These terms and conditions of trading and delivery apply to all contracts, supplies and other achievements, including advisory activities, between City-Souvenir-Shop GbR (Holders: Mathias Welge, Jan Sandig) and the customer and are hereby contradicted to purchasing conditions of the buyer. With an order, the customer accepts these trading conditions automatically. Customers in the sense of these conditions are consumers only.
The representation of the products in this online shop, catalogue, or other form does not represent a legally binding offer, but a noncommittal online catalog. By clicking the button "Buy" in step three of the checkout process, the customer makes a proposition towards City-Souvenir-Shop to conclude a contract of sale for the goods contained in the shopping cart. A confirmation of the order along with its details will be sent to the customer by automated e-mail immediately. City-Souvenir-Shop will accept the completion of the sales contract by sending the ordered goods to the customer.
The customer has the possibility to choose German, or English as language of contract.
§3 Right of revocation
Information of the right of revocation
The customer has the right to return goods within 14 days (including the day of delivery, and not after we have informed the customer according to German laws art. 246 § 2, in conjunction with § 1 section 1 and 2 EGBGB, as well as our duties according to § 312g section 1 sentence 1 BGB in conjunction with art. 246 § 3 EGBGB) for exchange or refund without telling any reasons for decision. This right can be claimed in written form (letter, fax, e-mail) or by returning the goods within the mentioned time period. Goods that are perishable or in their properties and condition not suitable for return (e.g. flammable or hazardous liquids) are excluded from this rule. City-Souvenir-Shop may claim depreciation for goods that have been already used by the customer to an extent above a usual check of features and functions of the goods, as You would and could do at a retail store. To avoid this, please return goods in good condition and in the original packaging with the original bill.
Please claim Your right of revocation in written form (or return the delivered goods) to:
City Souvenir Shop
Mathias Welge, Jan Sandig GbR
Fax: +49-(0)40-33 42 48 92
City-Souvenir-Shop will not accept to pay the expenses of goods returns. This applies if the delivered goods are those that were ordered and if the price of all returned products does not exceed 40 Euros - OR if the price of all returned products exceeded 40 Euros at the time of the order and the customer has cancelled the order before payment or the customer has paid an instalment.
City-Souvenir-Shop will only pay the expenses of good returns when the following condition is fulfilled:
The goods received are not those ordered. You have expressed your misgivings regarding your delivery to the carrier (see §8). In this case, we kindly ask You to contact the customer service department via our contact form, and we will organise the return of your product.
Items that are not returnable:
- products that are specially made for You,
- goods that are not suitable for return in their properties and condition (e.g. flammable or hazardous liquids),
- perishable or already perished food,
- audio- and video-recordings and software with broken seals
- end of information of the right of revocation -
Agreement over payments regarding expenses of goods returns
In case You choose to claim Your right of revocation, City-Souvenir-Shop will not accept to pay the regular expenses of goods returns. This applies if the delivered goods are those that were ordered and if the price of all returned products does not exceed 40 Euros - OR if the price of all returned products exceeded 40 Euros at the time of the order and the customer has cancelled the order before payment or the customer has paid an instalment.
§4 Prices/Terms of Payment
- Prices indicated are in Euros (€). They are indicated with tax included, excluding duty. While stocks last. Prices may vary if the product is restocked. Prices are subject to misprints and display error.
- A detailed bill will be provided with the delivery of your order. All bills will be issued in Euros (€), all bank payments can be made in Euros (€).
- The payment is due with acceptance of the order by City-Souvenir-Shop. Only methods of payment that are applicable during the checkout process can be accepted.
- In case of a credit card payment, Your credit card will be charged on confirmation of Your order (see §2 of this t&c).
- In case of a payment by bank collection (offered in Germany only), Your bank account will be debited on confirmation of Your order.
- City-Souvenir-Shop may assign to customers the status of a patron. Patron customers will be entitled to use additional methods of payment. Customers may not qualify as patrons. Patron status can be withdrawn at any time and without giving reason.
- City-Souvenir-Shop reserves the right to refuse customers particular methods of payment in individual cases and to insist on other methods of payment as the customers wish.
- In case of delay of payment by the customer, City-Souvenir-Shop reserves the right to demand interest for delay at 5% above the ECB's current rate p.a. If City-Souvenir-Shop suffered a veritably loss, City-Souvenir-Shop may claim this loss against the customer.
- If City-Souvenir-Shop suffered charges because of back posting (chargeback fees), City-Souvenir-Shop may claim this charges against the customer.
