General Terms and Conditions
For all your orders in the context of this online offer, DeinDesign GmbH ("DeinDesign™"), Planiger Straße 34 / Geb. 53A, Gewerbezentrum Dr. Jacob, 55543 Bad Kreuznach, is your contracting partner.
§1 General Information
1) All services from DeinDesign™ to the customer are carried out based on the general terms and conditions given below. The version valid at the time the contract is concluded shall be applicable.
(2) These underlie all offers and agreements between DeinDesign™ and the customer and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if DeinDesign™ has agreed to them in writing.
(3) All business relations between DeinDesign™ and the customer are subject to the law of the Federal Republic of Germany excluding UN-law. The place of jurisdiction is Bad Kreuznach, insofar as the customer is a merchant, legal entity under public law or special fund under public law .
§2 Offer, Order Confirmation and Conclusion of Contracts
(1) The offers contained on this website, in our shops as well as our partner shops represent a non-binding invitation for the customer to place an order with DeinDesign™. By filling out and sending an order form on the internet, the customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials. DeinDesign™ sends an order confirmation via e-mail to the customer. This order confirmation also confirms the contract.
(2) Besides DeinDesign™ standard designs, DeinDesign™ also offers the possibility to customize DesignSkins® using own images and photos.
(3) DeinDesign™ reserves the right to reject any received orders for any reason with notice to the customer.
§3 Property Rights
(1) All standard designs offered at DesignSkins.com are property of the cooperating artists and companies and exclusively licensed to DeinDesign™. All associated rights, in particular intellectual property rights, remain the property of their owners.
(2) Any Commercial use, in particular the copying and the publication for advertising purposes, whether altered or unaltered, is prohibited. Violations in any form will be prosecuted according to the copyright law and may result in legal proceedings.
(3) Texts and graphical content (excluding DesignSkins® motives) are property of DeinDesign™ and copyright-protected. In case that you are interested in a commercial use of texts, text parts or pictures you must have a written declaration of consent from DeinDesign™. Inquiries can be placed any time by phone or mail.
(4) DeinDesign™ und DesignSkins® are registered trademarks of DeinDesign GmbH. All other brands mentioned on DesignSkins.com are legally protected for the benefit of the respective owners. DeinDesign™ has no significant business relationship to any hardware manufacturer whose devices are displayed on this website.
§4 Content of customized image files, infringement of a right of third persons
(1) The customer is solely responsible for the contents of the transmitted images and texts.
(2) If the customer uploads their own design or influences the product in any other way (text personalization), the customer assures DeinDesign™ that text and design are free from any third-party rights. The costs for possible infringements of copyright, personal rights or naming rights are to be borne completely by the customer, in this case. The customer also assures that by individualization of the product he does not infringe upon any other third-party rights.
(3) The customer releases DeinDesign™ from all demands and claims which are made due to the infringement of such third-party rights, as far as the customer is responsible for the breach of duty. The customer shall promptly reimburse DeinDesign™ for all defense costs and other damages resulting from any such action.
§5 Shipping Costs and Delivery
(1) Shipping Costs:
The shipping costs are subdivided in 2 differen product categories:
1. MP3 player / cell phones / game pads (small): 2,95 Euro
2. Notebooks / game pads (big) / specials / living room: 4,95 Euro
-Cash on delivery parcel-
Standard shipping costs plus 6,00 Euro C.O.D. charge.
Cash on delivery is only available within Germany.
Rest of the world:
Both product categories: 8,95 Euro
For multiple orders at the same time shipping costs will be calculated only once. Only the price of the highest chosen product category will be calculated once.
(2) Delivery is made according to the website prices valid at the time of placing the order, including the valid rate of value added tax (VAT) in Germany.
(3) Unless agreed to otherwise, the goods will be shipped to the address provided during the order process. If the order cannot be delivered due to incorrect, insufficient or divergent address date, the shipping costs of the original order will be added to the re-sent shipping costs.
(4) In principle, delivery is made within 5 working days from the date when the customer receives confirmation of his or her order. Delayed delivery does not entitle the customer to any claims for compensation unless DeinDesign™ has caused the delay with intention or gross negligence.
(5) If the customer has chosen prepaid, the amount invoiced has to be transferred to the following bank account within the next 7 days:
DeinDesign GmbH / account number: 200926655 / bank code: 56062577 / bank: VRK Weinsheim / Reason for payment is the order number stated in the order confirmation or invoice.
The order will only be produced after DeinDesign™ has received the payment.
