General Terms and conditions of business

§ 1 General

avec nous GmbH, Löwenstraße 25, 10249 Berlin (hereinafter „title-mag.com” or “we”), operates an online shop at the internet address www.title-mag.com (the “Website”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions of Business set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.

§ 2 Contracts

  1. The language available for contracts is English.

  2. The presentation of products on our Website does not constitute any offer by title-mag.com for a purchase contract.

  3. By submitting the order form provided on our Website to us you are placing a binding offer for a purchase contract with us. You submit an offer by entering all required information during the ordering process and posting the order form to us by using the button “complete purchase”. Before you submit your offer you will be able to view the details input by you and correct any mistakes in the information provided.

  4. On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order (order confirmation). Please note that our order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.

  5. A purchase contract between you and title-mag.com will become effective only after we have accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to our account.

  6. title-mag.com has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.

§ 3 Cancellation policy advisory

The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law. Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.

CANCELLATION POLICY

You may repeal your contract of purchase within 14 days without having to state reasons.

The allocated cancellation timeframe is 14 days, effective the day that you or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.

To administer your right to cancel your order, you have to inform us, avec nous GmbH, Löwenstraße 25, 10249 Berlin,  Germany, nessie@avecnous.de, Phone +49 30 75 44 03 00, by sending us an explicit declaration stating that you are repealing your contract of purchase (for example: by sending us a letter in the mail, fax, or an email). You may use the cancellation template that is attached; however, it is not mandatory to use this template.

It will suffice to send us your notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.

CONSEQUENCES

If you repeal your contract of purchase, we are obligated to refund all payments that we have received from you, including shipping costs (excluding additional shipping costs that result from choosing a different shipping option, other than the regular standard shipping option that we offer) immediately and within 14 days at most, effective the day that we receive your repeal.

The payment method which was used to make the transaction will also be used for the reimbursement, unless we have explicitly agreed to something else. You will not be charged any fees for the reimbursement.

We reserve the right to withhold the reimbursement until we have received the returned items or until we have received your notification that you have returned the items, whichever comes first.

The items have to be sent back to us immediately and no later than fourteen days after the date on which you have notified us of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at our expense.

You are only required to compensate us for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.

End of advisory

Cancellation template

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

_______________________________________________________

_______________________________________________________

Ordered on (*) ____________ / received on (*) __________________

________________________________________________________
Order number

________________________________________________________
Name of consumer(s)

________________________________________________________
Address of the consumer(s)

________________________________________________________
Reason for withdrawal (voluntary)

________________________________________________________
Signature of consumer(s) (only in case of paper communication)

_________________________
Date

(*) Delete as applicable

§ 4 Prices; product presentation; availability; Gift Card; promotion code

1. The prices stated on our Website www.title-mag.com at the time of your order apply.

2. The goods offered at title-mag.com are presented on the Website in the form of digital photographs of the actual products. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.

3. If you have ordered several items at the same time, the products may be delivered at different times. Sec. 266 BGB remains unaffected. Shipping charges will be incurred only once in any such case.

4. Gift Card

4.1 The Gift Card can be used to purchase any article available on our website – except for additional Gift Cards – prior to its expiration date.

4.2. Exchanges or reimbursements of your gift card are only applicable in accordance with the return and withdrawal rights and conditions.

4.3. title-mag.com is not responsible for the fraudulent use of or any lost, stolen, or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received. If sent per email, title-mag.com is not responsible for misspellings or errors in the recipient’s email address.

4.4. title-mag.com reserves the right to cancel or block the Gift Card, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the Gift Card. You will be informed immediately by title-mag.com in the case of cancelling or blocking the Gift Card.

5. Promotion Code

5.1. Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, please refer to the document which contains the promotion code.

5.2. Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which you may have received on behalf of title-mag.com, are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in our terms and conditions.

5.3. title-mag.com cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.

5.4. title-mag.com reserves the right to cancel or block the promotion code, if deemed necessary due to legal reasons, for example, in case of loss or misuse of the promotion code. You will be informed immediately by title-mag.com in the case of cancelling or blocking the promotion code.

