Terms & Conditions

Terms & Conditions (as of 22 June 2014)

§ 1 Purpose of the T&C, Validity
The purpose of the terms and conditions is to provide the contract conditions for all transactions between DAVISWEAR and the clients of www.daviswear.de or www.daviswear.com, DAVISWEAR'S on-line shop. If any of the provisions of the terms and conditions shall be deemed illegal, void, or for any reason non-binding, then that provision shall be rescinded for these terms and conditions and shall not affect the validity and binding of any of the remaining provisions. 

§ 2 Contract Realization 
The offers of DAVISWEAR on-line shop are non-binding. By clicking the "buy now" button, the customer states that he/she would like to purchase the contents of the shopping cart. Upon receipt of the order, DAVISWEAR will solely confirm receipt of the order via e-mail. Subsequently DAVISWEAR will verify the customer data and the availability of the merchandise ordered. If the customer data proves to be complete and valid, and the ordered merchandise is available, DAVISWEAR will confirm the order itself via e-mail, thereby validating the contract.

§ 3 Required Information
When ordering, the customer is obliged to provide the correct personal data. If the data provided by the customer changes, in particular the name, address, e-mail address or credit card information, the customer is required to inform DAVISWEAR as soon as possible so that DAVISWEAR will be able to correctly process and complete the order.

Should the customer fail to provide this data, make false statements or give an incorrect e-mail address, DAVISWEAR may void the contract if one has already entered into force.

Immediately upon receipt of the order, DAVISWEAR will send an e-mail to the customer for the sole purpose of confirming receipt of the order. After the customer data and availability of the articles ordered have been verified, DAVISWEAR will send the customer an order confirmation with further details (i.e., approximate delivery period etc).

The e-mail account provided by the customer must be valid from the time of the order. DAVISWEAR assumes that the customer data was incorrectly provided, if three attempts to send an e-mail failed, or if the order could not be delivered due to an incorrect address.

§ 4 Termination Rights
The customer has the right to cancel the contract within fourteen days without giving any reasons. 

The withdrawal period is fourteen days from the date on which you or a third party named by you, which is not the carrier, have taken physical possession of the goods. To exercise your right of cancellation.

Click Customer Information for more details. A copy of the detailed customer information will be sent to the customer with the order. 

In the event the customer exercises his/her right to cancel the order, daviswear has to return all received payments including the initial shipping cost. The customer will have to bear the cost for the return postage.

§ 5 Password, Secret Access
The customer may register and choose a password, or have DAVISWEAR issue one for him/her.

A registered customer can view and change his/her personal data by entering his/her e-mail address and password.

The customer is obliged to store his/her customer number and password carefully so that no knowledge thereof may be obtained by outside parties.

§ 6 Product Delivery
DAVISWEAR will process the order immediately upon receipt. In most cases, daviswear will ship the order three weeks after receipt of the order, unless other delivery arrangements have been made. It can at times take longer than 3 weeks. daviswear will inform the customer if this is the case.

Liability will be assumed by the recipient once the goods have been shipped.

Product delivery is subject to availability. If DAVISWEAR is not able to send the ordered item or an item equal in quality and price to the one ordered, DAVISWEAR may forfeit liability.  daviswear can also forteit liability and terminate the contract if daviswear realizes during the production process that due to technical difficulties or other reasons, the order can not be produced as ordered by the customer or will not turn out to the customers satisfaction. In this case, DAVISWEAR has to inform the customer as soon as possible that the item ordered cannot be delivered. If the item has already been paid for, DAVISWEAR is obliged to refund the money.

If DAVISWEAR does not ship the order within the allotted time frame, the customer may cancel his/her order in writing.

§ 7 Payment
The purchase price is due immediately after ordering unless other arrangements have been made in writing. All prices are in Euro and include the German sales tax. (The customer can choose to have the prices shown in Swiss Francs, US Dollars, and British Pounds. daviswear cannot guarantee the correctness of the converted prices. The customer should therefore rely on the Euro prices). 

The customer is automatically delinquent if DAVISWEAR has not received payment by the time the order is being shipped which usually happens arount 3 weeks after placement of the order.

In such cases, interest will be affixed in accordance with German law.

The customer does not have the right to withhold payment or to make partial payment based on a previous transaction, unless otherwise granted specific permission to do so in a court of law or by DAVISWEAR.
The customer may exercise retention rights only if his/her counter claim is based on the same contract.

The following payment options are available:
Within Germany:
EC Card payments through PayPal
Credit Card Payments through PayPal with Visa-, American Express-, Discover-, or MasterCard.
Pre-Paid to our bank account
Payment on delivery through the German Postal System ("Nachnahme Sendung")

Outside of Germany
Credit Card Payments through PayPal with your Visa-, American Express-, Discover-, or MasterCard.
Pre-Paid bank transfer to our bank account

§ 8 Shipping and Handling Cost, Minimum Order, Import Taxes and Duties
We will deliver free of charge within Germany if the total cost of the ordered merchandise is over 250,- Euro. For orders under 250,- Euro shipping cost is as follows:

  • 4,00 Euro for a Package delivered by Hermes to a Hermes Shop close to the customer's address.
  • 4,50 Euro for a package delived by Hermes to the customer's shipping address.
  • 5,00 Euro for Registered Mail
  • 6,00 Euro for a package delivered by DHL.
  • 14,90 Euro for a DHL package paid on delivery.

