kontakt@gruenten-mode.de

Consequences of cancellation

If applicable, compensation shall be carried out by both sides. If you are not able to return the products or additional costs (such as interest) in full or in part or are only able to return the products in a deteriorated condition, you must compensate us for the relevant value where applicable. This does not apply if the deteriorated condition is exclusively due to inspection of the goods - as in a shop, for example - or if the goods have been used in accordance with their purpose.

The relevant products can be returned by post. You can send the goods at your own expense to the following address:

grünten mode

Helingerstr. 27

D-87480 Weitnau

Germany

All compensation obligations must be fulfilled within 14 days. In your case, this period begins with the dispatch of your notification about the cancellation and in our case, with the receipt of the same.

We ask that you return the item using the original packaging and include all other documents relating to the product.

We do not take back worn items and items which were made to measure. In case of comlaints we are willing to improve a custom made garment as long as it's unworn.

End of cancellation declaration

15.2 Contractual right of cancellation

In addition to the legal right of cancellation for consumers and users in accordance with Section 15.1 above, we will allow you a contractual cancellation period of 30 days from the delivery date of the products (exceptions to this are products that are excluded from the returns policy in accordance with Section 15.4 below).

If you return the goods within the contractually defined terms and conditions of the right of cancellation, you will only receive a refund of the amount paid for these products.

You can exercise your contractual right of cancellation pursuant to the provisions in the above Section 15.1, Paragraph 3, or by returning the goods using one of the options specified in Section 15.3.

Please be aware that your contractual right of cancellation only applies to products that were returned in the condition in which you received them. If the use of an item goes beyond mere inspection such as could be carried out in, for example, a shop, no refund will be given for damaged items or items that are not in the same condition as when you received them.

Consequences of cancellation

If you cancel this Contract, we will immediately refund all payments received from you, including shipping costs, and in any event, no later than 14 days from the date on which this notification of your cancellation is received by us. For this refund, we only use bank transfer, not Paypal. Under no circumstances will we charge you for this refund. Notwithstanding the aforementioned, we may refuse the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which takes place sooner.

You must return or deliver the goods to Grünten mode, Helingerstr. 27, 87480 Weitnau, Germany immediately and no later than 14 days from the day on which you inform us of your cancellation of the contract. The period shall be deemed to have been complied with if you dispatch the goods prior to the expiry of the period of 14 days. Goods can be returned free of charge by post. You are responsible for the shipping costs. A return by cash on delivery is not possible.

We will check the returned items and inform you of your right to a refund for the amounts paid. The refund will take place as quickly as possible, and in any event, within 14 days from the date on which we received the notification of your request for cancellation. Notwithstanding the aforementioned, we may refuse the refund until we have received the returned goods or until you have provided evidence that you have returned the goods, depending on which takes place sooner. The refund will always take place with bank transfer.

15.3 General provisions

You do not have the right to cancel the Contract if it involves the delivery of one of the following products:

  1. Items that have been customised.
  2. Sealed goods that are not suitable for return due to hygiene reasons and that have had their seal broken after delivery.

We ask that you return the item using the original packaging and include all other documents relating to the product.

If you have any questions, you can contact us via email kontakt@gruenten-mode.de .

15.4 Return of defective items

If you believe that an item does not correspond to the contractual Terms and Conditions valid at the time of the delivery, you should contact us immediately and notify us of the details of the item and the damage. You can contact us via email kontakt@gruenten-mode.de and we will advise you of how to proceed.

We will inspect the returned item thoroughly and inform you within an adequate time period by email as to whether it should be repaired, replaced or the price refunded (depending on the individual case). The repair, replacement or refund of the amount for the defective item will take place as quickly as possible, and in any event, within 14 days of the date on which we notified you by email that you are entitled to a repair, replacement or refund of the amount for the defective item. If a repair is not feasible for financial reasons due to the associated costs, we will either refund the amount or replace the item.

The amounts paid for items that are returned due to damage or defects - if these are present - shall be fully refunded, including the shipping costs associated with the shipment of the items and the costs that you have incurred as a result of the return shipment to us. The refund always takes place via bank transfer.

Your statutory rights shall remain unaffected by this, in any event.

16. Liability and Liability Disclaimer

Insofar as it is not explicitly specified in these Terms and Conditions, our liability in relation to items that are sold on our website is limited to the purchase price of this item only.

Notwithstanding the Terms and Conditions above, our liability cannot be limited or rescinded in the following cases:

  1. In the event of death or personal injury caused by negligence on our part.
  2. In the event of fraud or negligent misrepresentation or

iii. In a case where it would be unlawful or illegal to exclude or limit our liability or intend to exclude or limit our liability.

