General Terms and Conditions of The House of Elfen Couture UG (haftungsbeschränkt)
1. Scope
1.1 These General Terms and Conditions (hereafter ‘Terms and Conditions’) apply to all orders of users of www.elfen-couture.com (hereafter ‘the Website’) or visitors of the Elfen Couture Showroom (hereafter collectively ‘Client’) placed with the House of Elfen Couture UG (haftungsbeschränkt) (hereinafter ‘Elfen Couture’).
1.2 Unless expressly agreed otherwise, these Terms and Conditions will also apply to all future orders of Client.
1.3 All capitalized terms shall have the meanings set forth herein.
2. Account
2.1 Client is responsible for maintaining the confidentiality of his or her account and password and for restricting access to his or her computer to prevent unauthorized access to Client’s account. Client agrees to accept full responsibility for all activities that occur under his or her account or password. Client shall take all necessary steps to ensure that the password is kept confidential and secure.
2.2 Client shall ensure that the details provided to Elfen Couture are correct and complete and shall inform Elfen Couture immediately of any changes to such information.
3. On Demand Production and Delivery; No Refund or Right to Return
3.1 Client acknowledges that any garment or other deliverable (hereafter collectively ‘Product’) which is subject to an order is individually tailored or produced according to Client’s particular requests.
3.2 Therefore, Client acknowledges that there will be no refund or right to return.
4. Order Acceptance
4.1 Orders placed with Elfen Couture will not be accepted and no contract will be formed between Elfen Couture and Client until Elfen Couture has checked wether said Products are available and the respective order has been confirmed by Elfen Couture.
4.2 Once an order has been confirmed by Elfen Couture Client will not be able to make any changes to his or her order. Client is therefore required to make sure that everything is correct before clicking the confirm order button.
4.3 Elfen Couture reserves the right to refuse an order. Non-acceptance of an order may result from one of the following reasons: (i) the product ordered being unavailable; (ii) the identification of an error within the product information, including price or promotion.
4.4 Elfen Couture shall contact Client If there are any problems with an order.
5. Access to elfen-couture.com
Elfen Couture will do its utmost to ensure that the availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Client’s access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. Elfen Couture will attempt to limit the frequency and duration of any such suspension or restriction.
6. Performance Dates; Advance Payment
6.1 Delivery Dates are only provided as approximation and will not be binding unless expressly marked so in writing.
6.2 All payments must be made in advance. Elfen Couture shall ship or hand over any Product only on full remittance of all payments due. Where binding delivery dates are agreed, the time for performance shall be extended by the number of days by which Client fails to meet, or fails to fully meet, his or her obligation to pay in advance.
7. Prices
7.1 The prices for the Products are specified on the Website and/or in the respective order.
7.2 The prices are subject including VAT, if not expressly stated otherwise.
7.3 Client shall bear any shipping costs, duty and taxes incurred.
7.4 All payments are due on receipt of the invoice and shall be paid within 10 days of receipt of the invoice without any deduction to the account specified in the invoice.
7.5 Any invoice that remains unpaid when due will accrue statutory default interest of 5 percent above the base rate; this is without prejudice to any additional statutory rights Elfen Couture may have.
8. Product Description
8.1 Elfen Couture has made every effort to display as accurately as possible the colours of its products that appear on the Website. However, as the actual colours depend on Client’s monitor, Elfen Couture cannot guarantee that display of any colour will accurately reflect the colour of the Product on delivery.
8.2 All sizes and measurements are approximate; however, Elfen Couture will make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are German sizes.
9. Warranty Rights
9.1 The warranty rights of Client against Elfen Couture shall initially be limited to subsequent performance in the form of a rectification of the defect. Client shall accept at least two such attempts to rectify a defect, unless this cannot reasonably be expected of Client. Client may rescind or terminate an order with immediate effect or reduce the price only after these attempts have failed; claims for damages shall be excluded unless such damages were caused by intent or gross negligence.
9.2 Client's warranty rights shall expire one year following performance.
9.3 Client will inspect all Products provided without delay and must promptly report any defects to Elfen Couture. Failure to timely report defects shall exclude any liability for defects.
10. Limitation of Liability
10.1 Elfen Couture shall be fully liable for damage caused by intent or gross negligence.
10.2 If a legal representative or a person employed by Elfen Couture in the performance of any of its obligations acts with negligence or slight negligence, the liability of Elfen Couture shall be limited to the typically foreseeable damage where a material contractual obligation was breached. Any further liability for negligence or slight negligence shall be excluded.
10.3 Notwithstanding section
10.2 above, Elfen Couture shall be fully liable for damage to life, limb or health which results from intentional or negligent violation of a duty on the part of Elfen Couture.
10.4 All claims for damages – save for those caused by wilful action – will expire after two years. The limitation period will start to run at the end of the year in which the claim arose.
11. Transfer of Risks
11.1 On physical hand over of the Product to Client, the risk of accidental loss and of accidental deterioration will pass to Client.
11.2 If the Product shall be shipped on Client’s request, the risk of accidental loss and of accidental deterioration will pass to Client, when the Product is physically handed over to the shipping company.
12. Retention of Title
12.1 When Products are delivered, Elfen Couture will retain all title thereto (hereafter "Retained Products"). Title to the Retained Products will be passed only on full remittance of all payments due.
12.2 Client is not entitled to dispose of the Retained Products in any way unless Elfen Couture has given its prior written consent to such disposal. This shall also apply to disposal of the inchoate title.
12.3 Client undertakes to carefully keep and maintain the Retained Products.
13. Data Protection
Elfen Couture shall comply with all legal provisions relating to the protection of data, including without limitation the Federal German Data Protection Act (Bundesdatenschutzgesetz - BDSG).
14. Miscellaneous
14.1 Client’s general terms and conditions shall not apply.
14.2 Client shall not assign its rights under these Terms and Conditions and/or the respective order except with Elfen Couture’s written consent.
14.3 Client shall not be entitled to set off any claims vis-à-vis Elfen Couture unless such claims either have been declared res judicata by court order or have been admitted by Elfen Couture.
14.4 If permissible, the courts of Berlin shall have jurisdiction over any legal dispute between the parties arising from or in connection with these Terms and Conditions and/or the respective orders.
14.5 The contractual relations are governed by German law; the application of the 1980 United Nations Convention on the Contracts for the International Sale of Goods (CISG) is excluded.
14.6 If any provision of these Terms and Conditions and/or the respective order is invalid, this will not affect the validity of the remaining provisions. The parties will, without delay, substitute the invalid provision by a valid provision which comes closest to the economic intent of the invalid provision.
14.7 Any modification or amendment must be made in writing. This also applies to the cancellation of this written form requirement.