General Terms and Conditions of Business (GTC) Octopus Apparel
17. February 2013
1. Area of validity
Our General Terms and Conditions of Business (hereinafter „GTC") shall be exclusively applicable.
Our GTCs shall apply to offers on www.octopus-apparel.com.
2. Conclusion of contract
Our offers are non-binding unless agreed otherwise. They are based on information provided by the customer, without knowledge of the customer's circumstances or requirements. The customer bears the risk that the Products offered on this basis may not correspond to the customer's needs. By clicking the button “Order” the customer makes a binding purchase of the goods in the shopping baskets.
Any contract shall be considered as awarded only if it was confirmed in writing or if it is being performed already.
3. Delivery periods
In a normal case we deliver within 2-5 workdays from the point of payment via DHL or Deutsche Post to your address. If the goods are delivered to another European country it will take 10-16 days. If the country is Non-European the delivery period is about one month. All specified delivery periods are not binding.
4. Return policy
If you are a consumer as contemplated by § 13 BGB you can withdraw from the contract within a period of 14 days without any written reasons. You can also withdraw from the contract by return consignment within those 14 days. The period begins after you have received these written GTCs, however not before you received the goods.
For retention of the cancelation period it suffices to send the cancelation or the goods in time. The cancelation has to be sent to:
The costs of the return consignment and the delivery costs are payed by the costumer if the good is without a deficiency. In the event of a valid cancelation both parties have to return all performances which they have received. If you can’t return the received performances in a whole or partially or they are in a bad shape you have to compensate for that. This is not valid if the deterioration is caused by normal testing of the products as it would have been possible in the store.
If you do not use the product as your own and do nothing that could deteriorate the shape of the product, the chance that you have to compensate any deterioration is very low. Obligations of payment reimbursements have to be done within 30 days. For you the period starts by sending back the withdraw declaration or the product. For us it starts by receiving the product or withdraw declaration.
The warranty fits the legal standards. If you have a warranty claim please notify us and send back the claimed goods to the address mentioned above. Normal wear-out of the goods justifies no warranty claim.
Our prices are in EURO. They are final prices, which include the value-added-taxes. Additionally we put the costs for the delivery to the price on top.
7. Notifications of defects
Any defect must be reported to us in writing immediately, however, no later than 30 days after delivery. Otherwise you have no rights for liability or claim for compensation. Before returning the claimed good you need permission by Octopus Apparel. Permission by Octopus Apparel doesn’t mean that we accept the notification of the defect. If the defect is warrantable the costumer gets the costs for returning the goods refunded. Furthermore the customer shall be entitled to choose at his own discretion either subsequent performance by way of elimination of defects or supply of a new object free of defects within an Octopus Apparel is not liable for divergent colors of the used textiles, failure in production and any other defects of the textiles. These defects lie on the producer or supplier of the textiles. We reserve the right to check the returned good after we have received them on proper use. In the event of erroneous handling of the product there is no right for the customer to get a new product or elimination of the defect. If it’s the will of the customer we send back the product. The customer has to pay the costs.
Octopus Apparel is not liable for any damages caused by use of the products, especially if the damage was caused by improper use. A claim for compensation is excluded unless the damage was caused willful or by gross negligence.
9. Payment conditions
We accept PayPal and BACS Payment. In each case we reserve the right to not accept special kinds of payment and to refer to another payment. If you live outside of Germany the payment can only be done by PayPal and BACS Payment.
a) BACS Payment
Payment has to be done within a week to the following bank account:
Account Name: Marcel Wölfling
Bank Name: ING DiBa
Account Number: 5413702238
Sort Code: 500 105 17
IBAN: DE74 5001 0517 5413 7022 38
BIC (formerly Swift): INGDDEFFXXX
Payment has to be done immediately with a PayPal Account to our PayPal account: firstname.lastname@example.org.
10. Product illustrations
The product illustrations are partially exemplary illustrations and could be different from the ordered/delivered product. After the conclusion of contract we reserve the following rights in order to change our products unless it is not reasonable for the customer.
- Changing the product because of steady product development
- Improvement of the product
- Minor changes in measurement
- Commercial changes
11. Separability clause
The event that one clause of the GTCs is invalid it doesn’t have any effect to the validity of the other clauses.
12. Extrajudicial online dispute resolution
The European Commission is providing a platform for out-of-court online dispute settlement (OS platform), which is available at www.ec.europa.eu/consumers/odr. Our e-mail address can be found in the imprint.
CEO Marcel Wölfling