GTC

General Terms and Conditions of Pure Berufsbekleidung

Sarah Giebler
Jaffestr. 10
21109 Hamburg
E-mail: info@pure-berufsbekleidung.de
Phone number: 04038614188

DISCLAIMER
General Terms and Conditions (GTC) are a literal translation of the original German Allgemeine Geschäftsbedingungen (AGB).

§ 1 Scope of application
1.1 The following General Terms and Conditions (GTC) are an integral part of the contracts concluded between the customer and Sarah Giebler as owner of Pure Berufsbekleidung Groß- und Einzelhandel, Jaffestr. 10, 21109 Hamburg, info@pure-berufsbekleidung.de, phone number: 040-38614188 (hereinafter: ‘seller’, ‘provider’ or ‘we’) via the online shop operated by the seller at the Internet address www.pure-berufsbekleidung.de or, if applicable, another Internet address of the seller or otherwise using exclusively means of distance communication for the purchase of goods.

1.2 Customers within the meaning of these GTC are both consumers within the meaning of Section 13 BGB and entrepreneurs within the meaning of Section 14 BGB. ‘Consumer’ in this sense is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

1.3 The version of the GTC valid at the time the contract is concluded shall apply. These GTC correspond to the status as of 20.01.2025. Any terms and conditions of the customer deviating from these GTC, insofar as the customer is an entrepreneur, shall not apply.

1.4 Our offer in the online shop is primarily aimed at German-speaking and English-speaking customers; deliveries are only made to customers who regularly have their place of residence or habitual abode in the European Union (EU), Switzerland or Great Britain. The GTC are only available in German and English; only the German and English languages are available for the conclusion of the contract.

§ 2 Conclusion of contract
2.1 The contract is concluded as follows: The catalogue of goods displayed by the seller on the website www.pure-berufsbekleidung.de does not constitute an offer to conclude a purchase contract, but merely a non-binding invitation to the customer to submit a binding offer (so-called ‘invitatio ad offerendum’). By clicking on the button ‘Order with obligation to pay’, the customer submits a binding purchase offer to the seller. The customer can also submit a purchase contract offer by telephone, in writing, by fax or by e-mail. After we have received the customer's offer, the customer will immediately receive a message in text form (usually an e-mail) confirming receipt of the order and its details. This confirmation does not constitute acceptance of the offer by us. Acceptance takes place when the supplier confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by the actual dispatch of the goods (documented by dispatch confirmation) or by delivering the ordered goods and these goods are received by the customer or by requesting the customer to pay (e.g. invoice or credit card payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.

2.2 Before binding submission of the order via the provider's online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.

2.3 The provider will save the text of the contract after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase has been made via a customer account in the online shop, the customer can view his orders and the associated order data there.

2.4 It is the customer's responsibility to provide a correct and valid e-mail address to receive e-mails from the seller.

§ 3 Cancellation of the contract
3.1 Consumers are generally entitled to a right of cancellation for contracts concluded outside of business premises and for distance selling contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.

3.2 In certain cases, the right of cancellation is excluded by law, e.g. in the case of contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, see § 312 g para. 1 no. 1 BGB.

§ 4 Payment, default
4.1 The prices listed in the online shop at the time of ordering shall apply. All prices are inclusive of VAT and plus any shipping costs listed. The customer will be informed about the available payment options in the online shop of the provider.

4.2 If ‘purchase on account/purchase on account’ has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term has been specified in the invoice or in the purchase process.

4.3 If ‘SEPA direct debit’ has been agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer shall be informed when to expect the agreed purchase price to be debited (pre-notification). The direct debit shall not be debited before receipt of this pre-notification and not before the deadline stated in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer shall bear any chargeback fees incurred if the customer is responsible for the failure of the direct debit.

4.4 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.

4.5 If payment via ‘PayPal’ has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

4.6 In accordance with § 288 BGB, interest on arrears shall be due for monetary debts. Default interest shall be charged at a rate of 5 percentage points above the base rate, and, in the case of legal transactions in which a consumer is not involved, default interest shall be charged at a rate of 9 percentage points above the base rate. We reserve the right to assert further claims for damages caused by default.

§ 5 Terms of deliver
5.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

5.2 In the case of deliveries by forwarding agents, delivery shall be ‘free kerbside’ unless otherwise agreed. This means delivery to the nearest public kerbside to the specified delivery address.