§5 Dispatch and passage of the risk
Goods remain the property of City-Souvenir-Shop until payment has been received in full. Ownership of the goods changes once payment for goods is received in full.
§6 Minimum Order and Shipping Costs
There is no minimum order value.
In general, shipping costs depend on the gross weight of the order. Orders from inside Germany will be shipped for a flat fee of 3.90 EUR and will be shipped free of charge if the amount of the ordered goods exceeds EUR 50. A full overview to our shipping costs can be found here in our table of shipping costs. Approx. weight of the ordered products will be stated on each product details page and, again, in the shopping cart.
City-Souvenir-Shop shall deliver the ordered goods to the address indicated by the customer in the order (if nothing else has been specified) as soon as possible. City-Souvenir-Shop shall be entitled to make partial deliveries (costs for partial deliveries will be charged by City-Souvenir-Shop). City-Souvenir-Shop has then fulfilled the contract. City-Souvenir-Shop reserves the right to sell certain products in limited amounts only.
In case suppliers of City-Souvenir-Shop cannot assume their duty for deliverance, City-Souvenir-Shop may withdraw from the contract. The customer will then be informed about the situation immedietely. Eventually paid charges will then be refunded promptly.
NO DELIVERANCE OF BEER OR WINE TO PEOPLE UNDER THE AGE OF 16!
§8 Worldwide Delivery
Shippings to non-EU-countries will be declared with contents and value of goods. Goods maybe liable to customs duty, payable by the customer. Goods may also underlie national restrictions for the importation, which shall be considered by the customer. City-Souvenir-Shop is not responsible for the compliance of its goods with national terms and regulations in the customer's country outside the EU.
§9 Notices of defect, guarantee and compensation
We ensure, that the sold products at the time of the passage of the risk are free of product-, material-, and factory defects, and that they feature the contractually assured characteristics. Customers can only claim liability for defects if the products have been checked immediately on receipt. Defects have to be claimed in written form within 14 days after deliverance. City-Souvenir-Shop can only be made responsible for defects in the scope of its own liability. For defect removal, the buyer has to grant City-Souvenir-Shop the time necessary to repair or replace in particular the faulty article; otherwise the guarantee is void. If City-Souvenir-Shop lets elapse this time period without repairing the product or without supplying replacement, or if the rework and/or replacement is impossible, fails or is refused by City-Souvenir-Shop, after its choice the right is entitled to the customer to require cancellations of the contract (transformation) or reduction of the purchase price (decrease).
The liability of City-Souvenir-Shop exclusively depends on the agreements made in the managing section. Claims for damages of the customer from being to blame for with conclusion of a contract, injury of contractual responsibilities, and bad actions are impossible. This limitation of liability applies to the customer accordingly. With injury of substantial contract obligations, this liability is limited however to substitution of foreseeable and typical damage. The liability for the consequences developing from products delivered by City-Souvenir-Shop is waived by, for instance, inappropriately made changes, modifications, or repairs by the customer or third. The customer holds the exclusive responsibility for special and professional use of bought products as well as their subsequent treatment or installation. In particular, safety-relevant products may be used only by professionals. In each case absolutely, the references of the manufacturer are to be considered. Requirements from the product liability law remain unaffected by the managing regulation.
If within the internet offer the possibility for the input of personal or business data is used, then giving up these data takes place on the part of the user on expressly voluntary basis. Customers understand and agree that personal data necessary for the order process will be saved and treated confidential, according to the applicable German laws Bundesdatenschutzgesetz (BDSG), and Telemediengesetzes (TMG).
§11 Registration and password
In case of an active user account on City-Souvenir-Shop, the user is obligated to treat the combination user name/password confidentially and to not pass this data on to third. With suspicion on abuse of the entrance data, the operator is to be informed.
§12 Place of delivery and area of jurisdiction
Place of delivery and area of jurisdiction are, so far legally permissible, for supplies and payments as well as for all disputes resulting in between the parties itself, seat of the salesman. The relations between the Contracting Parties exclusively regulates itself after the valid laws in the Federal Republic of Germany, under exclusion of the UN buyers rights. Fraud and attempted deceits lead to the immediate announcement and to the introduction of a criminal procedure.
These general terms and conditions of use refer to City-Souvenir-Shop. If parts or individual formulations of this text of the valid legal situation should not correspond, to no more or not completely, the remaining parts of the document remain unaffected in their contents and their validity by it. If a part of these trading conditions, for any reason, should be futile, the validity of remaining contract contents is not affected. In their place the legally planned rules will take over.