General Terms and Conditions of Sale
§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: the “GTC”) shall apply to all purchase contracts (hereinafter: the “Purchase Contract(s)”) concluded via our online store at https://pale-berlin.com (hereinafter: the “Online Store”) between us, the
Schütze&Ziel GbR, Edith Schütze und Michael Ziel,
Plauener Straße 163-165,
13053 Berlin, Germany
E-Mail: customers@pale-berlin.com
(hereinafter: “We”, “Us”, “Our”) and you as Our customer.
(2) As Our Online Store is reserved for Our consumer customers (i.e. a natural person who places the order for a purpose that cannot be attributed to its commercial or independent professional activity) these GTC apply only to Purchase Contracts with consumers. If you are an entrepreneur or merchant with interest in our products, please refrain from placing orders via the Online Store and feel free to contact Us at customers@pale-berlin.com.
(3) Please note, that We only sell Our products to customers who are of legal age and have full legal capacity. If this does not apply to you, please do not place an order yourself but let your legal representative place an order for you.
(4) All stipulations between you and Us in connection with the Purchase Contract shall result in particular from these GTC, Our written Order Confirmation and Our Shipping Confirmation.
(5) The version of the GTC valid at the time of conclusion of the Purchase Contract shall apply.
(6) We do not accept any deviating terms and conditions of the customer. This shall also apply if We do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in Our Online Store does not constitute a binding offer to conclude a Purchase Contract.
(2) By sending an order via the Online Store by clicking the button "Order with obligation to pay" on the page summarizing your order (hereinafter: “Order Review”), you place a legally binding order. The sending of an order is only possible, if you have accepted these GTC and confirmed that you have taken note of Our Privacy Policy and Our Cancellation Policy by ticking the corresponding box in the Order Review. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, according to § 3 remains unaffected.
(3) We will confirm the receipt of your order placed via Our Online Store immediately by e-mail to the provided e-mail-address (hereinafter: “Order Confirmation”). An Order Confirmation does not constitute a binding acceptance of the order unless, in addition to the Order Confirmation, you receive a Shipping Confirmation at the same time.
(4) A Purchase Contract is only concluded when We accept your order by confirming the shipment of your order in writing (e.g. by e-mail to the provided e-mail-address) (the “Shipping Confirmation”) or by the actual shipment of the ordered items.
(5) If the delivery of the items ordered by you is not possible, for example because the corresponding items are not in stock, We refrain from sending out a Shipping Confirmation or your order; the same applies for obvious pricing errors. In such cases, a Purchase Contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
If there are indications that the order was placed by a minor or a person who is not of full legal capacity, We reserve the right to refrain from sending out a Shipping Confirmation or your order, in this case Sent. 2 and 3 will apply accordingly, or to request proof of age and/or legal capacity prior to Our Shipping Confirmation or the actual shipment.
§ 3 Right of withdrawal
(1) As a consumer, you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal according to para. 1, You shall bear the regular costs of the return shipment. We shall bear the regular costs of the return shipment if you use Our enclosed return label for the return shipment which We enclose only with orders delivered within Germany with an order value of EUR 80,00 and above.
(3) The right of withdrawal shall be governed by the provisions set forth in detail in the following
- Cancellation policy -
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. good.
In the case of multiple goods ordered in one order and delivered separately, 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 last good.
To exercise the right of withdrawal, you must inform Us
Schütze&Ziel GbR, Edith Schütze and Michael Ziel,
Plauener Straße 163-165,
13053 Berlin, Germany
E-Mail: customers@pale-berlin.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post 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 Schütze&Ziel GbR, Edith Schütze und Michael Ziel, Am Mühlberg 16, 64372 Ober-Ramstadt, Germany 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 shall bear the regular costs of the return shipment.
We shall bear the regular costs of the return shipment if you use Our enclosed return label for the return shipment which We enclose only with orders delivered within Germany with an order value of EUR 80.00 and above.
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.
Model withdrawal form
(If you wish to withdraw from the purchase contract, please complete this form and return it to Us)
— To: Schütze&Ziel GbR, Edith Schütze und Michael Ziel, Plauener Straße 163-165, 13053 Berlin, Germany E-Mail: customers@pale-berlin.com
— I/We (*) hereby give notice, that I/we (*) withdraw from my/our (*) contract of sale of the following goods:
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
— Signature of consumer(s) (only if this form is notified on paper)
— date
(*) Delete as appropriate
- End of the cancellation policy -
(4) The right of withdrawal shall not apply to distance contracts
(a) for the delivery of items that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 4 Partial deliveries and reservation of advance payment
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) We ship orders only after full payment (including shipping costs) has been received. We do not offer purchase on account, nevertheless some of our payment service providers may offer such payment models, please contact the respective payment service provider for more information.
§ 5 Prices, shipping destinations, shipping costs, delivery times
(1) All price quotations in Our Online Store are gross prices in Euros including the statutory value added tax (VAT) and do not include shipping costs.
