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General Terms and Conditions

(January/1th/2018)

§1 Validity

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.

§2 Offers

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 a seperate confirmation E-Mail or by dispatching the ordered goods to the customer within five days (inside Germany).

The customer has the possibility to choose German, or English as language of contract.

§3 Right of revocation

Information of the right of revocation

You (the consumer) are legally entitled to a cooling off period (the time You can take to cancel Your contract) of 14 days.

The cooling off period for sales contracts ends 14 days after the day on which the last good came into the consumer's physical possession.

If You wish to cancel or revocate Your order, You are required to inform us about Your wish to cancel within the given cooling off period by email, letter, or fax to:

City Souvenir Shop
Inh. Jan Sandig
Pinkertweg 2
Benthack-Haus
22113 Hamburg
Germany
Telefon: +49-(0)40-33 42 48 91
Fax: +49-(0)40-33 42 48 92
E-Mail: info@city-souvenir-shop.de

You may also use the model cancellation form shown below, but You are not obliged to use that form.

What happens after You informed us about Your cancellation

Once the right to cancel is exercised, You are under the duty to send back the goods to the address specified above. Where You make use of Your right to cancel, You are not required to send back the goods within the cooling off period of 14 days. In that period You have to inform us about Your cancellation only. You must not delay the return and must send the goods back not later than 14 days after the day on which You informed us of Your cancellation.

You must send the goods back to our contact address (see above) at your own cost.

After having received the returned goods back, we will reimburse You any payment that we received from You without imposing any fee. This includes the purchase price and the cost of sending the goods to the consumer (delivery costs). However, we will not reimburse the return costs where we imposed them on the consumer (You), or the additional cost for more expensive delivery methods that You expressly chose compared to the least expensive standard delivery offered in our shop. We will reimburse the above mentioned payments no later than the end of 14 days after the day on which we received the goods back. If You supply us with evidence of having sent the goods back before we have received them, then we will reimburse You within 14 days from the day after the day on which we were supplied with that evidence.

We may recover an amount form You for a loss of value of the goods as a result of handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods. This means in particular that You may inspect the goods in a way that would be possible in store.

Exceptions to the statutory right to cancel imply on

  • the supply of goods that are made to the consumer’s specifications or are clearly personalised,
  • the supply of goods which are liable to deteriorate or expire rapidly,
  • in the case of contracts for the supply of sealed goods which are not suitable for return due to health protection or hygienic reasons, the right to cancel ceases if the goods become unsealed after delivery.,
  • in the case of sales contracts, the right to cancel ceases if the goods become mixed inseparably (according to their nature) with other items after delivery,
  • iIn the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, the right to cancel ceases if the goods become unsealed after delivery,
  • contracts concluded at a public auction
  • the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,
  • the supply of alcoholic beverages, where
    • - (i) their price has been agreed at the time of the conclusion of the sales contract,
    • - (ii) delivery of them can only take place after 30 days,
    • - (iii) their value is dependent on fluctuations in the market which cannot be controlled by the trader

- End of information about Your right to cancel an order contract -


Reimbursement of return costs

You must send the goods back to our contact address (see above) at your own cost. However, as part of our customer service, we offer free returns for any goods with a combined price of 25 EUR or above. Also, we will carry over the expense of goods returns in case You have received not the goods You have ordered. Please contact us to get the free return arranged before You send any goods back to us. We may send You a free address label for Your returning parcel. Please do not send back damaged goods. Instead, please contact us immediately, so we can arrange a compensation.


§4 Prices/Terms of Payment

We accept the following methods of payment: Moneyorder (advance payment), PayPal, Credit Card, Bank Transfer (Withdrawal).

  1. 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.
  2. 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 (€).
  3. 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.
  4. In case of a credit card payment, Your credit card will be charged on confirmation of Your order (see §2 of this t&c).
  5. In case of a payment by bank collection (offered in Germany only), Your bank account will be debited on confirmation of Your order.
  6. 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.
  7. 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.
  8. In case of delay of payment by the customer, City-Souvenir-Shop reserves the right to demand interest for delay at 4,12% above the ECB's current rate p.a. (if the customer is entrepreneur and not a consumer, the rate will be set at 8,12% p.a.). If City-Souvenir-Shop suffered a veritable loss, City-Souvenir-Shop may claim this loss against the customer.
  9. 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.

§7 Delivery

City-Souvenir-Shop shall deliver the ordered goods via Deutsche Post / DHL 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 paid 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 immediately. Eventually paid charges will then be refunded promptly.

§8 Worldwide Delivery / Exceptions

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.

You can obtain further information about customs duty for Your country e.g. on this website or, especially for Switzerland, on this website.

We do not deliver to the following countries: People's Republic of North Korea, Somalia, Yemen

§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.

Implied warranty applies to all products offered in our online shop.

§10 Delivery of alcoholic beverages and/or tobacco products

If an order shall contain alcoholic berevares and/or tobacco, the customer confirms, that he has reached the minimum age in his area of jurisdiction to buy such products, by confirming the order. The customer then is obliged to make sure the order will be picked up by the customer only, or by an authorized adult.

§11 Privacy

Full information about Your privacy and data security can be found in our explanation to the data security (Privacy Policy).

§12 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.

§13 Mandatory Information acc. EU Enactment No. 524/2013 concerning Online Dispute Resolution / Alternative Dispute Resolution acc. Art. 14 Paragraph 1 ODR-VO and § 36 VSBG:

The European Commission is providing a platform for online dispute resolution. This platform can be reached by this link: http://ec.europa.eu/consumers/odr/ We are not obliged and not to be about to participate in this online dispute resolution.

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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.


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City Souvenir Shop Jan-Christian Sandig
Pinkertweg 2 - Benthack-Haus - 22113 Hamburg - Germany
Phone: +49-(0)40-33 42 48 91 - Fax: +49-(0)40-33 42 48 92
Web: city-souvenir-shop.de - E-Mail: info@city-souvenir-shop.de
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