TOS

General Terms and Conditions
I. General, Customers, Language


1. All sales contracts, deliveries, offers, and services made between Cammello Maculato GmbH, hereinafter Seller, and its customers (each, a Customer) shall be governed by these General Terms and Conditions of sale (hereinafter referred to as: GTC). This includes any order on our onlineshop www.cammello-maculato.com (hereinafter referred to as: website-shop). The General Terms and Conditions are part of all of our purchase contracts with our customers in relation to all goods / services offered by us.

2. The product offerings on the website-shop are directed to both consumers and business customers, as defined in the German Civil Code, but in each case only to final consumers.

3. Standard business conditions of our business customer do not apply, regardless of whether or not we expressly object to them in a particular case.

4. 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 ordering process. Therefore, if the order is made on our German or English website, exclusively the suitable language version of the General Terms and Conditions shall be relevant.

II. Conclusion of Contract

1. Our offerings published on www.cammello-maculato.com are non-binding. All offers and prices contained in brochures and other advertising material are without engagement.

2. By placing an order in the website-shop, which requires prior registration and acceptance of these General Terms and Conditions, the Customer makes a binding offer to purchase the chosen product/s. The offer shall remain valid and binding for a period ending on the end of the fourteenth day following the day of the offer.

3. We will send a confirmation of receipt to the Customer onto the order by email, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (also possible by email) acceptance of the order within the acceptance period or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.

III. Right of revocation and cancellation

1. Every Customer who is regarded as a Consumer according to 13 of the German Civil Code shall be entitled to revoke the contractual offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process and sent via email.

2. The right of revocation shall be declared within 14 days without giving reason by a declaration of the Customer in text form (e.g. letter, fax or email) or oral if this is delivered to the Customer before the time limit of the revocation period. The deadline begins after receipt of this instruction in text form (e.g. letter, fax or email) and the receipt of the goods by the recipient.

3. Due to the characteristics of our products as lingerie fashion the good must be seen as a hygiene product. Thereby in the context of statutory regulations the goods are included in the right of revocation only, if it is not unsuitable for further marketable uses. As far as the compliance of the usual care and attention while inspecting the characteristics of the product and its functionality equivalent to a dress fitting in a store by the Customer (in example on other undergarments or comparable effective measures) is not maintained and as a result of this the good becomes dirty or gets contaminated in a similar way (through body fluids, makeup, etc.), a lack of marketability occurs and the right of withdrawal is therefore excluded. Furthermore, there is no right of withdrawal in distance contract for the supply of goods which were manufactured according to Customer specifications or clearly tailored to personal needs of the Customer.


4. A valid revocation has the effect to return the services both parties received and the issuance of any benefit obtained. As far as the Customer is unable to reimburse either in total or partially or only in deteriorated state the received services, the Customer is required to offer a compensation of equal value. For the derived deterioration and benefits only the Customer must pay compensation, if the benefits or the deterioration can be attributed to a treatment with the good beyond an inspection of the characteristics of the product as it would be possible and usual in a retail store. In other respects the Customer can avoid the obligation to compensate for deterioration due to the utilization of the product as intended by not using the goods as if they were your property and by refraining from doing anything that could affect their value.

5. The Customer shall bear return shipment costs in the event that the good delivered is as ordered. Obligations for the refunding of payments must be met within 30 days. The period begins with the transmission of the Customers statement of revocation or the dispatch of the good, for us with their reception. Cammello Maculato declares a right of rentention for thepurchasing price, until we receive the good or a proof of its forwarding.


6. In addition the statutory requirements for revocation shall apply. The goods shall be returned to the address:
 
Cammello Maculato GmbH
Rembrandtstrae 26
14467 Potsdam, Germany

IV. Prices, Payment

1. The prices include statutory VAT, but do not include shipping costs, customs, duties and similar public charges, that shall be borne by the Customer.


2. Unless explicitly otherwise agreed, all shipments by us shall require advance payment, including the payment options integrated in the online order form. We will not deliver the product on commission. A receipt of an invoice will be sent by email and may be included in our notice of acceptance.


