General terms & conditions

General terms & conditions of DORNSCHILD KG

§ 1 Party to the Contract

The present General Terms and Conditions include the terms and conditions which shall exclusively govern the relationship between you and us, Dornschild KG, Am Einlass 3a, 80469 Munich, Germany. The contract shall be concluded between you and us.

§ 2 Conclusion of Contract

The presentation of the products in the online shop shall not constitute any binding offer whatsoever but is to consider as a non-binding product catalogue. By clicking the button “Place Order” you shall submit a binding order of the goods contained in your shopping cart. Confirmation of receipt of your order will be made immediately after your send-off of the order and shall not yet constitute a contractual acceptance of your order. We shall be entitled to accept your order, within two days, by way of submission of an order confirmation via email or by way of delivery of the goods.

§ 3 Time of Delivery – Delay

Should we, due to high demand, not have the ordered goods on stock in an applicable instance, then we shall inform you immediately of the delay caused by our respective repeat order. Should our delay of delivery not arise from an intentional or grossly negligent breach of the contract by Dornschild KG – including without limitation intent or gross negligence of its agents or persons assisting in fulfilment of its obligations -, then Dornschild KG’s liability for damages arising from delay of delivery shall be limited to the foreseeable, typically occurring damage.

§ 4 Liability for Defects

If and to the extent of a defect of the goods purchased, we shall be entitled to cure such defect, at your choice, either by way of remedying such defect or by replacement delivery of a new thing free of defects. We shall, however, be entitled to refuse the type of cure chosen by you if same would only be possible at unreasonable cost. We shall bear any and all cost of transport, travel, work and material required for our cure in an applicable instance if and to the extent that such cost is not increased by a transfer of the purchased goods to a location other than the place of performance. Should the cure fail, then you shall be entitled, at your choice, to request cancellation or reduction of the purchase price.

Dornschild KG shall be liable under the default provisions of the applicable laws, if you assert damages claims arising from intent or gross negligence of Dornschild KG – including intent or gross negligence of its agents or persons assisting in performance of its obligations. If and to the extent that there is no assertion of intentional breach of contract, Dornschild KG’s liability for damages shall be limited to the foreseeable, typically occurring damage. Dornschild KG shall be liable in accordance with the default provisions under the applicable laws if it breaches an essential contractual obligation; in such event liability shall, however, be limited to the foreseeable, typically occurring damage. In case of killing or violation of health or body Dornschild KG shall be liable in accordance with the default provisions of the applicable laws. Dornschild KG shall also be liable under the mandatory provisions of the German statute on product liability. If and to the extent that Dornschild KG is not liable as per the aforesaid sentences, its liability for defects of the purchased goods shall be excluded.

§ 5 Terms of Payment

§ 5.1 Terms of Payment

Payment of the goods shall be made, at your choice, via prepayment, Paypal, Klarna, Google Pay, Apple Pay, credit card or direct debit.

§ 5.2 Treatment of Coupons

Please note that coupons may be subject to limitations as to the amount and/or time period of redemption. We will clearly notify you of such limitations in the text accompanying the coupon. Only one coupon may be redeemed per person. The coupon can not be combined with other discount schemes (e.g. Payback, Webmiles, Miles & More, BSW etc.). The coupon can not be used for goods sold at a discount. Coupons issued by us shall not be paid out in cash or by way of cash transfer. Nor shall the customer be entitled to any cash payment or cash transfer of the coupon value in case of return of goods paid, in full or in part, with a coupon. In such aforesaid event solely the amount actually paid by means other than a coupon shall be repaid; the value of the coupon shall remain intact and may be used for a subsequent order if the coupon will yet be valid at the time of such subsequent order. In such aforeaid event also only one coupon per order may be redeemed.

§ 6 Shipping Cost, Delivery Territories and returns

§ 6.1 Delivery within Germany

Delivery of your order shall be made without any minimum order requirement and subject to shipping cost within Germany. A shipment flat fee will not be charged for postage and packaging.

§ 6.2 Delivery to a destination outside Germany

For shipment to countries other than those listed in section 6.1., shipment cost will be charged.

