Terms and Conditions

1 SCOPE AND PROVIDER

1.1 These General Terms and Conditions apply to all your purchase orders placed at the online shop of 

Clandestino, www.clandestino.shop 

1.2 The contract is concluded with

Mehmet Taskin 

Dorfstr 14, 15566 Schöneiche bei Berlin, Germany

Phone: +491789692525

shop@clandestino.shop

1.3 The goods offered in our online shop are only available for purchase by persons who are 18 years or older. If you are younger than 18 years an approval of the legal representative is required.

1.4 We provide our deliveries, services and offers and enter into any contract exclusively on the basis of these General Terms and Conditions. General Terms and Conditions apply also to all future contracts even if they are not explicitly agreed again. We already now object to the application of a customer’s general terms and conditions which contradict our General Terms and Conditions.

1.5 The sole contract language shall be English.

1.6 You can view and print out this current page that shows effective General Terms and Conditions here. Conclusion of the contract will be documented and stored at our location. Upon conclusion of the contract, the text of the contract will not be filed at our location and will therefore not be accessible by you.

2 CONCLUSION OF CONTRACT

2.1 Presentation of goods in our online shop shall not represent a binding offer by us to conclude a purchase contract. Rather, this shall be a non-committal request to order goods from the online shop.

2.2 By clicking the “Buy Now” button you make a binding offer of purchase.

2.3 Upon receipt of the offer of purchase, you will receive an automatically generated e-mail in which we acknowledge receipt of your order (confirmation of receipt). The confirmation of receipt does not mean acceptance of your offer of purchase. A contract is not concluded by sending the confirmation of receipt.

2.4 A purchase contract for the goods shall be concluded only when we expressly declare acceptance of the offer of purchase or – if you are not a consumer – when we ship the goods to you without an express prior declaration of acceptance.

3 PRICES

The prices quoted on the good pages include value-added tax and other price components and the respective shipping costs.

4 TERMS OF PAYMENT

4.1 Payment can be made optionally by: Invoice, Credit card or PayPal.

4.2. When paying by credit, the amount of the purchase price will be reserved on your credit card at the time of ordering. We will charge your credit card account when dispatching your order.

4.3. The following payment methods are basically available in our online shop.

— Wire transfer: If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

— Direct bank transfer: Available in Germany and Austria. Your account will be debited directly after placement of your order.

— Credit Card: You provide your credit card details during the ordering process. Your card will be charged immediately after placing your order.

— PayPal: In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction.The payment transaction will be processed by PayPal after placing the order. You will receive further instructions during the ordering process. PayPal may offer registered PayPal customers further payment modalities in the customer account selected according to its own criteria. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information on this in your PayPal account.

5 DELIVERY, RETENTION OF TITLE

5.1 Unless otherwise agreed, the goods shall be delivered from our warehouse to the address you have specified.

5.2 The goods shall remain our property the purchase price has been paid in full.

5.3 The delivery time depends on the shipping service provider. For delivery with DHL, the average is 2-3 days.

5.4 Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.

6 RIGHT OF WITHDRAWAL

6.1 Consumers have a thirty days right to cancel. You have the right to cancel this contract within thirty (30) days without giving any reason. The cancellation period will expire after thirty days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

6.2 To exercise the right to cancel, you must inform us (Clandestino, Mehmet Taskin Dorfstr 14, 15566 Schöneiche bei Berlin, Germany, shop@clandestino.shop, Phone: 49 (0) 178 969 2525 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or an e-mail). You may use the model cancellation form below, but it is not obligatory.

 

6.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired. Effects of cancellation  If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

6.4 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

6.5 You shall send back the goods or hand them over to us or Clandestino, Mehmet Taskin (Dorfstr 14, 15566 Schöneiche bei Berlin, Germany) without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of fourteen (14) days has expired.

6.6 You will have to bear the direct cost of returning the goods.

6.7 This return guarantee does not apply to any delivery of goods which are made to your own specifications, which are clearly tailored to your personal needs or which are clearly personalised (e.g. customised production), to any delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seals have been removed after delivery.

6.8 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model cancellation form (If you want to cancel the contract, please fill out the form below and send it back to us.)

— To Clandestino, Mehmet Taskin Dorfstr 14, 15566 Schöneiche bei Berlin, Germany, shop@clandestino.shop

— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)

— Ordered on (*) / received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this for is notified on paper)

— Date

(*) Delete as appropriate

7 DAMAGE DURING DELIVERY

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

8 WARRANTY AND GUARANTEES

8.1 We are under a legal duty to supply products that are in conformity with this contract. The statutory guarantee provisions (liability for defects) shall apply. With respect to consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence shall apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. 

8.2 Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification. When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address provided for this purpose. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.

8.3 Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop. You can reach our customer service for questions, complaints and claims on weekdays from 8:00 a.m. to 4:30 p.m. by phone at +49 178 969 2525 or by e-mail at shop@clandestino.shop

9 LIABILITY

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

— for injury to life, limb or health 

— for deliberate or grossly negligent breach of duty 

— for guarantee commitments, where agreed 

— towards consumer. 

Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.

10 FINAL PROVISIONS

10.1 Should any of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

10.2 These terms and conditions shall be subject to the law of the Dealer`s home state, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of jurisdiction does not apply or does apply only to limited extent, if the user is a natural person and concludes this contract for a purpose which can be regarded as being outside his trade or profession (consumer) and where such commitment of the user has the effect of depriving the user of consumer protection legislation of his country of residence, which is mandatory according to the law of his country of residence. In this case, aforementioned choice of law is supplemented by the respective consumer protection legislation of the user’s country of residence or according to the law of the state in which the user has his domicile or habitual residence, a choice of jurisdiction is not allowed. In this case the law of the state where the user has his domicile or habitual residence determines which law applies.