POD is possible within Germany only.

Delivery fees for EU countries are as follows and will be calculated automatically in the check-out process considering the approximate weight of the merchandise and its packaging material: 

  • 13,90 Euro for a package delivered by Hermes (Hermes does not ship to Zypres, Bulgaria, Malta und Greece)
  • 17,00 Euro for a package delivered by DHL.
  • For some EU-Countries delivery by registered mail is possible. Prices start at a minimum of 8,00 Euro depending on the country and weight of the parcel. Which options apply and what the exact prices are for the custumer's country will automatically be shown in the check-out process, so the customer can make a choice. 

Delivery fees for Switzerland and Liechtenstein are as follows and will be calculated automatically in the check-out process considering the approximate weight of the merchandise and its packaging material: 

  • 25,00 Euro for a package delivered by Hermes
  • Registered Mail
  •      up to 500 g   10,00 Euro 
  •      up to 1000 g 14,00 Euro
  •      up to 2000 g 24,00 Euro

Delivery fees for non European countries are as follows and will be calculated automatically in the check-out process considering the approximate weight of the merchandise and its packaging material: 

  • Registered Mail
  •      up to 500 g    10,00 Euro
  •      up to 1000 g  15,00 Euro
  •      up to  2000 g 25,00 Euro

For orders shipped to Non-EU contries as well as to the Canary Islands (possibly other countries as well), import taxes, custom fees, and duties may apply. Every country has its own rules. The customer will have to bear this cost. DAVISWEAR has no influence on that cost and does not know the amount of it. Some countries do not charge taxes or duties on items below a certain cost, others do. Details about taxes or duties on small imports are available at post or tax offices.

§ 9 Reservation of Proprietary Rights
Goods remain the property of DAVISWEAR until fees have been paid in full, and are subject to our extended reservation of property rights.

§ 10 Guarantees / Warranties
The guarantee is in accordance with German legal statutes and the following regulations.

The customer must immediately check the merchandise for defects upon receipt of the shipment. If the merchandise is defective, the customer is obliged to immediately inform DAVISWEAR in writing. If DAVISWEAR is not immediately informed upon receipt of the merchandise, the customer may not claim any rights at a later time.

DAVISWEAR cannot be held liable for damage of any kind to the merchandise caused by the customer or for normal wear and tear.

In the unlikely case that faulty merchandise was deliverd, DAVISWEAR can choose to either repair the merchandise or replace it. Should all efforts fail or the replaced merchandise also be faulty, the customer can choose to return the merchandise and be reimbursed or ask whether the price can be reduced.

§ 11 Liabilities, Compensation
An assurance of merchandise characteristics or services does not exist. The description of merchandise or services does not represent an assurance of characteristics. Furthermore, DAVISWEAR does not guarantee any characteristics in the online-shop.

Whatever the circumstances, customers are only entitled to compensation if damage was caused by the vendor deliberately or by gross negligence. DAVISWEAR is not liable for indirect damages, especially not for lost profits. DAVISWEAR cannot assure permanent and uninterrupted availability of "www.daviswear.com/or www.daviswear.de" or its subdomains and is not liable for technical, electronic or typing errors of the online-offer or damage caused to the customer's computer.

Claimes based on c.i.c./p.v.v. have a 2 year statute of limitations.

The product liability law remains uneffected.

§ 12 Data Protection
Personal customer data is used solely for the processing and billing of the order. DAVISWEAR uses industry-standard SSL (Secure Socket Layer 256 bit)-encryption to protect the transmission of your personal data. We do not ever store any credit card data in any form. You can log in into your personal account using your e-mail address and password to see all of your electronically stored data. You can correct or delete it at any time or ask us to delete it for you.

The shop uses cookies to store your items on your wish list or in your shopping cart etc. for your future use. Cookies are not used by us for any purpose other than making your shopping experience more pleasant. However, you have the option to change the settings in your browser to disable cookies from our site.

§ 13 Applicable Law
These terms and conditions shall be governed by and enforced in accordance with German law, excluding the UN Convention on Contracts for the International Sale of Goods. Any legal proceeding directly or indirectly arising out of or relating to these terms and conditions or this site (including but not limited to the purchase of DAVISWEAR products) shall be filed in the court of Rüsselsheim, State of Hessen, Germany, only.

In the event that the customer has her/his own terms and business conditions, that are different from DAVISWEAR'S, only DAVISWEAR'S terms & conditions apply.

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