(6) Any bank fees on international orders must be paid by the client.
§6 Reservation of Proprietary Rights, Off-Set
(1) All goods remain the property of DeinDesign™ as long as they have not been entirely paid. If the customer is a merchant according to the German Commercial Code, DeinDesign™ remains the proprietor of all delivery items up to the receipt of all payment due resulting from the business relationship.
(2) The customer shall have the right of offsetting only if his counterclaims have been legally ascertained or acknowledged by DeinDesign™. The Customer shall be entitled to exercise the right of retention only to the extent that his or her counterclaim is based on the same contractual relationship.
(1) Information, drawings, figures, technical data, specifications of weight, measurements and services, which are contained in brochures, catalogues, newsletters, ads or price lists only are of an informational nature. No responsibility is accepted by DeinDesign™ for the correctness of this information. Regarding type and scope of delivery only the information shall be decisive which is contained in the order confirmation.
(2) DesignSkins® are in defective condition if they don′t fulfill the technical standards of sticker printing. No warranty cover shall be afforded for insignificant defects. As far as there is a warranty defect you are entitled to withdraw from the contract within the scope of the legal requirements.
(3) In the case of return shipments due to defects DeinDesign™ will also pay for the cost of postage.
(4) Data communication via the internet, considering the current state of the technology, cannot be guaranteed as being flawless und | or available at any time. Thus, DeinDesign™ shall not be liable for the continuous and uninterrupted availability of the online offer.
(5) The other contracting party may assert warranty claims provided that it has duly complied with its obligation to examine and complain according to § 377 HGB (German Commercial Code).
In the event of an effective cancellation, each party shall return to the respective other party the benefits received and issue any benefits involved (e.g. interest). If you are unable to return the benefit you have received in full or in part or can only return it in an impaired condition, you may have to pay us compensation for its value in this respect. This does not apply to the relinquishment of items if the impairment of the item can only be ascribed to your inspection of it - for example, as might have been possible for you in a retail outlet. For the rest, you can avoid the obligation to pay compensation for the value of an impairment that has arisen as a result of beginning to utilize the item for its intended use by not making use of the item as your property and refraining from doing anything that would have an impact on its value.
You must return items which can be sent by parcel post at our own risk. Items which cannot be sent by parcel post will be collected from you. You must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 Euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to you. Please choose the minimum-cost mode of shipment. Obligations to make payments must be fulfilled within 30 days. This right of cancellation does not exist in the case of: - the delivery of goods that DeinDesign™ has manufactured on the basis of the customer′s specifications or - which are clearly tailored to the personal needs of the customer. In particular this applies to products that are designed with the DeinDesign™ SkinDesigner at the request of the customer, since DeinDesign™ cannot use or sell such DesignSkins® any further.
End of the cancellation instructions.
§9 Damages in Transit
(1) Externally damaged shipments are to be shown immediately to the parcel service. The services are obliged to take up the claim.
(2) In the event that any damage becomes apparent during the unpacking, the unpacking has to be stopped immediately. The shipping company shall immediately be held responsible in writing, and shall be requested to examine the damage.
(3) In all cases, goods and packaging mustn′t been changed, until reaching to an agreement with the shipping company.
§10 Limitation of Liability
(1) DeinDesign™ shall endeavor to keep the website DesignSkins.com online at all times. DeinDesign™ does not assume liability for any damage or mistakes that a customer might experience due to the website possibly being offline temporarily, or in case of further technical problems. DeinDesign™ also is not liable for damage to or the loss of image files send on data storage media via post or for instance transmitted via electronic data transfer.
(2) DeinDesign™ shall be liable for breaches of duty to the extent of the law or legal representative or vicarious agents, based on intent or gross negligence. If a significant contract obligation is culpably infringed, the liability compensation is limited to the foreseeable, typically occurring damage. As for the rest, any liability shall be excluded.
(3) DeinDesign™ shall not be liable for any damages on electronic devices caused by the customer while applying or removing DesignSkins®. The customer uses DesignSkins® on his | her own responsibility.
(4) The liability of DeinDesign™ towards bodily injury or damage to health and body as well as the liability according the law relating to product liability shall remain unaffected from paragraph 1 and 2.
§12 Severability Clause
If any single clauses of these general conditions of business and/or any complementary contract become ineffective, this will be without prejudice to the effectiveness of the other clauses. In case of the ineffectiveness of a single clause, both contracting parties will make efforts to obtain a new agreement considering their mutual interests which comes closest to the economic purpose of the ineffective clause.
Version 04 | 2010