Workwear. Made in Germany. Loved overseas.

General Terms & Conditions of Trade

for Business initiated via Means of Telecommunication (Status: Februar 2007).

Instructions on withdrawal

 

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 (Harriet Deris, Berthold-Bott-Str. 40, 76703 Kraichtal, Email: info@dancing-chef.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 us, 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.

 

--- Anlage Muster-Widerrufsformular ---

 

 

Model withdrawal form

 

(complete and return this form only if you wish to withdraw from the contract)

 

- To

Harriet Deris

Berthold-Bott-Str. 40

76703 Kraichtal

 

Email: info@dancing-chef.de

 

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

 

- Ordered on (*)/received on (*),

 

- Name of consumer(s),

 

- Address of consumer(s),

 

- Signature of consumer(s) (only if this form is notified on paper),

 

- Date

 

___________

(*) Delete as appropriate.

 

Harriet Deris, 76646 Bruchsal, Germany, operates a sales platform for cooking fashion at the URL http://www.dancing-chef.de.

The sales platform at the aforesaid URL is available in the German and in the English language. After a contract has been concluded, the wording of the contract is stored by Dancing-chef (hereinafter “Seller”) in that the order information is preserved.

For the purpose of these General Terms & Conditions of Business (“GT&C”) the terms defined hereinafter, including their plural forms, shall have the meaning set out below:

Customer: Any natural or legal person or business partnership that concludes a purchase contract with Seller. Consumer: Any natural person who does not act for the purposes of his commercial or independent professional occupation when concluding the purchase contract. Businessman: Any natural or legal person or business partnership acting for the purpose of exercising its commercial or independent professional occupation when concluding the purchase contract. Purchase Contract: The contract between Seller and Customer for the purchase of goods.

1.Scope of application

These GT&C shall apply exclusively to Purchase Contracts between Seller and Customer; deviating or opposing Customer terms & conditions shall not be accepted unless Seller has approved them in writing in the particular case.

2.Ordering, making of a contract

2.1 The presentation of the range of goods on the platform shall not be deemed a legally binding offer but qualify as non-binding information.

2.2 Customer orders the requested goods (so-called “declaration of contract”) by sending the information to be entered completely into the internet order mask. Customer may review and, if required, correct his details before sending them out; promptly after sending out the information Customer will receive an e-mail confirming receipt of the order; this e-mail confirmation does not yet constitute Seller’s acceptance of the order.

2.3 A contract comes into existence only if Seller accepts the declaration of contract by transmitting a confirmation of acceptance to Customer and requesting Customer to pay the purchase price.

3.Purchase price, due date, payment, dispatch

3.1 Prices quoted on the platform are understood to be gross prices (incl. VAT, if applicable) plus packaging and transport costs [insuranced] Above an order volume of EUR 150,00, Seller will deliver without cost. For deliveries abroad, Seller will notify Buyer about the costs of delivery (duties, transport and taxes).

3.2 The purchase price falls due immediately on the conclusion of the Purchase Contract and shall be paid within seven days.

3.3 Unless agreed otherwise the goods will be dispatched after receipt of the purchase price.

4.Right of revocation, consequences of revocation

If Customer is a Consumer he is entitled to the following rights of revocation.

4.1 Revocation advisory Customer shall have the right to revoke his declaration of contract in writing (e.g. by letter, fax, e-mail), or by returning the goods, within two weeks after the receipt of the goods and of this advisory in writing (receipt of the goods without this advisory, or receipt of the advisory without the goods, shall not trigger the period for revocation), without having to state any reasons. The timely dispatch of the notice of revocation or the timely return of the goods shall be sufficient for the observance of the period for revocation.

Notice of revocation and the returned goods shall be addressed to:
Dancing Chef
Berthold-Bott-Str. 40

76703 Kraichtal

+49 178 427 74 38
Germany
E-Mail:info[at]dancing-chef.de
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No right of revocation shall exist for deliveries of goods prepared in accordance with Customer’s instructions, goods which are clearly customized to Customer’s personal requirements or whose quality makes them unsuitable to be returned, deliveries of audio or video recordings or software, provided Customer has opened or damaged (breaking of the seal) the sealed package, or deliveries of newspapers, journals and magazines.