§ 6.3 National and international returns

In Germany and in all other countries you shall be responsible for the direct cost of the return shipment of the goods.

§ 6.4 Exchange of Vests for Size Change Request

An exchange for a different size of the same model – if available – is possible both nationally and internationally. In this case, DORNSCHILD KG will cover the shipping costs for the exchange. Each shipment includes a return form where the exchange request can be noted. The item must be returned within 14 days of receipt. Unfortunately, an exchange for a different model is not possible.

§ 7 Retention of Title

We shall retain title in the goods delivered until fully paid. Should payment be delayed by you (Verzug), then we may determine an adequate curing period. Upon unsuccessful expiration of such curing period we shall be entitled to cancel the contract and claim the goods back.

Revocation Declaration, Voluntary Return Guarantee and Taking Over of Cost for Return Shipment, Right of Revocation

You shall be entitled to revoke this contract within fourteen days without giving any reason.

The revocation period shall be fourteen days from the date on which you or a third party designated by you and who is not the carrier have or has taken the goods in possession. In order to exercise your right of revocation you need to inform us (Dornschild KG, Herwarthstrasse 25, 50672 Cologne, Germany, Telefon +49-(0)221 20476577, email address service@dornschild.com by means of an unambiguous declaration (e.g. through a letter sent by mail, or an email) on your decision to revoke this contract. For such purpose you may use the enclosed Sample Revocation Form which is, however, not mandatory. The revocation period shall be deemed complied with if you dispatch the notice on the exercise of the right of revocation before expiration of the revocation period.

Consequences of Revocation

If you cancel this contract, we will refund all payments we have received from you, including any delivery costs (if applicable and if the entire order is returned). However, this does not include additional costs resulting from your choice of a different type of delivery other than the standard delivery offered by us. The refund will be made without undue delay and no later than 14 days from the day we receive your notification of cancellation. For the refund, we will use the same payment method you used for the original transaction, unless explicitly agreed otherwise. No fees will be charged for this refund.

If you are located in Germany and did not pay for shipping, we will only refund the amount of the returned goods.

We may withhold the refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the 14-day period has expired. You are responsible for the direct cost of returning the goods.

You are only liable for any diminished value of the goods if the loss in value is due to handling the goods beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

End of the Revocation Instruction

Voluntary Return Guarantee and Take Over of Cost for Return Shipment

For any and all purchases in our online shop we do voluntarily grant, in addition to the statutory right of revocation, a return guarantee for 30 days after your receipt of the goods. Please return the goods to the following address:

DORNSCHILD KG
CF Service UG
Neusser Strasse 772
50737 Cologne
Germany

In Germany and in all other countries you shall be responsible for the direct cost of the return shipment of the goods. The voluntary return guarantee shall not affect your statutory rights including without limitation your right of revocation.

Sample Revocation Form

(Should you wish to revoke the contract, please copy this sample form and send it back to us.)

Revocation – Sample Form

An: Dornschild KG
Herwarthstrasse 25
50672 Cologne
Germany

Email address: service@dornschild.com

Hereby I revoke the contract concluded by me regarding the purchase of the following goods.

Name:
Address:
Ordernumber:
Invoice number:
Date of reception:

Town, date and Signature (only in case of notification on paper)

§ 9 Copyright

The publications in the web shop shall be subject to German copyright law. The download and use of material protected by copyright laws and used and presented by Dornschild KG in connection with the online shop, in newsletters or other media shall be solely permitted for private use of the costumer. Material of third parties which is protected by copyright laws and used by Dornschild KG for presentation of the goods on offer shall not be used for customer’s own purposes if and to the extent that such use would go beyond customer’s private use.

§ 10 Miscellaneous

§ 10.1 Solely the laws of Germany shall apply, under exclusion of the UN Sales Convention (CISG).
§ 10.2 The courts of Munich shall have exclusive jurisdiction for any and all disputes regarding the sale of goods to merchants, or to legal persons under public law.

§ 11 Duty to Inform

Online dispute resolution pursuant to Article 14(1) of the ODR Regulation: The EU Commission provides an online platform for online dispute resolution, which you can access via the external link.

Status: October 2024