General Terms and Conditions
§ 1 Scope
The following General Terms and Conditions shall apply to all contracts concluded with The Edge GmbH concerning the acquisition and supply of goods via the online store under the internet address www.speakinggarments.com. The Edge GmbH does not recognise any deviating conditions of the customer unless these have been expressly approved as valid by The Edge GmbH.
§ 2 Prices and Shipping Costs
The prices quoted in the online store include statutory VAT. Every delivery is subject to a shipping fee of 5,00 Euro. for deliveries within Germany. Shipping costs for delivery abroad can be found under shipping disclaimer.
§ 3 Ordering Process and Conclusion of the Contract
Orders may only be placed by persons over 18 who have a residential address in the European Union. Orders for goods may only be placed for normal quantities. Orders for commercial purposes shall not be permitted.
Goods presentation in the online store shall not constitute a legally binding request to conclude a purchasing contract. Rather this presentation is a non-binding invitation to order goods from the online store.
By clicking the “Order Now and Proceed to Payment” (“Jetzt zahlungspflichtig bestellen”) button you issue a binding request for purchase (§ 145 of the German Civil Code (BGB)). To this end, prior to concluding the ordering process a confirmation window will appear in your display with the details of your order. Here you can check and correct your details once again.
Once the purchase request has been received you will receive an automated e-mail reply confirming that we have received your order (confirmation of receipt). This confirmation of receipt still does not constitute acceptance of your purchase request. A contract shall not yet come into being merely on the basis of the confirmation of receipt.
A purchasing contract shall only come into being when we expressly declare we accept the purchase request or if we send the goods to you – without any prior express declaration of acceptance.
§ 4 Our Contact Data
Your contractual partner is:
The Edge GmbH
Tel.: +49 221 27 73 604
Represented by Managing Director Ms Michelina Miccio
listed in the trade register at the local court of Cologne as HRB 83301.
§ 5 Methods of Payment
Payment can be effected either:
on account in advance,
by credit card
Should you opt to pay in advance we will state our bank details in the order confirmation. You must then transfer the invoiced amount to our account within 10 days.
We accept the following credit cards: Mastercard, Visa oder American Express. When paying by credit card you must inform us of the card number, the card verification code and the expiry date of the credit card. Upon issue of the invoice, the invoiced amount will be debited from your credit card.
When paying by direct debit you must bear any costs arising as a result of the reverse booking of a payment transaction due to insufficient funds or due to incorrectly transmitted bank details.
§ 6 Delivery
The goods will be delivered to the specified delivery address. The goods will be delivered in Germany within 3 – 5 working days from the day we receive the invoiced amount in the event of payment in advance or by direct debit or 3-5 working days from the day you receive our declaration of acceptance in the event of payment by credit card or PayPal. Deliveries to other EU countries shall be effected within one week as described above dependent on the method of payment.
§ 7 Right of Cancellation
You are entitled to a legal right of cancellation as described below:
Right of Cancellation
You are entitled to cancel this contract within fourteen days without the need to state your reasons.
The cancellation deadline shall be fourteen days from the day you or a third party named by you who is not a carrier, take(s) possession of the goods.
To exercise your right of cancellation you must inform us at The Edge GmbH, Benesisstraße 31, 50672 Cologne, e-mail: firstname.lastname@example.org of your decision to cancel this contract by means of a clear declaration (e.g. a letter dispatched by post, by telephone, fax or e-mail). You may use the enclosed sample cancellation form, however this form is not obligatory.
To safeguard the right of cancellation it shall be sufficient for you to send off the cancellation notification before the cancellation deadline.
Consequences of Cancellation
Should you cancel this contract we must, immediately and within fourteen days from the day notification of cancellation has been received by us, pay back to you all payments received from you including the delivery costs (with the exception of additional costs arising from you selecting a means of delivery other than our standard, least expensive delivery service). For this repayment we shall use the same method of payment used by you for the original transaction unless another arrangement was expressly agreed with you; under no circumstances shall fees be charged to you as a result of this repayment.
We can refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, depending on whichever comes first.
You must return or hand back to us the goods immediately or in any case within fourteen days from the day on which you inform us of your wish to cancel this contract. The deadline is honoured if you dispatch the goods before the fourteen-day deadline has expired.
You shall bear the immediate costs for returning the goods.
You must only cover any loss in the value to the goods if this loss in value is attributable to treatment not necessary for the inspection of the properties, features and functioning of the goods.
§ 8 Costs of Return in the Event of Cancellation
In the event of cancellation you must bear the immediate costs of returning the goods.
§ 9 Undeliverable Items
If we do not accept an order for this reason, because the ordered item is no longer available, we shall inform you of this immediately. Any payments effected shall in this case be reimbursed.
§ 10 Non-Accepted and Non-Collected Packages
We reserve the right to charge you for non-accepted and non-collected parcels (e.g. for processing, packaging and shipping). We shall not be entitled to this right if you prove to us that no costs or very few have arisen for us. We also charge no fee for non-accepted and non-collected parcels if you have, by the time the goods are delivered to yourself or the designated parcel collection point, declared to us your revocation of the contract declaration. The key date here is the time the revocation is sent.
§ 11 Warranty
Unless otherwise agreed, your warranty claims shall be determined by the legal provisions of the sales law (§§ 433 et seq. of the German Civil Code (BGB)).
§ 12 Retention of Title
Until complete payment has been effected the goods remain our property.
§ 13 Dispute Resolution
The European Commission has set up a platform for online dispute resolution (ODR) that you can find here: http://ec.europa.eu/consumers/odr. We are legally bound to state these details. We shall, however, not take part in this kind of dispute resolution.
§ 14 Applicable Law
For all disputes arising or on the basis of this agreement German law shall apply with the exception of the UN sales convention. This choice of law shall only apply to the extent that the consumer is not denied obviously applicable consumer protection provisions of the country the consumer has their usual place of abode in at the time of their order.