4.2 Consequences of revocation In the event of an effective revocation all performances received by either party shall be returned, and any benefits derived shall be surrendered. If Customer is unable to return the performance received, in whole or in parts, or able to return it only in a deteriorated condition, he shall refund Seller for the loss in value, where appropriate. However, the goods shall not be deemed deteriorated if the deterioration is due to an examination of the goods Customer would have been able to perform, for instance, in a store. However, it is question of a deteriorated condition if Customer does not return the goods in their undamaged, complete original packaging (outer packaging, interior cardboard boxes and plastic support, protective film). Customer may avoid the duty to refund a loss in value by not starting to use the goods like a proprietor and by refraining from anything likely to impair the value of the goods. If any goods are returned out of a delivery whose total order value came to EUR 40 or less, or if Customer, in the case of a higher price of the goods, at the time of revocation has not provided the consideration or a contractually agreed partial payment, Customer shall bear the costs of the return provided the goods delivered are conform to the goods ordered. In all other cases the return shall be free of charge for Customer.

5.Reservation of title

5.1 The goods delivered by Seller shall remain the property of Seller as reserved goods until all claims under the Purchase Contract between Customer and Seller have been settled.

5.2 Prior to the passing of title Customer shall dispose of the goods only with Seller’s prior written consent. In the event of any third party intervention, in particular the attachment of the goods, Customer shall notify Seller in writing without delay and inform the third party without delay of Seller’s reservation of title.

6.Warranty

6.1 Seller represents and warrants that the goods are free from defects in quality within the meaning of the German Civil Code. In the event the goods are defective, Customer shall be entitled to the statutory warranty claims unless otherwise agreed below.

6.2 If Customer is a Businessman, the following provisions shall apply additionally in the case of new goods – in the case of used goods, warranty claims of a Businessman (with the exception of claims for damages according to sec. 7 below) shall be excluded:

6.2.1 Customer shall – provided he is a merchant (in the meaning of the German Commercial Code) – comply with his duties of notification of defects pursuant to Sec. 377 HGB (German Commercial Code). Seller shall be notified in writing of any obvious defects without delay but at the latest 7 days after the receipt of the goods. Seller shall be notified in writing of any hidden defects without delay but at the latest 7 days after the discovery of the defect. If no notification of defects is made, the delivery is deemed free from defects and approved.

6.2.2. If Customer notifies a defect in due time, he shall at Seller’s option be entitled to claim the free-of-charge rectification of the defect or delivery of goods free from defects (subsequent performance). Seller may refuse a specific kind of subsequent performance or subsequent performance as a whole if it would incur unreasonable costs.

6.2.3 If subsequent performance pursuant to sec. 6.2.2 fails or is refused, Customer may at his option withdraw from the contract or reduce the remuneration. Subsequent performance shall at the earliest be deemed failed after three unsuccessful attempts.

6.2.4 Any returns of defective goods to Seller for the purpose of subsequent performance require Seller’s approval in writing. The risk of accidental loss or accidental deterioration of the returned goods shall pass to Seller only upon delivery to Seller’s business domicile. If Seller delivers a replacement for the purpose of subsequent performance, Customer shall without delay return the originally delivered goods. Any replaced parts shall become the property of Seller.

6.2.5 Warranty claims become statute-barred 12 months after the delivery of the goods unless the defect has been fraudulently concealed or relates to a guarantee as to the quality of the object.

6.3 As for used goods, Customer’s warranty claims become statute-barred 12 months after the start of the statutory limitation period; in all other cases, the statutory provisions apply.

6.4 Seller shall be liable for damages only in the limits of sec. 7 below.

7.Liability

7.1 Seller shall be liable for damage caused by intent and gross negligence and for any breach of an essential contractual duty (major obligation). Seller’s liability for breaches of a major obligation by slight negligence shall be limited to damage typical for the contract and foreseeable at the time the contract was concluded.

7.2 Seller shall not be liable for breaches by slight negligence of accessory obligations which are not major obligations.

7.3 Seller shall be liable for cases of original impossibility only if Seller was aware of the impediment or was unaware of it due to gross negligence, unless this concerns a major obligation.

7.4 The above exclusions of liability shall not apply in cases of fraudulent concealment of defects or if a warranty as to quality has been assumed, to the liability for claims under the Product Liability Act, and to cases of personal injury (life, body, health). This shall not entail a change of the burden of proof to Customer’s disadvantage.

7.5 Any exclusion or limitation of Seller’s liability shall also apply to the personal liability of Seller’s employees, staff, representatives and vicarious agents.

