General Terms and Conditions of Hotvolée – Atelier & Boutique:
HOTVOLÉE – Atelier & Boutique
Kerstin Bröckl, Graduate Designer (University of Applied Sciences)
Rochusstraße 32
55116 Mainz
1. Scope of Application
1.1. The following Terms and Conditions shall apply to all business relations between Hotvolée and the contract partner (hereinafter referred to as the Customer, Buyer, or Client). The relevant version of the Terms and Conditions shall be that which is valid at the time of the conclusion of the contract. Contrary conditions, or conditions that differ from the terms of sale will be accepted only if Hotvolée has given its consent in writing. Verbal ancillary agreements shall also be in writing.
1.2. By placing an order or buying goods, the Client or Buyer accepts the Terms and onditions.
2. Offer and Conclusion of Contract
2.1. Any offers shall be subject to change and not binding. Due to individual production by hand, minor deviations in the form, color, size, material or technical changes compared to the pictures and descriptions can occur. In particular when material colors are depicted it is not uncommon for these to differ from the sample color.
Furthermore, there is no guarantee (from the material supplier) that those colors offered will be available. Availability will be checked prior to the order being confirmed.
2.2. Should there be high demand for an article or unique pieces, these shall be sold in the order of incoming orders.
2.3. The order confirmation signed by the Client shall be a binding contract. If orders are placed by phone, the oral confirmation shall be binding. If they are placed by e-mail, the sending the latter shall make them binding. The Client will receive a written order confirmation from Hotvolée in the case of custom-made articles and an invoice in the case of stock items.
2.4. In the case of custom-made articles, the working process will begin following receipt of the written confirmation only.
2.5. Minors are not entitled to place an order or sign the order confirmation of goods.
3. Delivery Period
3.1. The delivery date shall be determined and agreed in writing and in consultation with the Client. All questions regarding the production from scratch (design, model, material used and accessories etc.) will need to be clarified beforehand. The delivery period commences with the placement of the order confirmation – upon receipt of the advance payment, the agreed deposit or invoicing through Hotvolée.
3.2. Hotvolée aims to keep to the agreed deadlines and delivery times. Should deliveries be delayed due to force majeure or unforeseen events (shortage of raw materials, missing deliveries etc.), Hotvolée shall be entitled to postpone the delivery. Should later delivery not be possible within the following four weeks, the Buyer and Hotvolée shall be able to cancel the contract unilaterally. All payments made in advance will be refunded. The delivery date shall be deemed to have been met once Hotvolée has informed the buyer that the production process has been completed, or that the goods are ready for dispatch.
3.3. Goods that are in stock (they are labeled as such) will be dispatched after the purchase amount has been credited to the account of Hotvolée.
4. Prices and Conditions of Payment
4.1. The prices indicated by Hotvolée plus the costs for packaging and shipment are valid for goods that are in stock and offered at a fixed price. The purchase price due for orders by phone or e-mail is payable in full and in advance, within 10 days after receipt of the order. A payment shall be deemed to have been effected only when Hotvolée has the money at its disposal.
4.2. For customized or special productions, which are carried out according to a client’s request, prices shall in each case be agreed individually. Upon placing the order, a deposit of at least 30% of the determined purchase price shall be payable in advance by bank transfer, in cash or by EC card. Hotvolée will determine the exact amount of the deposit before the conclusion of the contract. Hotvolée shall not be obliged to start executing the order before the receipt of deposit. Should the Client pick up the goods in person, the agreed purchase price shall be paid in cash or by EC card when the goods are handed over. Payment by credit card is generally not possible in the case of customized or special products. Should the goods be delivered to the Client, they will not be dispatched before the residual amount due and, thus, the complete purchase price has been credited to the account of Hotvolée.
4.3. All prices indicated are inclusive of the statutory value added tax.
5. Postage and Shipment
5.1. Hotvolée delivers worldwide. Shipping costs outside Germany are available on request.
5.2. Within Germany, the goods will be delivered as an insured parcel via DHL at a cost of € 6.90. The Buyer will bear the full cost.