5.5 Return policy for orders purchased using a promotion code:

If you make use of legal right of return or our voluntary return policy, you will be reimbursed for the total amount of the returned items. If you are returning only one of the items from your order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If you are returning your complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Please note that promotion codes from sales campaigns cannot be replaced or refunded.

§ 5 Storage of contract data

We store your order data. If you wish to print your order, you may do so by printing out an “acknowledgment of receipt”. It will appear on your screen once you have submitted your order to us by clicking the “complete purchase” button and your credit card details have been verified.

In addition, you will receive an email order confirmation stating all details entered.

§ 6 Shipping & dispatch

1. Your package will be shipped with DHL.

2. The goods will be ready for dispatch after the business day following your order. Unless agreed otherwise, based on experience, delivery will be made within 1 to 14 business days (Germany and EU) or 2 to 21 business days (rest of world) to the shipment address specified by customer, depending on the place of delivery chosen. If payment in advance was chosen as payment option, the goods will be dispatched only after the full purchase price has been credited to our account.

3. Based on experience, deliveries to countries liable to customs duties take 2 to 21 business days. Please note that DHL will charge all import sales taxes, customs duties and handling charges separately for each country. Please note that you will be responsible for any banking charges as may be incurred in foreign countries. In case of a return, customs duties, import sales taxes and DHL handling charges, will not be refunded.

4. Pre-orders will be shipped on the given date stated in the product descriiption.

§ 7 Payment; default in payment; setoff; right of retention

1. Accepted methods of payment

Please pay for your title-mag.com order by:

  • PayPal
  • Visa
  • Master Card
  • American Express

All payments and credit notes will be handled in the currency chosen for the purchase.

2. Payment using a Gift Card

When making a purchase using a Gift Card, simply enter the Gift Card code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the Gift Card balance, please select the payment method with which you wish to cover the remaining amount. If the Gift Card balance exceeds the order amount, you may use the same code for your next purchase. The amount remaining will be available until your credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.

3. Payment using a promotion code

When making a purchase using a promotion code, simply enter the promotion code in the designated field at checkout. Click on “add code” in the last step of the checkout. If the order amount exceeds the promotion code balance, please select the payment method with which you wish to cover the amount remaining.

4. Set-off

The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.

5. Right of retention for commercial transactions

In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.

§ 8 Retention of title

The goods delivered remain property of title-mag.com until full payment has been made.

§ 9 Warranty

Claims based on defects in the delivered goods shall be governed by the applicable legal provisions, to the exception that any claims for damages relating to defects shall be subject exclusively to section 12 below.

§ 10 Liability

1. We accept unlimited liability for damage caused by intent or gross negligence. Our liability for breaches by ordinary negligence of any major obligations or secondary obligations whose breach puts the achievement of the contractual purpose at risk or whose fullfillment is essential to the due and proper performance of the contract and whose fulfillment customer could reasonably rely upon (“essential obligation”), shall be limited to foreseeable damage characteristic for the contract. We accept no liability for any breach by ordinary negligence of contractual obligations which are not essential obligations.

2. Nothing in this shall prejudice our liability in the event of fraudulent concealment of defects or a guarantee as to quality, for claims based on the Product Liability Act, and for damage caused by injury to life, limb or health. This shall not entail a reversal of the burden of proof to customer’s disadvantage.

3. To the exception of claims based on tort, any claims for damages of customer for which our liability is limited hereunder, shall become time-barred one year after the commencement of the statutory limitation period.

4. Any exclusion or limitation of the liability of title-mag.com shall extend also to the personal liability of its employees, members of staff, representatives and vicarious agents.

§ 11 Governing law, severability

1. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by German law to the exclusion of the UN Sales Convention.

2. If any provision is invalid, nothing in this shall prejudice the validity of the remaining provisions hereof.

For questions relative to your order, please contact us at nessie@avecnous.de