SCOPE OF APPLICATION
- For the business relationship between Quantum Courage GmbH & Co. KG, Gsteigstr. 16, 82467 Garmisch-Partenkirchen, Germany (hereinafter "Quantum Courage") and the customer (hereinafter "Customer") which is based on orders submitted via our online shop www.quantumcourage.com (hereinafter "quantumcourage.com") the following general terms and conditions shall exclusively apply in their respective version applicable at the time of the order. Deviating terms and conditions of the Customer shall not be recognised unless Quantum Courage expressly consents to their validity in writing.
- The product range is both aimed at consumers as well as to entrepreneurs, however, in each case solely to ultimate consumers (“Endabnehmer”). For the purposes of these General Terms and Conditions, (i) a consumer is any natural person who concludes the contract for a purpose that is outside his trade, business or profession (Sec. 13 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) and (ii) an "entrepreneur" is any natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession (Sec. 14 para. 1 BGB).
- The contracts with the Customer shall be concluded exclusively in German or English, depending on whether the Customer submits its order via the German or English website of quantumcourage.com. If the Customer's order is submitted via our German website, exclusively the German version of these General Terms and Conditions shall apply. If the Customer's order is submitted via our English website, exclusively the English version of these General Terms and Conditions shall apply.
CONCLUSION OF CONTRACT
- Our offers which the Customer can access via quantumcourage.com are non-binding. We reserve the right to remove and/or replace products from our product range, to change prices and other terms and to modify product specifications.
- Images displayed on the screen are only visual approaches and may in some cases be different (colour, structure, effects) due to technical factors (e.g. screen calibration). We reserve the right to technically or otherwise change individual goods to the extent such changes do not materially impair the quality of the products and are reasonable acceptable to the Customer.
- The Customer may choose from Quantum Courage's product range, in particular T-shirts, and collect them via the "Add to shopping bag" button in the so-called shopping bag. Via the "Submit binding order" button the Customer submits a binding offer to purchase the goods collected in the shopping bag. Before submitting the order, the Customer may change and view the data at any time. The offer may, however, only be submitted and sent if the Customer accepts these General Terms and Conditions by clicking on the "Accept General Terms and Conditions" button, which are then incorporated to the Customer’s offer.
- The Customer subsequently receives an automatic confirmation of receipt by email, which summarizes again the Customer's order and which may be printed out by the Customer via the "Print" button. The automatic confirmation of receipt only documents that the Customer's order has been received by Quantum Courage, but does not constitute an acceptance of the offer. The contract is only concluded when Quantum Courage has declared acceptance of the offer via a separate email (order confirmation) or when the products are dispatched.
- Shipment to orderers based outside the European Union is only possible upon request.
SHIPMENT, AVAILABILITY OF GOODS
- If a product the Customer has chosen is not available at the time of his order, Quantum Courage shall immediately notify the Customer of such circumstance in the order confirmation. If the product is permanently unavailable, Quantum Courage shall not declare acceptance. In such case, a contract is not concluded.
- If a product the Customer has ordered is only temporarily unavailable, Quantum Courage shall also immediately notify the Customer of such circumstance in the order confirmation. In the event of a delay in delivery of more than two weeks the Customer has the right to withdraw from the contract. Furthermore, in such event Quantum Courage is also entitled to dissolve the contract. Payments already effected by the Customer shall immediately be refunded.
- Quantum Courage shall deliver the goods to the Customer at the latest by the delivery date (date on which we hand over the goods to the shipping company) as indicated on the respective order page when the Customer places the order; any such date is only approximate and may therefore be exceeded by up to two working days.
RETENTION OF TITLE
The delivered goods remain Quantum Courage's property until these are paid in full.
PRICES AND SHIPPING COSTS
- All prices indicated at quantumcourage.com are to be understood inclusive the respectively valid statutory VAT.
- Unless expressly stated otherwise, all prices are net of shipping costs (e.g. freight, postage), packaging and insurance. For the shipment of goods both within Germany and abroad additional delivery and shipping costs may be charged. The shipping costs, the amount of which is based on the details made in the specific offer, shall be borne by the Customer from Quantum Courage's place of business. Unless expressly agreed otherwise with the Customer, the form and way of shipping shall be effected at Quantum Courage's option.
- The entrepreneurs risk of accidental loss or accidental deterioration of the sold item passes over upon respective handover to him or a person authorised to receive the shipment; in the event of sale by delivery upon the delivery of the goods to a suitable transport person.
- For consumers the risk of accidental loss and accidental deterioration of the sold item shall pass to the consumer when the goods are handed over.
- In case of revocation, the Customer shall bear the regular costs for the return of the shipment if the delivered goods are in conformity with those ordered and if the price of the item to be returned does not exceed an amount of EUR 40.00 or if the Customer in case of a higher price of the item has not yet effected payment at the time of the revocation or a contractually agreed partial payment. Furthermore, Quantum Courage shall bear the costs for returning the shipment.
