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General Terms and conditions of Kostümpalast GmbH

Detailed information about payment, returning, delivery time and refunding you will find at our FAQs

 

Table of contents:

          1.       General terms
          2.       Conclusion of contract
          3.       Delivery within Germany
          4.       Packaging and shipping costs
          5.       Payment
          6.       Right of revocation/Cancellation consequences
          7.       Warranty
          8.       Liabilities
          9.       Data Protection and Google Analytics
        10.       Copyright
        11.       Links on our sites
        12.       Validation of General Terms and Conditions
 
 
1. General Terms
 
All services Kostümpalast performs for its clients are carried out solely on base of the following general terms ans conditions. Differing arrangements only apply if there is an agreement in writing between Kostümpalast and the client. Service dues like cash on delivery or express will not be refunded.
 
2. Conclusion of contract
 
2.1 Kostümpalast's offers on the internet at "Kostuempalast.de" are offers without obligation.

2.2 By ordering the favored items on the internet the client constitutes an offer to enter into a sales contract.
 
2.3 Kostümpalast is authorized to accept this offer within 2 calendar days by sending out an order confirmation. The acceptance of order is carried out immidiately after completing the order transaction. Should an order confirmation not be delivered immidiately a new e-mail verifying is necessary. Only with correct input of the e-mail address an order confirmation can be sent out in proper form. Frequently order confirmations can not be delivered due to full inboxes.

3. Delivery within Germany

 
3.1 All articles will be shipped immidiately after receipt of payment if they are in stock. Delivery is carried out within Germany as well as EU countries.
 
3.2  Delivery time within Germany is 1 - 2 business days after receipt of payment if not otherwise stated in the offer. Cash on delivery parcel as well as payment method DIRECTeBanking will be shipped after incomming order (until 12 o'clock).
 
3.3 In case an article is short-dated not available we will inform you about the expected delivery time if we have your e-mail address or phone numner.
             
In case of delayed delivery, as for example due to force majeure, traffic problems and stipulations on high authority as well as other occurrences for which Kostümpalast cannot be held responsible, no indemnity claims against Kostümpalast can be made.

4. Packaging and shipping costs.

4.1 For delivery within Germany and packaging costs we charge a lump sum of 5,99 Euro for 1 parcel irrespective of the ordered quantity and up to weight of 10 kg.

5. Payment

Bank details:

Depositor: Kostümpalast GmbH
Bank name: BW Bank Baden-Württemberg
Account number: 802 53 24
Bank code: 60050101

For payments from outside of Germany:

BIC: SOLADEST600
IBAN: DE50600501010008025324 

 
5.1 All stated prices are final prices including statutory value added tax applicable in each case in the Federal Republic of Germany (19 % at the moment). All prices are quoted excluding postage.
 
5.2 For delivery within Germany the following payment methods are possible: 
 
- via DIRECTeBanking
free of charge and fastest payment method - your items will be shipped immidiately. Only possible with online banking and sufficient account coverage. You can complete an online wire transfer right after completing the order transaction without changing to your bank's website and without inserting any dates of your order. Please keep your PIN/TAN ready. Thanks to a comprehensive safety concept DIRECTeBanking is one of the safest payment methods online on the internet.
 
via wire transfer
payable within 7 days. Ordered articles will be shipped right after receipt of payment. Bank details and all required information you will get with the order confirmation which is sent out automatically after order transaction. Please state your order number as reason of payment. Otherwise we can't allocate your payment, especially if payer and buyer are not the same person. Orders not paid in due time will be deleted after 8 days during our peak season.
 
- via cash on delivery
(articles are paid directly at the door or post office) for an additional charge of 10,00 EUR, articles are shipped immidiately. We expressly wish to point out that this charge must also be paid if the parcel can't be delivered due lack of suitable means of payment  or it can't be delivered to the given address.
 

via Paypal/credit card

 
- Delivery on account is not possible. Payment has to be made up front.

 5.3 All delievered products remain the property of Kostümpalast until the payment is complete.
 (reservation of proprietary rights according to §§158, 449 BGB). Unpaid orders will be deleted after 8 days during the peak season.

6. Right of revocation/Cancellation consequences

Right of revocation

You may revoke your contractual agreement without having to provide a reason for doing so within 14 days in writing (e.g. by letter, fax, e-mail) or by returning the delivery. The period begins upon receipt of this notification in writing, but not before receipt of the goods at the receiver (in the recurring supply of similar goods before receipt of the first partial delivery) and not before we have fulfilled our duty of information pursuant to Article 246 clause 2, in conjunction with clause 1, paras 1 and 2 EGBGB (Introductory Statute to the German Civil Code) and our obligations pursuant to clause 312e para 1, line 1 BGB (German Civil Code), in conjunction with article 246 clause 3 EGBGB. The cancellation period is observed by timely sending the cancellation notice or dispatching the goods.