3. The payment (including all additional costs named under number 1 of this regulation) can be done exclusively to the bank account as stated below or by payment options integrated in the online order form of our website-shop. Carriers or with the delivery service assigned persons are not authorized for collection of payments.

bank: Deutsche Bank
account holder: Cammello Maculato GmbH
account number: 66 41 88 0
bank code number: 100 700 24
IBAN: DE02100700240664188000
BIC: DEUTDEDBBER

In the purpose of payment the name of the Customer and our transmitted order number must be listed.

4. The payment of the purchase price is due with contract conclusion. If the Customer defaults in payment Cammello Maculato GmbH shall charge interest on late payment amounting to 5 percentage points per year above the applicable base rate. The liability of the customer to the payment of interests for delay does not exclude the assertion of other default damages by the supplier.


5. The Customer is not entitled to set-off rights and rights of retention, if not his counterclaims have been established as final and absolute or is undisputed.

V. Dispatch of the goods

1. The good will be dispatched, unless otherwise agreed, to the by the Customer stated delivery address. Any specified transit times shall be non-binding, if the customer has not, in an exceptional case, received our confirmation of a binding delivery date.


2. If the goods cannot be supplied, we will inform the Customer immediately. In the event that the product is no longer available or at least not available within the near future, we shall be entitled to terminate the sales contract, either in respect of the whole of the order, returning any partial deliveries already made, or only in respect of a partial delivery. In case of any 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 IX of these General Terms and Conditions.


3. 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.



4. In the case of an effective revocation by the Customer the goods will be returned to us at our expense. The Customer pays the return payment, if the delivered products are identical to those ordered and the price of the returned good does not exceed the value of 40.00 Euro or if in case of a higher price the Customer has not yet given the counter-performance or paid a contractually agreed part of the price at the time of the revocation.

VI. 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 any transit times specified in the Internet Store shall 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 Customers 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.

VII. Retention of Title and Resale

1. 1. We retain legal title to any product supplied by us until the purchase price (including VAT, shipping and other additional costs) for such product has been fully paid.


2. The Customer shall not be entitled to resell the products delivered by us which are under retention of title or otherwise dispose of ownership to the merchandise, except with our prior written consent. If third parties take hold of goods under retention of title, such as by court bailiffs, the customer shall be obligated to inform of our property and notify us immediately so that we will be able to assert our rights of ownership.


3. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 25%. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorization at any time in the event of a payment default by the Customer.

VIII. Warranty

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; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us within a period of seven business days following receipt of the Customers 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 pursuant to Section VIII (1) fails or cannot reasonably be expected from the Customer or we refuse to so 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 IX of these General Terms and Conditions.


3. 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 in case of any obvious defects within a period of one business day upon delivery or otherwise within three business days from the day the defect has been identified.

IX. Liability

1. Our liability for negligence (other than for gross negligence) resulting from late delivery shall be limited to an amount equal to 10% of the aggregate purchase price (including VAT). For the negligent breach of obligations, other than named in this Section, liability is hereby excluded. The above liability standards also apply to legal representatives, employees and agents of Cammello Maculato GmbH.


2. We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.


3. The provisions of this Section IX 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.

X. Data Protection

1. We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.


2. To the extent that this is necessary for contract completion we shall have the right to submit personal data relating to the Customer to third party companies (in particularly to entrusted delivery company) and credit agencies to the extent necessary for a credit check subject, however, to the Customers consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law.


3. We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section X.

XI. Applicable Law and Competent Courts

1. Any contracts entered into between the Seller 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, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer 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. The contract shall retain its binding effect even if individual regulations are legally invalid. In place of the invalid or of missing articles, the respective statutory regulations become effective. This is invalid if the sticking to the contract means unreasonable hardship for one party.

Newsletter

To receive the newsletter personal data is collected, stored and used. The transfer of such data to third parties will not take place. You can unsubscribe from receiving the newsletter and the use of personal data effective for the future at any time by pressing a link in the newsletter or by an individual cancellation notice to the address below.


