General Terms and Conditions
§ 1 Scope of application
1. The following General Terms and Conditions apply to the contractual relationship between the fashion consultancy “Kleiderordnung Berlin” represented by Martina Steinke (hereinafter referred to as “Kleiderordnung”), and client (hereinafter referred to as “client”), as well as all other services provided by Kleiderordnung.
2. Conditions that deviate from these are only valid if they are confirmed in writing by Kleiderordnung.
3. Insofar as the individual contract with the client contains written provisions that deviate from the following Terms and Conditions, these provisions shall take precedence.
§ 2 Scope of services and price
1. The scope of services shall be based on the written agreement with the client.
2. The respective price stated in the client’s quote shall apply. This stated price is binding and is understood to be the final price.
3. Due to the small business status in accordance with Section 19 (1) of the German VAT Act, Kleiderordnung does not charge value-added tax (VAT) and therefore does not list it as part of its fees.
§ 3 Formation of the contract
1. The offers shown on the www.kleiderordnung-berlin.de or kleiderordnung.berlin websites, or via other means of remote communication such as telephone, e-mail, or letter, represent a non-binding invitation to use Kleiderordnung’s services. Only when a booking is made by telephone, in writing, or by e-mail does client make a binding commitment to enter into a contract.
2. The acceptance of the quote from Kleiderordnung takes place by means of a confirmation letter. This confirmation letter shall list all service components, as well as the pricing details.
§ 4 Right of cancellation
Client has the right to cancel this contract within fourteen (14) days from the finalising of the contract, without having to give any reason. To exercise cancellation rights, client must inform Kleiderordnung (Kleiderordnung Berlin, Martina Steinke, Donaustr. 83, 12043 Berlin; email@example.com) of client’s decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, or an e-mail). Client can use the sample form below, which is not mandatory, or submit another type of clear declaration of their intent to cancel. If client makes use of this option, Kleiderordnung will promptly send client a confirmation of receipt of the cancellation request. In order to comply with the withdrawal period, sending the notification of client’s cancellation rights before the expiry of the cancellation period will be deemed sufficient.
Consequences of withdrawal
If client withdraws from this contract, Kleiderordnung must repay to the client all payments that it has received from client, within fourteen (14) days of the day when the notification of client’s cancellation request from this contract was received. For this repayment, Kleiderordnung will use the same means of payment that client used for the original transaction, unless expressly agreed otherwise with client; in no case will client be charged for this repayment.
The right of cancellation is excluded if client has expressly requested that the service should begin before the expiry of the withdrawal period.
Sample cancellation form
|I/We (*) hereby revoke the contract finalised by me/us (*) for the provision of the following services (*):|
|Ordered / confirmed on (*)|
|(street, building number)|
|(postal code, town)|
|Your signature (only for paper-based communication) (*)|
|(*) Only if applicable|
§ 5 Terms of payment
1. Payment for the booked service shall be made either as an advance payment by bank transfer within 14 days of receipt of the invoice, or by cash payment at the time of the appointment. Payment by credit card or EC card is not accepted.
2. The withholding of payments or offsetting against any counterclaims of the client is prohibited, unless these are undisputed or have been legally established.
3. In the event of late payment by client, Kleiderordnung is entitled to demand interest on arrears at a rate of five (5) percentage points above the base interest rate.
§ 6 Vouchers
1. Kleiderordnung offers gift vouchers for the services provided. Gift vouchers are to be transferred or paid in equivalent cash value within 14 days after invoicing.
2. Cash redemption of a gift voucher is not possible. Gift vouchers must be redeemed within three (3) years of issue. Refunds from gift vouchers are excluded.
3. In the event of the business closing down, the gift voucher is no longer valid.
§ 7 Cancellation of appointments
1. Dates and deadlines are only binding if they have been agreed to on a binding basis, or are specified in the respective quote.
2. If a cancellation or postponement of the appointment is necessary on the part of client, this cancellation must be communicated in good time, but at least 7 calendar days before the appointment. Otherwise, Kleiderordnung is entitled to charge client for the resulting loss of earnings, at 25% of the cost of the agreed service.
3. If client does not turn up for an agreed appointment without cancelling or is not to be found at an agreed appointment, the service is deemed to have been provided and Kleiderordnung may charge for it in full. This also applies to any travel costs incurred.
4. In the event of a cancellation due to force majeure, or extraordinary and unforeseeable events such as illness, accident, or strike, the cancellation must be made immediately in writing or by telephone. It is possible to arrange an alternative appointment time.
§ 8 Liability
1. The respective consultation is carefully prepared and carried out according to the current state of knowledge. No liability is assumed for the experience, knowledge, and results of the consultation or event or its effects.
2. The contents of the website and the printed informational material are created with the greatest possible care. However, Kleiderordnung does not guarantee the accuracy, completeness, or up-to-dateness of the content provided.
§ 9 Copyright
1. Insofar as Kleiderordnung’s consultancy services are copyrightable, Kleiderordnung is the author.
2. Consultancy documents and parts thereof may not be reproduced, reprinted, translated, or passed on to third parties without the express permission of Kleiderordnung.
§ 10 Final provisions
1. The laws of the Federal Republic of Germany shall apply.
2. The place of jurisdiction for both parties is, as far as permissible, Berlin.