Subject to the section above and insofar as it is legally admissible and if it is not defined otherwise in these Terms and Conditions, we shall not assume any liability for the following losses, regardless of the underlying cause:

  1. Losses of earnings or revenues
  2. Losses of business

iii. Losses of profit or contracts

  1. Losses of expected savings
  2. Data losses and
  3. losses of administrative or office time.

Due to the public nature of this website and the possibility of errors with saving and transmission of digital information, we assume no liability for the precision and security of the information transferred to or retrieved from this website, unless expressly stated on this website.

All of the product descriptions, information and materials provided on this website are "as is" and are provided without explicit or tacit guarantees, unless these are legally prescribed. If you conclude a Contract in this context as a consumer or customer, we shall be obligated to deliver goods in a contractually compliant manner, whereby we shall be liable to you in the event of breaches of contract at the time of delivery. The goods shall be deemed as compliant with the Contract if they: (i) Correspond to our description and the quality that is presented on the website, (ii) are suitable for the purposes for which items of this type are conventionally used and (iii) display the quality and performance that is usually and reasonably expected with items of this type.

Insofar as it is legally admissible, we exclude all warranties with the exception of those that legally cannot be excluded to the benefit of consumers and customers.

The – handcrafted - products sold by us frequently display the characteristics of the natural materials used during manufacturing. These characteristics - such as variations in fibres, texture, knots and colours - are not regarded as faults or damage. In fact they should be expected and appreciated. We only select the highest quality products. However, natural characteristics are unavoidable and should be accepted as part of the item's individual quality.

The provisions contained in this section shall affect neither your rights as a consumer and customer nor your right to withdraw from the Contract.

17. Intellectual Property

You hereby confirm and give consent that we or our licensor may retain all copyrights, trademarks and all other intellectual and industrial property rights to material or content that are made available to us as part of the website, at any time. You are only permitted to use this material in accordance with the explicit approval that has been granted by us or our licensor. This provision shall not prevent you from using this website to the necessary extent in order to copy information about your orders or contact details.

18. Viruses , Piracy and Computer Attacks

You are prohibited from knowingly misusing this website by introducing viruses, Trojans, worms, logic bombs or other software or materials that are damaging or technically harmful. You will not attempt to gain unauthorised access by devious means to this website, the server on which this website is made available or another server, computer or database that is related to this website. You undertake to refrain from attacking this website using a denial-of-service attack or distributed-denial-of-service attack.

Failure to comply with this clause can constitute the commission of an offence according to the applicable regulations. We shall notify the responsible authorities of any such violation of these legal stipulations and will cooperate with them to discover the identity of attackers. If you violate this clause, authorisation to use this website will immediately be withdrawn from you.

We are not liable for damages or losses as a result of a denial-of-service attack, virus or other software or materials that are damaging or technically harmful to your computer, your equipment, your data or your materials, which have been caused by the use of this website or by downloading content from this website or any linked websites.

19. Links on our Website

Our website may contain links to other websites or material of third parties. These links are exclusively for information purposes. We have no control over the contents of such websites or material. Accordingly, we shall not assume any liability for damages or losses resulting from the use of such links.

20. Written Communications

Applicable law makes provision for the fact that some of the information or notifications that we send to you must be in written form. By using this website, you accept that communication with us will primarily take place electronically. We will contact you by email or provide you with information by placing messages on this website. For contractual purposes, you consent to this form of electronic communication and confirm that all contracts, notifications, information and other messages that we provide you with in electronic form shall be regarded as the fulfilment of the legal requirement that these notifications must take place in written form. Your statutory rights shall remain unaffected by this provision.

21. Notifications

All notifications that you send to us should preferably be sent by email to kontakt@gruenten-mode.de . Subject to the provisions of Section 20 above, and unless otherwise specified, we may send you notifications either by email or by delivery to your postal address, which you provided us with when you placed your order.

A notification shall be deemed to have been received and properly completed as soon as it is posted on our website, 24 hours after an email has been sent or three days after the dispatch date of a letter. To provide evidence that messages have been sent it is sufficient to document that, in the case of a letter, this letter was properly addressed, stamped and dispatched and in the case of an email, that this email was sent to the recipient's specified email address.

22. Transfer of Rights and Duties

The Contract between you and us is binding both for you and for us and our respective successors, assignees and heirs.

You are not authorised to transfer, assign, assert or otherwise have disposal over a contract or any of your rights or duties in relation to such a contract without our prior written consent.

During the term of the Contract, we can transfer, assign, assert, pass on or otherwise dispose over the Contract, as well as all of our rights and duties within the context of the Contract, at any time. To avoid any misunderstandings, it is stated for the record that such a transfer, assignment, assertion or other disposal over your statutory rights as a consumer must not be impaired, depending on applicability, and the statutory warranty rights or warranties that have been explicitly or tacitly provided to you shall not be reduced or restricted in any way.

