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General Terms and Conditions of Damaged Brain Inc.
§ 1 Duty to supply information
Contract is made with Damaged Brain Inc.
Damaged Brain Inc.
239 NW 32 CT
33309 Fort Lauderdale / Florida
In the EU products will be shipped and invoices will be issued by:
Cutglass Halloween Gore Store GmbH
+49-89-260 25 285
+49-89-260 25 285
Complaints shall be made to the adress stated above or you can exercise your right of cancellation according to §6 in this contract.
§ 2 Contracting
Before sending your order, you have the option to review and, if necessary, to change your data (e.g. name, address, method of payment, selected items) A binding order with Damaged Brain Inc. is placed after you have run through the complete order transaction and after you have filled in all requested data and clicked on “Buy Now”. This offer shall be accepted by the consignment of the ordered goods. The conclusion of the contract is subject to the availability of the ordered goods or services. In case Damaged Brain Inc. is unable to accept the customer’s order the customer shall be informed via e-mail.
§3 Prices, delivery time, delivery charges
All prices do include VAT. Damaged Brain Inc. shall dispatch the ordered items to the address stated in the order form as soon as possible. Items shall be dispatched by parcel post. In case of delivery delays we shall promptly inform you by e-mail of the estimated date of delivery. Damaged Brain Inc. reserves the right of partial delivery. The delivery takes place at respectively disclosed shipping costs. Please find the details for shipping costs outlined in Shipping Information . Items are usually sent within 2-3 working days. Within Germany we offer a 24h - express service for an extra charge. All express orders received before 14.00 will be delivered the following day before noon via express company. If you wish express delivery, please do contact us by phone under the following number: 0049–(0)89-260 25 285 to request express delivery and have it confirmed!
§ 4 Retention of title
Until all claims against the buyer have been fully settled, legal title to all delivered merchandise shall remain with Damaged Brain Inc.
§ 5 Maturity and payment
We accept payment by credit card or Paypal, prepayment (bank remittance) or cash on delivery, the latter only within Germany.
5.1 Cancellation charges:
If you exercise your right of cancellation, you shall pay the regular costs of the return shipment if the delivered goods are consistent with the order and if the value of the goods is not higher than 40 Euros or, where the value of the goods is higher, at the time of the cancellation you have not yet paid the equivalent or a contractually agreed part payment. In any other case return consignment is free of charge.
§ 6 Disclaimer
6.1. Right of Cancellation:
You may cancel your contract within two weeks without giving reasons, in writing (e.g. letter, fax, e-mail) or – if the goods have been left to you before the end of this term – by returning the goods. The period shall begin to run after receipt of these terms and conditions, but in any event not before the goods have been received by the customer (if similar goods are delivered in repeated instalments the cancellation period shall not begin before the first instalment has been received by the customer) and not before we have carried out our duty to supply information in accordance to article 246 § 2 together with § 1 para. 1 and 2 EGBGB (Introductory Law to the Civil Code) and our duties in accordance to § 312g para. 1 p. 1 BGB (German Civil Code) together with article 246 § 3 EGBGB (Introductory Law to the Civil Code). In order to comply with the cancellation period it shall be sufficient for the cancellation or the item in question to have been posted within this period.
Cancellations have to be made to:
Halloween Gore Store GmbH Muellerstrasse 54 80469 Germany Fax: 0049-89-63892403 email: firstname.lastname@example.org
6.2. Cancellation Consequences:
In the event of a valid revocation, any services or products received, and any profit derived therefrom, if any, such as interest, shall be returned. In the event that you are unable to return the services or products received (such as the amenity and advantage of using) in their entirety or at all, or where you can only return them in a deteriorated state, then you will be liable to pay compensation to us accordingly. This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the goods in order to test their properties and mode of operation as you would have been able and allowed to do in a retail shop.
Items eligible to be shipped via parcel post are to be returned at our risk. When returning goods you shall pay theregular costs of the shipment if the delivered goods are consistent with the order and if the value of the goods is not higher than 40 Euros or, where the value of the goods is higher, at the time of the cancellation you have not yet paid the equivalent or a contractually agreed part payment. In any other case return consignment is free of charge. Items which can not be shipped via parcel post will be picked up from your address.
Any obligation to refund of payments must be fulfilled within 30 days. For you the period starts from the dispatch of the notice of cancellation or dispatch of the goods. For us the period starts from the reception of the goods.
End of Disclaimer
DHL Retour Portal
For easy and comfortable returning of goods, please use the parcel label available under the following link.
§ 7 Data Protection
Any data necessary for processing orders will be recorded according to the German Data Protection Act and handled confidentially. To receive your order data in printed form, click on “print order” on the “My Order” page.
§ 8 Final Clause
All legal relations between contracting parties shall exclusively be subject to German law. The application of the Uniform Law on the International Sale of Goods and the United Nations Convention on Contracts for the International Sale of Goods is excluded.
8.2 If an individual provision of these general terms and conditions is or becomes completely or partially invalid or impracticable, this shall not affect the remaining provisions of these general terms and conditions.