7.6. With the exception of claims based on tortuous acts, Customer’s claims for damages, provided Customer is a Businessman and the claims are subject to limited liability under this section, shall become statute-barred one year from the start of the statutory limitation period. As for Customers who are Consumers, the statutory limitation periods apply.

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8.Data protection

8.1 Seller may use the personal data in the limits of its performances, Seller shall have the right to transfer personal data to its providers of payment transaction, logistics and transportation services within the limits necessary to render the contracted services and to fulfill the contract.

9.Miscellaneous

9.1 Unless otherwise agreed, any assignment of rights and obligations under this contract by Customer to a third party requires Seller’s prior written consent, which shall be withheld only for justified reasons.

9.2 Any set-off by Customer shall be excluded unless the counter-claim has been defined by final enforceable judgment, is ready for decision or uncontested. Other than that, Customer, provided he is a Businessman, may exercise a right of retention in view of claims of Seller only if it is based on claims from the same contractual relationship which are uncontested, ready for decision, or defined by final enforceable judgment.

9.3 The Purchase Contract shall be governed exclusively by the substantive laws of the Federal Republic of Germany, with the exclusion of the UN Convention on the International Sale of Goods (CISG).

9.4 If Customer is a merchant, the court at Seller’s domicile shall have exclusive jurisdiction for all disputes arising in connection with the implementation of the Purchase Contract, and the Seller’s domicile shall be the place of performance. The same applies if Customer has no domicile in a Member State of the European Union. In either of these cases, Seller shall also have the right to sue Customer at any other permissible place of jurisdiction or to appeal to a court of arbitration domiciled at the Seller’s domicile as plaintiff. If the dispute is decided by a court of arbitration, the decision shall be final and in accordance with the rules of procedure of Deutsche Institution für Schiedsgerichtsbarkeit (DIS) (German Institution of Arbitration).

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Data Protection Statement

Introduction

This is the data protection statement Dancing-Chef.com. Its purpose is to provide information about the treatment of personal data retrieved via this website.

I. The statutory requirements

Our customers’ data are processed in accordance with the requirements of teleservices data protection acts. Accordingly, we have the right to use personal data for the purpose of processing, provided this is required to establish, devise the contents of, or amend a contract (master data) and to render and, if applicable, bill the services (use data). Use data will be processed and used after the end of a use only to the extent required for billing, if applicable (billing data), this includes the transfer of the data to third parties, where required to determine the remuneration and to bill a use. In the event that our customers request individual proof of the use of specific offers, billing data will be stored for a maximum period of six months after the posting of the bill, unless objections are raised against a bill or payments remain outstanding.

Unless objected to by our customers, we are allowed for purposes of advertising, market research and for the customized design of our services, to draw up use profiles using pseudonyms for our customers. Please direct any objections in this respect to info[at]dancing-chef.de. We are in no event permitted to combine any use profile with the data about the customer behind the pseudonym.

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II. Data protection at Dancing-Chef.com

1.Data processing

When you place an order, we may ask you for your name, address and payment details. These data will be used for the following purposes:

  • rendering and billing our services;
  • processing your order and information about the progress;
  • information about our products and services or the products and services of other companies selected on basis of your personal preferences; if you do not wish to receive such information, please contact our service desk info[at]dancing-chef.de;
  • transfer of data to third parties as required by the law.

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2.Cookies

We may use cookies on our website which your browser will store on your PC. Cookies will be used in the ordering process to store information about your order. Also, cookies will store information (including, for example, the settings of your PC and the preferences you have indicated) to facilitate your future visits to our website. This information includes neither names nor addresses nor any other personal data such as credit card details, which you may have submitted. You can set up your browser so no cookies are accepted when you visit our website. Should you opt against cookies, however, you may not be able to make use of all the possibilities offered by our website or be denied access to certain parts of our website.

3.Transfer of data to non-EU countries

For technical and operational reasons, it may be required to transfer your data to (the servers of) companies cooperating or affiliated with us, which are situated in Europe or other countries outside Europe, and whose data protection requirements may not offer the same level of protection as the European Union. However, we shall at all times take the appropriate measures to ensure optimum protection of your data.

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4.Viewing and correction of your data

If you wish to view the data we have stored about you, or to amend your data, please contact our customer service via info[at]dancing-chef.de.

5.Amendments

This data protection statement remains subject to amendment. Amendments, if any, will be publicized on this website.

6.Questions

If you have any questions about this data protection statement or on our data protection policy, please e-mail our customer service via info[at]dancing-chef.de.