23. Events of Force Majeure

We are not liable or responsible for the non-fulfilment or delay in fulfilment of our obligations within the context of a contract, which is caused by events that lie outside of our control ("Event of Force Majeure").

Force Majeure includes all actions, events, events that have not occurred, omissions or accidents, which are out of our control, including, inter alia, the following cases:

  1. Strikes, lockouts or other labour disputes
  2. Civil unrest, uprisings, invasions, terrorist attacks or the threat of terrorist attacks, war (whether declared or not) or the threat of or preparation for a war

iii. Fires, explosions, storms, floods, earthquakes, collapses, epidemics or other natural disasters

  1. Impossibility of using trains, ships, aircraft, trucks or other means of public or private transport
  2. Impossibility of using public or private telecommunication systems
  3. Introduction or change of legal regulations, enactments, laws, ordinances by governments or authorities.

vii. All strikes, malfunctions or accidents in marine transport or inland waterway transport, the postal service or other types of transportation

Our duty to fulfil the Contract shall be suspended for the time period during which the Event of Force Majeure continues and we shall be entitled to an extension of the fulfilment period, which corresponds to the duration of this time period. We will employ best efforts to terminate the Event of Force Majeure or find a solution that allows us to fulfil our obligations within the context of the Contract, in spite of an Event of Force Majeure.

24. Waiver

If, at any time during the term of the Contract, we fail to insist on the strict fulfilment of your duties within the context of this Contract or these Terms and Conditions, or if we fail to exercise any rights or legal remedies to which we are entitled within the context of this Contract or these Terms and Conditions, this shall not constitute a waiver of these rights and legal remedies or a restriction of these rights or legal remedies and shall not release you from fulfilment.

A waiver on our part to a specific right or legal remedy shall not constitute a waiver of other rights or legal remedies arising from this Contract or these Terms and Conditions.

A waiver on our part in relation to your duties in accordance with this Contract or these Terms and Conditions shall only become valid once you have explicitly been notified that this is a waiver on our part, and this notification takes place in written form, as specified above in the Notifications section.

25. Scope of Conctract

These Terms and Conditions and all documents referred to herein shall constitute the entire Contract between you and us in relation to the contractual purpose and shall replace all previous agreements, arrangements or understandings between you and us, regardless of whether these are verbal or in written form.

You and we confirm that upon conclusion of a contract neither you nor we will call upon any declaration or arrangement that was issued by the other party or can be derived from any details or documentation of the negotiations that took place between you and us prior to concluding the Contract, unless this is explicitly stated in these Terms and Conditions.

Neither you nor we are entitled to any legal remedy in relation to a misstatement that took place either verbally or in writing prior to the date of contract conclusion (insofar as such a misstatement did not take place in a fraudulent manner). The only legal remedy of the other party is the legal remedy that applies for breach of contract, as intended in these Terms and Conditions.

26. Our Right to change terms and conditions

We are authorised to revise and change these Terms and Conditions at any time.

For you, the provisions, Terms and Conditions and Data Protection Policy that are in force at the time of using this website or placing an order shall apply, unless it is necessary to change these provisions, Terms and Conditions or Data Protection Policy by law or by order of an official governmental authority. In this case, any changes shall also apply to previously placed orders.

27. Law and Jurisdiction

The use of this website and all contracts for the purchase of products through our website are subject to German law.

All dispute cases that arise from or in relation to the use of the website or these contracts, are subject to the non-exclusive jurisdiction of the German courts.

If you conclude a contract as a consumer, this clause shall not affect your statutory rights, as recognised in the valid applicable legal provisions.

28. Comments and Suggestions

We are always pleased to receive your comments and suggestions. Please send all of your comments and suggestions to us via email at kontakt@gruenten-mode.de or via post at grünten mode, Helingerstr.27, 87480 Weitnau, Germany.

29. Copyrights and Texts

All pictures and texts on this website must only be used after written permission by grünten mode. Please respect our copyright on our collection- and product photographies as well as our intellectual property. You can get permission via email at kontakt@gruenten-mode.de. The copyright of pictures and texts remains with grünten mode even after permission to use.

30. PERMISSION TO LINK WWW.GRUENTEN-MODE.DE AND WWW.GRUNTEN-MODE.DE

This website must only be linked after written permission by grünten mode. Please help us to keep an overview who mentions us. You can get permission via email at kontakt@gruenten-mode.de

 

Last updated on: 05.09.2017


© 2017 grünten mode
grünten mode • atelier&onlineshop • helingerstr. 27 • d-87480 weitnau-hellengerst • kontakt@gruenten-mode.de • markt weinau, company number 09780144