General Terms and Conditions of bleed clothing GmbH

for Online Sales

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Version of 4th of February 2011

§ 1 Scope

(1) The present General Terms and Conditions shall apply, in the version current at the time when a given contract is concluded, to all business relations between bleed clothing GmbH (hereinafter referred to as bleed) and their Customers for orders placed at the bleed Online Shop. This document can be printed or saved ("Save file as").
(2) The General Terms and Conditions of bleed shall apply exclusively. Any terms to the contrary or any conditions on the part of the Customer which diverge from the General Terms and Conditions of bleed will not be recognized unless bleed have, in writing in individual cases, given their express consent to them.

§ 2 Formation of Contract

(1) Articles are sold only in small amounts. The display of the product range of bleed on Internet-compatible computers does not represent an offer pursuant to Sections 145 pp. of the German Civil Code (BGB). It is subject to confirmation and non-binding.
(2) By placing an order at bleed on the Internet, via E-mail, telephone, fax or any other means of communication, the Customer submits an offer pursuant to Sections 145 pp. of the German Civil Code, to conclude a contract of purchase with bleed. The Customer shall receive, via E-mail, a confirmation that its order has been received (order confirmation). In case of possible errors in the product range details on the home-page, bleed shall, if need be, inform the Customer and submit an alternative offer, accordingly.
(3) If bleed accept such an offer, a contract with bleed shall result once bleed dispatch the ordered product to the Customer or if they confirm the dispatch to the Customer.
(4) Orders are deemed accepted under reservation of legal admissibility and availability of the ordered goods or services, and are, in particular, subject to correct and punctual supply to ourselves. If bleed cannot accept the offer of their Customer, the Customer shall, instead of receiving an order confirmation notification, be informed about the non-availability. Any payments that have already been made by the Customer shall be reimbursed right away.

§ 3 Delivery, Shipping Costs, Online Parcel Tracking

(1) bleed shall deliver the goods ordered by the Customer to the address indicated in the order form as quickly as possible. bleed shall, at all times, be entitled to part deliveries and performance by successive instalments, provided that the Customer can reasonably be expected to accept them. In the event that bleed should effect any part deliveries, the corresponding additional costs shall be borne by bleed.
(2) Any statements concerning the expected delivery period shall be non-binding, unless, in individual cases, bleed have made a promise to this effect in writing. As a rule, the delivery period shall be 2 to 3 working days after receipt of order, which, however, shall not apply in case of receipt of order on Sundays and public holidays.
(3) Within Germany, bleed shall charge a flat rate for packaging of 3,00 euros for each order.

For orders from countries other than Germany, our shipping and handling costs are listed below:

	Germany	Austria	EU-countries* inclusive Monaco	Worldwide inclusive Switzerland and Liechtenstein
Shipping- and handling costs	3,- EUR	5,- EUR	9,- EUR	14,- EUR
Free of shipping costs as from	40,- EUR	55,- EUR	90,- EUR	150,- EUR
*Belgium, Netherlands, Luxembourg, Denmark, Czech Republic, France, Great Britain, Poland, Slovakia, Italy, Slovenia, Hungary, Sweden, Ireland, Spain, Portugal, Finland, Estonia, Latvia, Lithuania, Bulgaria, Romania, Greece, Malta, Cyprus

(4) In case of importation of goods into countries other than Germany, there may be import charges to be borne by the Customer. These vary according to the respective customs territories. The Customer shall be responsible for seeing to it that the required customs duties and charges are duly paid.
(5) The given prices are, without exception, gross prices, i.e., they contain all price components - including all taxes, in particular the sales tax.
(6) bleed has the right to select which form of shipping is suitable unless an explicit agreement is made with the customer.

§ 4 Due Date and Payment

(1) bleed can only accept the following methods of payment: prepayment, cash on delivery and by Pay Pal. If prepayment is chosen as the method of payment, the goods shall only be delivered after the total amount has arrived into our account. Please do not effect the payment before receiving the order confirmation. If cash on delivery is chosen, there shall be an extra c.o.d. charge of at least 5.00 euros to be borne by the Customer. In addition to the c.o.d. charges, there will be shipping costs pursuant to Section 3 (3).
(2) bleed reserves the right to not make one or more methods of payment, as stated in Section 4 (1), available to individual Customers.
(3) The purchase price as well as any incurred shipping costs shall be due at the conclusion of the contract.
(4) Especially in certain cases when, at the time of receiving the order, there are already dunning runs as a result of overdue past invoices, bleed reserve the right to insist on cash in advance to the amount of the order value. The same shall apply if the invoiced value of all orders, the total sum of any open invoices or already dispatched goods exceeds 200 euros when such new orders are placed. In such an event, the order will only be processed after payment has been received.
(5) If a Customer is in arrears, bleed are entitled to demand default interest amounting to 5 per cent above the respective basic lending rate (Section 247 of the German Civil Code). bleed´s right to claim higher damages shall remain unaffected by this.