5.3 Collection of the purchased goods by the customer is excluded.

5.4 The ordered goods shall be delivered to the delivery address specified by the customer in his order.

5.5 The seller is authorised to make partial deliveries (= separate delivery of several goods ordered by the customer as part of a single order), insofar as this is reasonable for the customer.

5.6 Exceptions to the above terms of delivery can only be made by individual agreement in individual cases.

§ 6 Non-availability
If the supplier is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, although it has concluded a congruent covering transaction with a reliable supplier in good time, the supplier shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately of the impossibility of fulfilment. Any payments already made by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.

§ 7 Prices and shipping costs
7.1 All prices quoted are total prices including all price components and applicable taxes and duties, including the statutory VAT of 19%.

7.2 The shipping costs incurred are not included in the purchase price, they are shown separately during the ordering process and are to be borne by the buyer in addition. The shipping costs for deliveries within Germany are a flat rate of 6.90 euros per order. For deliveries to other EU countries, the seller charges a flat rate of 18.00 euros per order, for deliveries to Switzerland 30.00 euros per order.

7.3 For partial deliveries, cf. § 5.5, the customer shall only incur shipping costs for the first partial delivery, unless partial deliveries are made at the customer's request with our consent.

7.4 Prices and, if applicable, shipping costs for customised products within the meaning of these GTC may be agreed individually in individual cases in deviation from the above information. 

§ 8 Retention of title
8.1 The purchased goods shall remain our property until the purchase price has been paid in full.

8.2 If the customer is an entrepreneur within the meaning of § 14 BGB, the following shall apply in addition: - The Seller shall retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted. The customer must inform the seller immediately in writing of any impending or already commenced seizures or other interventions by third parties. - The customer may resell the goods in the ordinary course of business. In this case, the customer hereby assigns to the seller all claims in the amount of the invoice amount (final invoice amount including VAT) which accrue to him from the resale against his customers or third parties, irrespective of whether the purchased item has been resold without or after processing. The seller accepts the assignment, but the customer remains authorised to collect the claims. If the customer does not properly fulfil his payment obligations, the seller reserves the right to collect claims himself. - If the goods subject to retention of title are combined and mixed, the seller shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing. - The seller undertakes to release the securities to which he is entitled on request to the extent that the realised value of his securities exceeds the claims to be secured by more than 10%. The choice of the securities to be released is incumbent on the seller.

§ 9 Warranty
9.1 If the purchased item is defective, the customer as a consumer is entitled to the statutory warranty rights.

9.2 For claims for damages or reimbursement of futile expenses, the limitations and exclusions provided for in § 10 shall apply by way of derogation.

9.3 If the customer is an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications: - Only the Seller's own information and, if applicable, the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer. - The customer is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the seller of obvious defects within 7 days of receipt of the goods. Timely despatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects. - In the event of defects, the seller shall, at his discretion, provide warranty by repair or replacement (subsequent fulfilment). In the case of rectification, the seller does not have to bear the increased costs incurred by the transfer of the goods to a location other than the place of fulfilment, provided that the transfer does not correspond to the intended use of the goods. - If the subsequent fulfilment fails twice, the customer may, at his discretion, demand a reduction in price or withdraw from the contract. - The warranty period is one year from delivery of the goods.

§ 10 Liability
10.1 The supplier is liable without limitation for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider; for damages resulting from an intentional or grossly negligent breach of duty by the provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider; on the basis of a guarantee promise, insofar as no other provision has been made in this respect; due to mandatory liability (e.g. under the Product Liability Act).

10.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.

10.3 In all other respects, liability of the Provider and the liability of its vicarious agents and legal representatives is excluded.

§ 11 Infringements of rights in the case of customised products
If and insofar as industrial property rights or other rights of third parties are infringed in the case of customised products within the meaning of these General Terms and Conditions by preliminary or design information provided by the customer (e.g. drawings, models, words or word sequences), the customer shall be solely responsible for this in relation to us and shall indemnify us against all claims asserted against us. The customer assures that he is free to dispose of and use all elements of the design free of third-party rights.

§ 12 Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the provider's Privacy Policy.

§ 13 Jurisdiction agreement
The place of jurisdiction for all disputes arising from this contract shall be Hamburg, unless otherwise stipulated by law.

§ 14 Final provisions
14.1 Amendments to the contract, supplements to the contract and ancillary agreements must be made in writing.

14.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.

14.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.

14.4 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

§ 15 Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://ec.europa.eu/consumers/odr.

The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found under the heading of these GTC.