Terms and Conditions (GTC)

§ 1 Scope
(1) These General Terms and Conditions of Sale (hereinafter: General Terms and Conditions) apply to all contracts concluded between us via our online shop,

company
Our Promise
Carl-Zeiss-Strasse 35/1
73614 Schorndorf

015779272094
info@our-promise.com

(hereinafter “ Seller ” or “ we ”) and you as our customer (hereinafter “ Customer ” or “ you ”).

The General Terms and Conditions apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive.

(2) We do not accept any differing conditions from the customer. This also applies if we do not expressly object to the inclusion.

(3) The customer is a consumer to the extent that the purpose of the deliveries and services ordered cannot be predominantly attributed to his commercial or independent professional activity.

On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§2 Conclusion of contract

(1) The presentation and promotion of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2) You can select products from our range, in particular clothing items, and collect them in a so-called shopping cart using the “add to shopping cart” button. Using the “order with payment” button, you submit a binding application to purchase the goods in your shopping cart. You can change and view the data at any time before submitting the order. However, the application can only be submitted and transmitted if you have accepted these contractual conditions by clicking on the “Accept Terms and Conditions” button and thereby included them in your application.

(3) We will then send you an automatic confirmation of receipt by email in which your order is listed again and which you can print out using the “Print” function. The automatic confirmation of receipt only documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we submit the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, general terms and conditions and order confirmation) on a durable medium (email or paper printout) (contract confirmation) . The contract text is stored in compliance with data protection.

(4) We can only consider orders for deliveries abroad if there is a minimum order value. You can find the minimum order value in the price information provided in our online shop.

(5) The contract is concluded in German.

§3 Delivery conditions

(1) We are entitled to make partial deliveries if this is reasonable for you.

(2) Delivery times specified by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price (except for purchases on account).
If no or no different delivery time is specified for the respective goods in our online shop, it is 14 days.

(3) If no copies of the product you have selected are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will not issue a declaration of acceptance. A contract is not concluded in this case.

(4) If the product you specified in your order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

(5) The following delivery restrictions apply:
We only deliver to customers who are their habitual residents
(billing address) in one of the following countries and
can provide a delivery address in the same country:
Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Arab Emirates, Australia, Canada, Switzerland, United Kingdom, Hong Kong SAR, Israel, Japan, South Korea, Malaysia, Norway, New Zealand, Singapore, United States.

§4 Prices and shipping costs

(1) All prices in our online shop are gross prices including statutory sales tax and do not include any applicable shipping costs.

(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs will also be displayed in the order form before you submit the order.

(3) If we fulfill your order through 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.

(4) If you effectively revoke your contractual declaration, you can, under the legal requirements, request reimbursement of costs already paid for shipping to you (shipping costs).

(5) The goods are dispatched by post. If you are a consumer, we bear the shipping risk.

(6) If you cancel your purchase, you must bear the direct costs of the return.

§5 Payment conditions

(1) You can pay in our online shop by invoice, credit card, direct debit or PayPal. Payment by invoice is only possible for new customers for their first order up to a goods order value of EUR 100.

(2) You can change the payment method stored in your user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined according to the calendar, you will be in default if you miss the deadline. In this case, you will have to pay us default interest for the year amounting to 5 percentage points above the base interest rate.

(4) The obligation to pay default interest does not exclude our assertion of further damages caused by default.

§6 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§7 Warranty

(1) We are liable for material or legal defects in delivered items in accordance with the applicable legal regulations, in particular §§ 434 ff. BGB.

The limitation period for statutory claims for defects is two years and begins with delivery of the goods.

If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.

(2) Any seller guarantees given by us for certain items or manufacturer guarantees granted by the manufacturers of certain items occur in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may be attached to the items enclosed.

§8 Liability

(1) Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the seller, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the seller is only liable for the contract-typical, foreseeable damage if this was caused simply through negligence, unless it concerns claims for damages from the customer resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 also apply to the benefit of the seller's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the seller fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement about the nature of the item. The provisions of the Product Liability Act remain unaffected.

§9 Data protection

Detailed information about data protection with us, in particular the scope of processing your data and your legal rights, can be found in our data protection declaration at:
our-promise.com/de/pages/wiederruf-und-ruckgabe

§ 10 Statutory right of withdrawal for consumers

Right of withdrawal:

You have the right to cancel this contract within fourteen days without giving any reasons.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us Our Promise GbR of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample cancellation form, although this is not mandatory.

You can also use the sample cancellation form or another clear declaration on our website
Complete and submit the form electronically on the website www.our-promise.com/de/pages/contact. If you make use of this option, we will immediately send you confirmation (e.g. by email) of receipt of such a revocation.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method,
that you used in the original transaction, unless you expressly agreed otherwise; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You have the goods immediately and in any case
to us at the latest within fourteen days from the day on which you inform us of your cancellation of this contract
to return or hand over. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You are only liable for any loss in value of the goods if this loss in value is due to you
Examination of the nature, properties and functioning of the goods is due to unnecessary handling of them.

The right of withdrawal does not apply to the following
Contracts:

Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer
tailored to the consumer.

Contracts for the delivery of goods that can spoil quickly or whose expiry date would quickly be exceeded.

Contracts for the supply of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.

Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery.

Contracts for the delivery of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but at the earliest
Can be delivered 30 days after conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.

Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.

Contracts for the supply of goods, the price of which is from
Fluctuations on the financial market depend on which the entrepreneur has no influence and which can occur within the cancellation period.

Sample cancellation form:

(If you want to cancel the contract, please fill out this form and send it back.)

Our Promise GbR
Carl-Zeiss-Straße 35/1
73164 Schorndorf

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the user(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for paper notification)

- Date
(*) Delete what is not applicable.

§ 11 European dispute resolution for consumers

(1) We would like to point out online dispute resolution for consumers in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa. eu/consumers/odr/ find. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.

(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§12 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of the mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and your registered office is in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. Otherwise, the applicable legal provisions apply to local and international jurisdiction.

(3) The contract remains in its remaining parts even if individual points are legally invalid
binding. In place of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole will be invalid.