§ 5 Withdrawal 

Right to revoke
You can revoke your contractual statement in writing (e.g. by letter, fax, E-mail) within 14 days without stating reasons or - if the goods become your possession prior to the expiration of the time limit - by returning the goods. The stated period of time starts at the earliest on receipt of this information in writing but not before receipt of the goods by the recipient (according to perseverative delivery of similar goods the stated period of time does not start before the receipt of the first part-delivery) and not before the performance of our duty to inform according to Para. 312 c (2) BGB in connection with Para 1 (1), (2) and (4) BGB-InfoV as well as our obligations according to Para. 312g (1) Sentence 1 BGB in connection with Para. 3 BGB-InfoV. To observe the withdrawal period, it shall suffice to send the cancellation or the goods in time. Any withdrawal shall be addressed to:
bleed clothing GmbH, Bacchusweg 19, D-95233 Helmbrechts, Germany
E-Mail: info[at]bleed-clothing.com
Telefax: +49 (0) 9252 - 350268

Withdrawal consequences
In the event of a binding withdrawal, goods and services received on both sides and, if applicable, benefits derived therefrom (e.g. interest) shall be given back. If you cannot return the goods/services received or if you can do so only in part or in a worse state, you may be obliged to replace the value.
This shall not apply to the surrender of goods if the deterioration of the goods can be exclu-sively traced back to their testing, which would have been possible for you in case you had bought them in a shop. Furthermore, you may avoid the obligation of value replacement for any deterioration incurred as a result of using the goods as required by not using the goods like your property and by avoiding anything and everything that could impair their value. Goods that can be sent by parcel delivery shall be returned at our risk. You have to bear the costs to return them if the goods delivered are the ones you ordered and if the price of the goods to be returned does not exceed 40 euros or if, in case of a higher price of the goods, you have neither, at the time of withdrawal, rendered any service in return nor made any partial payment as agreed in the contract. Otherwise, reshipment of the goods is free of charge for you. Goods that cannot be sent by parcel delivery shall be collected from you. Any obligations to refund payments must be fulfilled within 30 days. For you, the deadline starts when you send your withdrawal notice or the goods, for us with the receipt thereof.

End of withdrawal instructions


§ 6 Shipping and return costs in case of revocation respectively return

(1) The customer bears the costs to return them if the goods delivered are the ordered ones and if the price of the goods to be returned does not exceed 40 euros or if, in case of a higher price of the goods, the customer has neither, at the time of withdrawal, rendered any service in return nor made any par-tial payment as agreed in the contract.
(2) The dispatching costs are to be repaid to the customer, if the customer exercises his/her right of revocation or return.

§ 7 Warranty terms

The warranty terms are based on the following regulations:

(1) Claim for Supplementary Performance
bleed shall assume liability within the legal regulations for any defects that exist when the goods are handed over. In the case of contracts with Customers pursuant to Section 13 of the German Civil Code, the warranty period is two years upon delivery of the goods.
In the case of orders placed by Customers who, according to Section 14 of the German Civil Code, are entrepreneurs, the warranty period is limited to one year.
Consumers have the choice whether the supplementary performance is to take place via remedy or replacement. bleed is entitled to refuse the kind of supplementary performance chosen when it is too expensive and the other supplementary performance presents no significant disadvantage to the consumer.
Upon the request of bleed the customer must send, for the purpose of supplementary performance, to support expeditious handling, the faulty goods directly to bleed, whose address will be communicated to the customer by bleed. Forwarding expenses resulting will be refunded to the customer.

(2) (2) If a Customer received a faulty or damaged product in spite of diligent quality controls, it may contact the customer service of bleed from Monday to Thursday between 09.00 and 17.00 and on Fridays between 09.00 and 14.00 o‘clock. They can be reached as follows:
E-mail: dieter[at]bleed-clothing.com
Telephone: +49 (0) 9252 / 35 02 67
Telefax: +49 (0) 9252 / 35 02 68
In the event of reshipment, the customer is asked to use the return form (online available and printable at www.bleed-clothing.com and to enclose the form with the return consignment) and to describe the reason of retour briefly. Furthermore, the Customer is requested to indicate whether it wishes to receive a reimbursement or a substitute.

(3) Other warranty claims
In the event that the supplementary performance proves a failure or if we have refused the subsequent performance altogether, the customer may, at his own discretion in accordance with the legal rules and regulations, choose a reduction in payment (reduction of purchase price) or cancellation of the contract (revocation), demand compensation for damages or replacement of wasted expenditures. If the purchaser claims for compensation of damages, the limitation of liability in § 10 of these terms and conditions apply.

(4) Notice of defect
Entrepreneurs must give written notification of obvious defects in the article to the contact address written below within a period of two weeks after receiving the article/s; otherwise, the guarantee claim is no longer valid. The notice of defect is valid as long as it is forwarded on time. The entrepreneur has the full burden of providing proof for all of the claim requirements, especially with regard to the defect itself, when the flaw was detected, and ensuring that the notification of defects is forwarded on time.

(5) If, upon the expiration of the warranty periods pursuant to Section 7 (1) or Section 7 (4), damage should become apparent in products purchased from bleed, there is the possibility of having them repaired at bleeds or their suppliers or manufacturers expense. Customers can find out more about this option by calling the following telephone number of bleed:
Telephone +49 (0) 9252 / 35 02 67
It may be possible to send an estimate of the costs.

