GENERAL TERMS AND CONDITIONS
- Scope of application
Clinton Bespoke GmbH (hereinafter “George Patrick” or “we”) executes orders, both in the online shop www.shopgeorgepatrick.com and in our Berlin store, exclusively on the basis of the following general terms and conditions in the form valid at the time of the order.
We do not recognize any deviating provisions of the customer unless we have agreed to their validity in writing.
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr. You can find our e-mail address in our imprint. We are neither obliged nor willing to participate in the dispute resolution procedure.
- Order in the online shop
2.1 All information on products, product properties and prices are subject to error. Our offer is subject to change without notice. Your order constitutes an offer to George Patrick to conclude a contract.
2.2 Orders of tailor-made items
With his signature on the order form, the customer/orderer submits a legally binding offer. If the desired fabric is available, George Patrick will immediately send the customer an e-mail accepting the offer.
George Patrick informs the customer by e-mail as soon as the ordered item is ready for the first fitting in the shop. During the first fitting, any changes requested by the customer will be discussed and marked. Once the desired changes have been implemented, George Patrick will inform the customer as soon as the item is ready for a second fitting. The first fitting, any desired changes and the second fitting are included in the agreed purchase price. Any further requests for changes are only possible after corresponding agreement on the assumption of costs by the customer. Warranty claims of the customer remain unaffected by this.
George Patrick reserves the right to terminate the contract for good cause in the rare event that, in the course of cutting or production, it becomes apparent that the ordered fabric or other components of the tailor-made article are insufficient or damaged.
2.3 Orders in the online shop
The purchaser may submit an offer to purchase goods via the online order form integrated into the George Patrick online shop. In case of an order via the online order form, the customer submits a legally binding contractual offer after entering his personal data and by clicking the button “Send order” in the final step of the ordering process.
George Patrick will send you an e-mail confirming the entry of your order and containing the details of your order (order confirmation). The e-mail does not constitute an acceptance of the contract offer. A contract of sale between George Patrick and you is only concluded when we accept the offer by sending the ordered goods. In the case of prepayment, the goods will only be sent after the full amount has been credited to our account.
2.4 George Patrick is entitled to refuse the acceptance of the order without giving reasons. Order processing and contact are made by email and automated order processing. The customer must ensure that the email address provided by him for order processing can receive emails sent by George Patrick.
- Prices and payment
3.1 The prices valid on the order date are decisive. Shipping costs will be shown and invoiced separately. All prices include the applicable value added tax. An overview of the shipping costs can be found at www.shopgeorgepatrick.com/en/shipping.
3.2 We accept the following payment methods for the payment of the purchase price:
3.3 For orders of tailor-made items we charge a deposit of 50% of the purchase price. The remaining 50% is due at the first fitting.
- Delivery, place of performance, transfer of risk, retention of title
4.1 The delivery dates and delivery periods stated by George Patrick are not binding. Should George Patrick not be able to deliver the ordered goods after conclusion of the contract through no fault of his own because George Patrick’s supplier does not fulfill his contractual obligations, George Patrick is entitled to withdraw from the contract with the purchaser. In this case the purchaser will be informed immediately that the ordered product is not available. The legal claims of the purchaser remain unaffected.
4.2 The place of performance for George Patrick’s deliveries and services is Berlin.
4.3 George Patrick shall bear the risk of damage to or loss of the item of purchase during shipment. The risk of damage to the purchased item shall pass to the purchaser as soon as he has acquired possession of the purchased item or is in default of acceptance.
4.4 The goods remain the property of George Patrick until the purchase price has been paid in full (retention of title).
4.5 If you have ordered several products at the same time, the individual products can be delivered to one address at different times. § 266 BGB remains unaffected. Shipping costs will only be charged once.
5.1 If there is a defect in the purchased item, the statutory provisions shall apply. The assignment of these claims of the purchaser is excluded. The limitation period is 2 years from delivery.
5.2 George Patrick shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence. The liability for the slightly negligent violation of essential obligations (cardinal obligations) is limited to the compensation of the foreseeable, contract-typical damage. The foregoing limitations of liability shall not apply in the event of death, personal injury or damage to health, in the event of a defect after assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of George Patrick is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
5.3 Deviations in the presentation of the goods on the website www.shopgeorgepatrick.com and the delivered goods do not constitute a defect of the ordered goods.
- Right of revocation
The right of revocation applies exclusively to consumers in accordance with § 13 BGB.
A right of revocation does not exist for our tailor-made articles.
According to § 312g BGB, a statutory right of revocation does not exist for contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
RIGHT OF WITHDRAWAL
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have/has taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us, Clinton Bespoke GmbH, Behrenstr. 27, 10117 Berlin, Germany, firstname.lastname@example.org, telephone +49 30 276 919 89, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail).
You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
CONSEQUENCES OF THE REVOCATION
If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us).
We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no case will you be charged for such refund.
We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
We shall bear the costs of returning the goods within Germany. There are not free returns outside of Germany.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the revocation instruction
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To Clinton Bespoke GmbH, Behrenstraße 27, 10117 Berlin, email@example.com:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
(*) Delete as appropriate.
- In store exchange
The exchange of custom-made articles is excluded.
The exchange of Ready-to-Wear goods bought in store is possible within 2 weeks. You can exchange goods for goods or a voucher upon presentation of the receipt. The right to exchange only applies to unworn, unwashed and faultless items from which the labels have not been removed. Sale goods are excluded from exchange. Swimwear, underwear, earrings, stockings and fragrances are also excluded from exchange.
A refund of the paid purchase price is not possible.
This voluntary exchange right does not limit your legal rights.
- Order data
8.1 We store your order data. If you wish a printout of your order, you have the option of printing out a “confirmation of receipt”. This will appear on your screen after you have sent the order to us by pressing the “Complete order ” button and your payment details have been successfully checked. You will also receive the order confirmation with all the details via e-mail.
- Place of jurisdiction and applicable law
9.1 The place of jurisdiction shall be Berlin, Germany to the extent permitted by law. This applies in particular if the contractual partner does not have a general place of jurisdiction in the EU. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 Should individual provisions of the contract including these GTC be invalid in whole or in part or should the contract contain a loophole, the validity of the remaining provisions or parts of such provisions shall remain unaffected.
Status: May 29th, 2019