(2) When placing an order via Our Online Store, We ship to the following locations with Our shipping providers DHL or DHL Express, while the following shipping costs and shipping times will apply:
| Destination |
Shipping costs |
Shipping times |
| Germany |
Standard shipment: EUR 5,00 (free for orders worth EUR 80,00 or more) Express shipment: EUR 30,00 |
1-3 days 1-2 day |
| Region 1 (Austria, Belgium, Denmark, France, Luxembourg, Monaco, Netherlands) |
Standard shipment: EUR 10,00 Express shipment: EUR 42,00 (Monaco: Express shipment only) |
2-3 days
|
| Region 2 (Bulgaria, Croatia, Czech Republic, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Malta, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, South Cyprus, Spain) |
Standard shipment: EUR 10,00 Express shipment: EUR 48,00 |
2-8 days (South Cyprus: 9-11 days) 1-2 days (South Cyprus: 2-3 days) |
| Region 3 (Andorra, Liechtenstein, Switzerland) |
Standard shipment: EUR 15,00 Express shipment: EUR 50,00 |
4-7 days 1-3 days |
| Region 4 (Australia, Canada, Hong Kong, Israel, Iceland, Japan, Mexico, New Zealand, Norway, Singapore, South Africa, South Korea, Taiwan, USA) |
Standard shipment: only to Iceland (EUR 20,00) and Norway (EUR 15,00) Express shipment: EUR 60,00 (EUR 50,00 to Iceland, Norway and Israel) |
4-8 days 2-7 days (1-6 days to Iceland and Norway) |
| Region 5 (Argentina, Brazil, Chile, Colombia) |
Express shipment only EUR 75,00 |
3-4 days |
| Great Britain |
Standard shipment: EUR 10,00 Express shipment: EUR 45,00 |
3-5 days 2-3 days |
We do not ship to overseas territories, exclaves or EU outermost regions (e.g. Azores, Madeira, French Guyana, Guadeloupe, Martinique, Saint Martin, Mayotte, La Réunion).
(3) For shipping destinations outside Germany the maximum weight for a single order amounts to 2.5 kg. If the items in your shopping cart exceed this total weight, you will be notified of this in the order process and you will not be able to complete the order process. In this case, please split the items in your shopping cart into two or more separate orders or contact us at customers@pale-berlin.com where We will be happy to help you with your order.
(4) Please note, that the timeframes stated above only represent the mere shipping times and 2-3 days of processing time must be added to obtain the respective delivery time. Please also note, that the shipping times stated above only apply to metropolitan areas; if you choose a delivery to islands or rural areas, the shipping times are extended by 1-2 days.
(5) The total purchase price including VAT and applicable shipping costs (depending on the chosen shipping destination and shipping method) will be displayed in the Order Review before you submit the order. If you choose a delivery to non-EU countries, additional taxes or costs (e.g. customs duties) may be levied as part of your order, which will not be paid by Us or invoiced by Us, but must be paid by you directly to the relevant customs, tax authorities or shipping provider. As these taxes or costs depend on many different variables, We cannot calculate these taxes or costs in advance which is why these taxes or costs will not be included in the total purchase price of your order in the Order Review; for details, please contact the respective competent authorities.
(6) If We fulfill your order according to § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, We will charge shipping costs for each partial delivery.
(7) If you effectively revoke your contractual declaration in accordance with § 3, We will, subject to the statutory requirements, reimburse any costs already paid for shipment (cf. on other consequences of revocation § 3 para. 3).
§ 6 Terms of payment and set-off and right of retention
(1) You can choose from the following payment methods:
- PayPal,
- Credit card (VISA, Mastercard, Maestro),
- Bancontact,
- eps-transfer,
- Ideal,
- Klarna,
- Apple Pay and
- Google Pay.
Please note that these payment methods may not be available at any time; the decisive payment methods are therefore those proposed during the ordering process. Please also observe the terms and conditions of the respective payment provider.
(2) Depending on the payment method and payment provider, you may be able to pay for amounts shown in Euros in your local currency, which will be converted into Euros for this purpose. Please note that in this case, in addition to the product price and the shipping costs (and possible costs and taxes for shipping to non-EU-countries according to § 5 para. 5), conversion fees or bank charges may apply, which are levied by the respective payment provider and must be borne by you. For more information please contact the respective payment provider.
(3) You are not entitled to offset against Our claims unless your counterclaims have been legally established or are undisputed. You shall also be entitled to offset against Our claims if you assert notices of defects or counterclaims from the same Purchase Contract.
(4) As the customer, you may only exercise a right of retention if your counterclaim arises from the same Purchase Contract.
§ 7 Retention of title
The delivered items remain Our property until full payment of the purchase price and the shipping costs.
§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the items.
(2) The claim for liability for material defects shall be limited to rectification of the defect or replacement delivery at your discretion.
(3) Any seller's warranties given by Us for specific items or manufacturer's warranties granted by the manufacturers of specific items shall be in addition to any claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, We shall only be liable - unless otherwise stipulated in para. 4 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal-duties), limited to compensation for the foreseeable and typical damage. In all other cases, Our liability is excluded subject to the provision in para. 4.
(3) The restrictions of para. 1 and 2 shall also apply in favor of Our legal representatives and vicarious agents if claims are asserted directly against them.
(4) The liability for damages arising from injury to life, limb or health, from the fraudulent concealment of a defect, from the assumption of delivery or quality guarantees and under the German Product Liability Act (ProdHaftG) shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyrights to all images, films and texts that are published in Our Online Store. A use of the images, movies and texts, is not permitted. For more information on this topic please view Our Terms of Use for Our website at https://pale-berlin.com/pages/terms-of-use.
§ 11 Applicable law and place of jurisdiction
The law of the Federal Republic of Germany shall apply. If you have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
§ 12 Online Dispute Resolution for Consumers
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online consumer purchase contracts. More information is available at http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.