TERMS OF PAYMENT
- Payment shall be effected via PayPal.
The Customer shall pay the invoice amount via the online provider PayPal. The Customer must be registered there and/or register beforehand. As soon as the access details have been authorised the Customer may confirm the transfer to us. Further information will be provided to the Customer as part of the ordering process.
- The payment of the purchase price shall be immediately due with the conclusion of contract. If a payment date has been agreed upon, the Customer shall already be in default when he fails to meet the deadline. In this event the Customer shall pay to Quantum Courage default interest in the amount of 5 percentage points over the basic interest rate.
- The obligation of the Customer to pay default interest shall not exclude Quantum Courage's right to claim further damages caused by default.
- The Customer may only offset counterclaims that are undisputed, or have been established in a legally final and binding way or have been acknowledged by us. The Customer's right of retention shall only apply for counterclaims resulting from the same contractual relationship.
- Quantum Courage is liable for material defects pursuant to the relevant statutory provisions, in particular, Secs. 434 et seqq. BGB. The warranty period for claims of entrepreneurs arising out of or in connection with the products delivered by Quantum Courage amounts to 12 months.
- Quantum Courage does not provide any additional guarantee unless this has been expressly agreed upon in the order confirmation of the respective item.
- Claims of the Customer for damages shall be excluded. This shall not apply to claims of the Customer for damages resulting from injury to life, body or health or resulting from an infringement of material contractual obligations as well as claims for other damages resulting from the violation of an obligation caused by intent or gross negligence of Quantum Courage, its legal representatives or vicarious agents. Material contractual obligations are such obligations whose performance is necessary to achieve the objective of the contract.
- In case a material contractual obligation is violated, Quantum Courage shall be liable only for any foreseeable damage that might typically occur under the contract if it was caused by simple negligence, unless the Customer claims damages arising out of injury to life, body or health.
- The restrictions of subsections 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of Quantum Courage if claims are asserted directly against them.
- The provisions of the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) shall remain unaffected.
Right of revocation
You may revoke your declaration to conclude a contract in written form (e.g. letter, fax, email) within 14 days without stating a reason for such revocation or - if you receive the item prior to the expiry of this period - by returning the item. The period begins upon receipt of this instruction in written form, however not before receipt of the goods by the receiver (in case of recurring delivery of the same type of goods, not before receiving the first partial delivery) and not before we have fulfilled our information duties pursuant to Article 246 Sec. 2 in conjunction with Sec. 1 para. 1 and 2 of the Introductory Act of the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuch, EGBGB) as well as our duties pursuant to Sec. 312g para.1 sent.1 German Civil Code (Bürgerliches Gesetzbuch, BGB) in conjunction with Article 246 Sec. 3 EGBGB. The revocation period is observed by sending the statement of revocation or dispatching the item in due time. The statement of revocation shall be directed to the following address:
Quantum Courage GmbH & Co. KG,
CONSEQUENCES OF REVOCATION
In the event of an effective revocation, the services received by either party shall be returned and any derived benefits (e.g. interest) shall be refunded. Should you be unable to totally or partially return or hand out the services received or emoluments (e.g. advantages of use), or only in a deteriorated condition, you are obliged, as the case may be, to compensate us for its value. For the deterioration of the goods and the emoluments taken compensation for lost value is only owed if the emoluments and the deterioration result from a handling of the goods that exceeds an examination of the features and the functions of the good. Examination of the features and the functions of the good means the testing and putting the good to its intended use as for instance it is possible and common in a retail store. Items that can be shipped by parcel are to be returned on our risk. You are obliged to bear the regular costs of the return shipment, if the product delivered corresponds to the product ordered, and if the price of the product to be sent back does not exceed an amount of 40 EUR or if, where the price is higher, you have at the date of the cancellation not yet rendered consideration or paid a contractually agreed instalment. Otherwise, the return shipment will be free for you. Items that cannot be shipped by parcel will be collected. Obligations to refund payments have to be fulfilled within 30 days. The time-limit for your payment will start upon submission of your notice of cancellation or the return of the goods, and on our part, upon reception.
End of the revocation instruction
- Without the Customer's consent, Quantum Courage shall not use the Customer's data for purposes of advertising, market or opinion research.
- Any contracts entered into between Quantum Courage and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG).
- If the Costumer operates a commercial business ("Kaufmann" within the meaning of Sec. 1 (1) of the German Commercial Code (Handelsgesetzbuch, HGB)) or if the Customer is a legal entity under public law or a special fund organised under public law, the courts at the registered office of Quantum Courage shall have jurisdiction in respect of all disputes arising out of or in connection with a contractual relationship between the Customer and Quantum Courage.
- If individual provisions of these General Terms and Conditions prove to be invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a statutory provision, to the extent such exists. However, if this constitutes an unreasonable hardship for one contractual party, the contract as a whole shall become invalid.
Last updated: January 2013