For newsletter unsubscribe please contact:
Cammello Maculato GmbH
Rembrandtstrae 26
14467 Potsdam, Germany

or via e-mail: info@cammello-maculato.com

If the subscription of the newsletters is deregistered, all collected personal data will be deleted. We protect our website www.cammello-maculato.com by statutory, technical and organizational measures in order to safeguard your data against loss, destruction, access, changes or the distribution by unauthorised persons. In the ordering process all information you send to us is transmitted encrypted via the Internet. Credit card data are not stored by us.

Cookies

We use cookies on certain pages of www.cammello-maculato.com in order to make a visit to our website more attractive and enable you to use certain functions.  These are small text passages that are stored on your PC. Most of the cookies we use are deleted from your hard drive at the end of your browser session. Others remain on your PC and enable us to identify your PC when you visit us again. These cookies are used for example to display your recently viewed product history again or put aside to you with subsequent orders the renewed filling out of forms with your data.

Right to information

As a matter of course you will always have the right to demand on all your stored personal data and its eventual transfer as well as their purpose of storage.

Right of revocation and cancellation

Every Costumer shall be entitled to revoke the contractual offer and return the product in accordance with this cancellation and return policy as separately made available to the Customer on our website in the order process and sent via e-mail.


The right of revocation and cancellation shall be declared within 14 days without giving reason in text form (e.g. letter, fax or email) or if the product is delivered prior to the time limit of the revocation period by sending the product back. The deadline begins after receipt of this instruction in text form (e.g. letter, fax or email) and the receipt of the goods by the recipient and after we have fulfilled our information obligations according to Article 246 Sec. 2 in connection with Sec. 1 para. 1 and 2 Introductory Act of the German Civil Code and our obligations according to Sec. 312g para. 1 sentence 1 German Civil Code in connection with Article 246 Sec. 3 Introductory Act of the German Civil Code. To preserve the revocation period it is sufficient for the Customer to send the article off in time.

Due to the characteristics of our products as lingerie fashion it must be seen as a hygiene product. Thereby in the context of statutory regulations the goods are included in the right of revocation only, if it is not unsuitable for further marketable uses. As far as the compliance of the usual care and attention while inspecting the characteristics of the product and its functionality equivalent to a dress fitting in a store by the Customer (in example on other undergarments or comparable effective measures) is not maintained and as a result of this the good becomes dirty or gets contaminated in a similar way (through body fluids, makeup, etc.), a lack of marketability occurs and the right of withdrawal is therefore excluded. Furthermore, there is no right of withdrawal in distance contract for the supply of goods which were manufactured according to Customer specifications or clearly tailored to personal needs of the Customer.

Legal consequences of revocation

A valid revocation has the effect to return the services both parties received and the issuance of any benefit obtained. As far as the Customer is unable to reimburse either in total or partially or only in deteriorated state the services received, the Customer is required to offer a compensation of equal value. For the deterioration and benefits derived the Customer must pay compensation only, if the benefits or the deterioration can be attributed to a treatment with the good beyond an inspection of the characteristics of the product as it would be possible and usual in a retail store. In other respects the Customer can avoid the obligation to compensate for deterioration due to the utilization of the product as intended by not using the goods as if they were your property and by refraining from doing anything that could affect their value.

The Customer shall bear return shipment costs in the event that the good delivered is as ordered and the price of the returned good does not exceed 40.00 Euro, or if in case of a higher value of the product the Customer has at the time of the revocation not rendered the consideration or any contractually agreed partial payment. Otherwise the return is free of charge for the Customer. Obligations for the refunding of payments must be met within 30 days. The period begins with the transmission of the Customers statement of revocation or the dispatch of the good, for us with their reception.
In addition the statutory requirements for revocation shall apply. The goods shall be returned at the risk of cammello maculato to the address:



Cammello Maculato GmbH
Rembrandtstrae 26
14467 Potsdam, Germany
via e-mail: info@cammello-maculato.com



End of Right of revocation and cancellation