§ 1 Contracted Parties
Contracted parties under the following general conditions of Business are:
Underground shoes, clothes from London
Owner Gernot Meyer
(thereafter known as “Underground”) and the customer.
All deliveries and services which Underground provides for the customer are exclusively subject to the following general conditions of Business which are valid and applicable at the date when the order was placed. Any deviation from these general conditions will be dissented. Other conditions apart form the conditions outlined in this document can only take effect with express written consent of both Underground and the customer. The general conditions of Business in their current form are valid at the time the order has been taken will also apply for future orders, even where no formal agreement has been made.
§ 2 Formal Acceptance of contract Undergrounds offer on their Website pages are an invitation to their customers to order goods with Underground. By ordering the required goods, completing and sending the Online order form via Internet, E-Mail, or fax, by phone or by post, the customer is then making a binding offer until completion of the contract of sale. The offer is binding at the latest, when it has reached Underground. Underground will immediately confirm receipt of the order. Underground is entitled to accept this offer within 7 calendar days by sending a confirmation of the order or sending out the ordered items. The confirmation of the order is usually communicated via E-Mail
§ 3 Agreement on Description The descriptions of the items for sale are based on the product description in the shop. Any deviations from this must be agreed in writing.
§ 4 Prices All prices quoted include the VAT applicable at the time, without packing and postage costs. Packing and Postage will be invoiced on addition. Please refer to the heading “Delivery and Postage costs” in our shop. We can only send abroad once the invoice amount of the items plus postage has been transmitted in advance. C.O.D. is only possible within and with incurs a C.O.D. cost of € 4 + € 2 for C.O.D. service charge from the German post office. All prices quoted, including packing and postage are applicable for each country of destination and applicable at the time the order was placed. When Underground Internet pages are updated, all previous prices and other details will be overridden. The general conditions of side at the time the order was placed will apply.
§ 5 Payment conditions – Cancellation Payment to be effected by payments in advance or C.O.D. Underground reserves the right to refuse payment by C.O.D. to refuse the customer; offer or to cancel the contract wherever Undergrounds purchase price claim is endangered.
§ 6 Right of Return (Advice of right to return goods) You can return items without giving any reason within 2 weeks of receiving the items. The time limit begins at the earliest on receipt of the items or on receipt of advice of Right to return goods. Return of the items on request to return must be within this time limit. In every case we will cover the costs and risk. Items are to be returned to
Underground Shoes & Clothes
Inh. Gernot Meyer
The general conditions of sale are applicable to both parties – In case the items have deteriorated compensation can be claimed. This is not applicable, where deterioration results from exclusively trying out the item, as would been the case in the shop itself. You will not have to pay any compensation, if you have not laid any ownership to the item and taken all steps to avoid anything which may reduce the value – Returns can be carried out by the customer free of cost, by the most economical and secure means. Any costs incurred by the customer will be reimbursed by Underground.
§ 7 Conditions of Delivery – Liability Delivery is from stock to the address stated by the customer. Delivery time is as stated on the website. Any delivery times given are not binding, insofar as the delivery time in exceptional cases has not been expressly agreed andconfirmed in writing. Every delivery is subject to Underground being supplied in time and correctly. Where an ordered item I unexpectedly unavailable Underground is entitled to offer the customer a similar product in terms of price and quality of cancel the order. Underground will immediately inform the customer of any non-availability and reimburse any payments which may have been affected. Underground will not undertake responsibility for any damagesincurred for which they cannot be held directly responsible. The customer has the right to appeal if delays in delivery are due to any 3rd party actions then the delivery time will be extended. The customer will be advised immediately. If the causes for the delay is in delivery last longer than 4 weeks after completion of contract either party can withdraw. Delivery is subject to a cost which is expressly stated on every delivery/invoice.
§ 8 Ownership Items ordered are remaining exclusively the property of Underground until paid for in full. Before legal transfer of items no resale, hire, lease, transfer of ownership, use, or other use or alteration will be allowed by Underground without express consent.
§ 9 Damage in Transit – Customer Rights to inspect items If items arrive clearly damaged – package or contents, the customer can complain to the transporters and refuse delivery – he must also contact Underground immediately. Any defects which are not immediately obvious must be reported without delay to Underground.
§ 10 Guarantee Any claims by the customer against Underground for complaints are subject to the legal time limits under the general conditions of sale, so long as no subsequent amendments are effected. The legal guarantee is 2 years. Any obviousdefects must be immediately reported in writing to Underground and within 2 weeks after receipt. Any damage caused by unsuitable use by customer or contrary to agreement are no cause for any claim against Underground. Unsuitable use and violations of contract can be referred to in particular in the instructions for use and wear in Shop. If the customer is a business and the items are for business use, then any claims for defects can only be considered within 1 year from receipt of the item.
§ 11 Liability Underground is only liable for any wilful or gross negligence. If any breech of duty arises from gross negligence and contraction duty, Undergrounds liability is limited to damages which would be incurred in typically similar cases. Otherwise, no other liability will be accepted. Liability under consumer law remains unaffected.
§ 12 Debt claims The customer is not entitled to offset against any invoices from Underground with any debts of his own, even if the customers debts are straightforward and legally justified, even if they result from the same contract.
§ 13 Date Protection Date protection is subject to the valid state date protection as well as the Telecommunication date protection law. Any details of the customer will be erased and will only be processed and used by official partners in connection with the contract or the business relationship between the customer and Underground.
Invalid Clauses – Court – Valid Law Any invalid clauses will not invalidate the whole contract. It will be replaced by a legally valid clause. Any Court hearing will be in
Nuremberg , if the customer is a tradesman, a legal person from public law or public law separate estate. All contracts are subject to German law. EU consumer rights law will be applicable.