(6) Transport Damage
In case of damage caused during transport, the customer is requested to notify bleed of this as soon as possible and to support this claim assertion to his best abilities with the respective transport company or with the transport insurer.

§ 8 Addresses

bleed clothing GmbH
Managing director:
Michael Spitzbarth
Dipl. Designer (FH)
Bacchusweg 19
D-95233 Helmbrechts - Germany
Fon +49 (0)9252-350267
Fax +49 (0)9252-350268
Registration court: Local court Hof/Saale HRB 4443
www.bleed-clothing.com
E-Mail: info[at]bleed-clothing.com
Turnover tax ID No.: DE263532812
(2) The return address can be found on the delivery note. Otherwise:
bleed GmbH, Bacchusweg 19, D-95233 Helmbrechts, Germany

§ 9 Privacy Policy

Thank you very much for your interest in our homepage and our company. We would like to draw your attention to the fact that we cannot assume any responsibility for external links to third parties' contents despite our carefully checking such contents.

The privacy and protection of your personal data is very important to us when we collect, process and use such data upon your visit to our website. Your data is protected according to the applicable statutory provisions. More information on which data are collected and used during your visit to our homepage is given here below:

(1) Collection and processing of personal data
Each access to our homepage and each processing request with regard to files you find on our homepage will be traced. Data is stored for internal system-related and statistical purposes only. The following data will be traced: name of the file recalled, date and time of the recall, size of data transferred, message about successful recall, web browser and recalling domain.

Also the IPs of recalling computers will be traced.
Personal data exceeding the above mentioned information is collected only if provided by you voluntarily, for instance in the framework of an enquiry or purchase.

This website uses Piwik, a web analytics open-source software. Piwik uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address anonymized prior to its storage) will be stored on our server www.bleed-clothing.com. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.



(2) Utilization and Forwarding of Personal Data
If you provide us with personal data, such data will only be used for implementing contracts, for processing your enquiries and for technical administration purposes.
However, information and newsletters can be sent to the Customer. The latter shall, however, have the right to contradict such use at any time. Such revocation shall be addressed to:
Brief: bleed clothing GmbH, Bacchusweg 19, D-95233 Helmbrechts, Germany
E-Mail: info[at]bleed-clothing.com

We will forward or otherwise transfer your personal data to third parties only if this is required for the purposes of contract processing - especially with regard to the forwarding of order data to the supplier - for the purposes of invoicing or after we have been given your prior consent. You are entitled to cancel a consent given at any time with effect for the future.
Stored personal data will be deleted as soon as you cancel your consent to its storage, when they are no longer required to serve the purpose it was stored for or if its storage is not permitted due to other statutory reasons.

(3) Right to information
Upon your written request we will inform you about all your personal data stored. For this purpose or for any further information or explanations please contact the data protection officer at bleed clothing GmbH, Bacchusweg 19, D-95223 Helmbrechts, Germany or send an email to info[at]bleed-clothing.com.

Security advice: By taking all appropriate technical and organisational measures, we always endeavour to store your personal data in such a way that it cannot be accessed by third parties. We cannot guarantee the complete safety of data with regard to the sending of emails; this is why we recommend to send confidential information by mail.

(4) Cookies
Cookies are used in several place on our website. These are items of data which are sent to the user`s web browser by the web server and stored there for later use. Their purpose is to make the presentation of our merchandise on the Internet more convenient, effective and secure. Cookies do not harm your computer and do not contain any viruses. They are recorded and stored on a solely anonymous basis or with a pseudonym and cannot be traced back to you as a private individual.

§ 10 Liability
(1) bleed shall have unlimited liability for any damage caused intentionally or by gross negligence, in case of fraudulent non-disclosure of defects, guaranteed quality as well as personal injuries. The provisions of the Product Liability Law shall remain unaffected.
(2) In case of other damages caused by simple negligence, bleed shall only be liable if a duty is neglected the observation of which is of particular importance to attaining the purpose of the contract (cardinal duty) and if, as a result of the contractual use of the goods, such damages are typical and foreseeable. Any further liability for damages, in particular, for any damage which has not been caused to the object of delivery itself, for loss of profit or any other damage to property shall be excluded. In as much as the liability of bleed is excluded or limited, this shall also apply to the personal liability of employees, representatives or vicarious agents (i.e. persons employed in performing an obligation).

§ 11 Final Clauses
(1) The legal relations between the Customer and bleed shall be governed by German Law without the rules of incorporation of some of the provisions of foreign law as terms of the contract of the International Private Law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the Customer is also the consumer, the laws at the Customer‘s place of residence may be applicable provided that mandatory consumer regulations are concerned.
(2) In the event that the Customer is a businessman, Hof shall be the exclusive venue for all claims in connection with the business relationship.
(3) In the event that any one or several provisions of these General Terms and Conditions should be to-tally or partly ineffective or lose their legal effectiveness subsequently, then the effectiveness of the other Terms and Conditions shall remain unaffected.