6. Right of Revocation
6.1. The Client may revoke the declaration to conclude a sales contract that resulted from exclusive use of means of telecommunication within a period of two weeks and in textual form (e.g., by letter, e-mail, facsimile) without stating a reason or by returning the goods. The term commences at the earliest upon receipt of the goods and revocation instructions. The timely dispatch of the revocation or goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
Hotvolée – Atelier & Boutique, Rochusstrasse 32, 55116 Mainz, Germany
6.2. Customized and special products that are made on the basis of specific requests by clients and thus tailored to individual needs shall be excluded from the right of revocation.
6.3. In the event of effective revocation, the services received by either party shall be returned. The goods must be returned in their new and unused condition, including all tags etc. In the case of goods that are dirty and/or show signs of usage going beyond the signs normally resulting from a fitting, as well as in the case of goods that are returned in a condition which makes further sale impossible (e.g., cuts, holes, permanent stains) Hotvolée shall reserve the right to not provide full compensation.
6.4. The Buyer shall bear the delivery costs of return deliveries. The Buyer shall be obliged to return the goods within one week after executing the right of revocation, insofar as the revocation has not already been executed by returning the goods.
7. Warranty and Re-work
7.1. The warranty period shall be two years commencing with the transfer of risk. Upon receipt, the customer should examine the goods without delay in regard to defects and quality.
7.2. In the case of justified complaints, the customer shall be, at his or her own choice, entitled to remedy or replacement. Hotvolée shall be entitled to refuse the chosen type of fulfillment if said fulfillment is only achievable with unreasonable costs and the other type of fulfillment does not bring considerable disadvantages to the customer. If re-working or replacement delivery fails, the Buyer shall be entitled to withdraw from the contract or demand a reduction of the purchase price.
7.3. In the case of unique pieces and customized products Hotvolée shall be entitled to choose the type of fulfillment. Otherwise, 7.2 shall apply.
7.4. Hotvolée shall not be liable for faults caused by the Client. This shall apply in particular to damages or defects which commonly result from normal signs of wear, improper handling and use, wear and tear, incorrect washing, ironing, drying, dry-cleaning and the like. Such damages/defects are generally not considered faults. The warranty shall also expire should the customer alter the goods.
7.5. On request, Hotvolée shall re-work clothes that do not fit due to variable measures that are subject to changes in weight. However, in this case the customer will bear the cost of the extra workload as well as that of the additional shipment.
8. Disclaimer
8.1. Hotvolée is liable only for the contents of its own website. Hotvolée is not responsible for the contents of other websites that can be accessed through links on its own website.
9. Reservation of Property Rights
9.1. Hotvolée shall hold all rights of property until due payment is received in full.
10. Copyrights
10.1. Hotvolée shall reserve the sole ownership and copyrights for all its designs, sketches, patterns, photos and models. This shall apply to material used on the websites as well as for designs that are handed over to the customer to enable him or her to plan an order. Customers may not copy designs or hand them on to a third party without written authorization by Hotvolée. Furthermore, should no contract be concluded or following completion of the commissioned work, all documents and patterns Hotvolée has given to the buyer shall, on request, be returned to Hotvolée.
10.2 The sole ownership and copyrights of designs by other designers or persons which Hotvolée may use remain with the originators.
11. Data Protection
11.1. By transmitting data by e-mail or phone, the Customer shall agree to the electronic storage of these data for internal use. The Customer can disagree with this storage at any time, in which case all the data will be deleted. The personal data acquired in the context of business-related activities shall be treated as confidential and not be disclosed to any third party. Hotvolée will use its products for its own advertising. Should a buyer have a legitimate interest in keeping the goods produced for him or her confidential, a written agreement shall be reached in time.
12. Place of Execution12.1. The place of execution for all orders and payments is Mainz. The place of jurisdiction is Mainz.Last updated: January 1, 2010