The notice of revocation should be addressed to:

Kostümpalast GmbH
Max-Eyth-Str. 1
71691 Freiberg

Fax 07141 7024473
e-mail: [email protected]

 

Cancellation consequences

In the case oan effective revocation the mutually received benefits are to be returned and if so derived profits are to be returned. In case you are unable to reimburse us either in total or partially for services received, you are required to offer a compensation of equal value. "Testing the characteristics and functionality" means testing the article in the same manneas would be possible in ashop.

Any merchandise eligible for shipping will be returned at our risk. In the case of withdrawal you must bear thregular costs ofreturn shipment if thpurchase price of the article to be returned does not exceed an amount of 40 euro or if, in the case of a higher purchase price, you have not yet undertaken to pay the purchase price or an agreed installment at the time of withdrawal. Otherwise the sending back is free of charge for you. Objects not capable of dispatch by parcel shall be collected from you.

This only applies for returns within Germany.

Duties for the compensation of payments must be fulfilled within 30 days. This time period begins for you with the posting of your rescission or the merchandise, for Kostümpalast with the reception of it.

End of the information about rights of revocation

Detailed information about returning items you find here: https://www.kostuempalast.de/en/FAQs/#Ruecksendung

7. Warranty

Should it be determined that the goods have been damaged in transit, the recipient is to report the damage to the carrier (dispatch service) immediately. Recognizable defects must be notified to us in writing promptly after receipt of the goods.

We shall not be liable for defects that occur as a result of incorrect handling, normal wear and tear or external factors. The warranty expires in cases of repairs or changes of the goods carried out by the purchaser or by a third party without Kostümpalast's prior written consent.

8. Liabilities

8.1 In all cases of intent or gross negligence on part of Kostümpalast, a representative or auxiliary person, Kostümpalast is liable according to statutory regulations. Liability for guarantees exists independently of the issue of negligence. For simple negligence Kostümpalast is liable only according to the German Product Liability Act on account of personal injury to life, body or health, or due to breaches of a substantial con tractual obligation. Damage claims for slightly negligent violation of contractual obligations is limited to the foreseeable damage for the applicable type of contract, unless liability exists for harming human life, body or health. 
Kostümpalast is liable to the same extent for the fault of vicarious agents and representatives.

8.2 The regulations in the article above (8.1) extends to compensation in addition to the service, compensation instead of the service, and the claim for compensation on account of futile expenditure, likewise on whatever legal grounds, including liability on account of defects, delay or impossibility.

9. Data Protection and google Analytics

Your submitted data is only used for carrying out your order. Any data you enter on this site will be treated confidentially. The transfer of data takes place to third parties only to the extent necessary to proceed your order. The order data are encrypted and transferred securely, however we do not accept any liability for data security during the Internet transfer (e.g. due to technical failures on the part of the provider) or for possible criminal intervention by a third party to data on our website.
Access data for the customer log-in, which are transmitted to the customer on request, are to be treated by the customer as strictly confidential as we hold no responsibility for the use and application of this data.

 

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). 
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. 
In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. 
Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. 
On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. 
Google will not associate your IP address with any other data held by Google. 
You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. 


Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

Further information can be found under http://www.google.com/intl/en_uk/analytics/tos.html (Google Analytics Terms of Service & Privacy). 
Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking). (Source: www.datenschutzbeauftragter-info.de)

10. Copyright

All external logos, images and graphics displayed are property of the respective persons and companies and are subject to the copyright of the corresponding licenser. All of the photographs, texts, reports, scripts and program routines that are used on this website, regardless of whether they are our own development or prepared for us by others, may not be copied or used in any other way without our express written permission. All rights reserved.

11. Links on our sites

According to the judgement passed by Hamburg district court on 12 May 1998 (312 o 85/98 - "liability for links"), the owner of a website is responsible for the contents of "linked" pages on external websites. This can only be avoided, in the view of the court, when the owner explicitly dissociates him- or herself from such content.

We herewith dissociate ourselves explicitly from all content of anlinked pages mentioned iour homepage and we do not adopt their contents.


12. Validation of General Terms and Conditions

By placing an order the general terms and conditions of Kostümpalast are accepted. Should any provision of these general terms and conditions of business be fully or partially void, ineffective or unenforceable, this will not affect the effectiveness and enforceability of the remaining provisions.

Any oral agreements have to be confirmed by us in writing.

Place for fulfilment and court of jurisdiction is Stuttgart, if no other commitments required by law.