(1) For the business relationship between the web shop supplier (hereinafter ‘Supplier’ or ‘BEMINO’) and the customer (hereinafter ‘Customer’), the following General Terms and Conditions apply in the version in effect at the time the order is placed:
- when using the Internet site available at www.bemino.com (hereinafter ‘the website’)
- when purchasing goods (hereinafter ‘goods’ and ‘products’) by BEMINO via the website

Any differing conditions on the part of the purchaser will not be recognised unless the Supplier has expressly agreed to them in written form.

(2) For all business relations with BEMINO, these General Terms and Conditions and the additional regulations expressed therein apply exclusively. These can be downloaded and printed out at www.bemino.com.

(3) BEMINO is entitled to change these General Terms and Conditions in accordance with Section 15.

(4) BEMINO requires that these General Terms and Conditions be read before use of the website and before the ordering of goods. Should the Customer not understand any part of these terms and conditions, he is asked to contact BEMINO (www.bemino.com/contact.htm) in order to communicate this.

(5) Please be aware that by using the website, in particular when ordering a product, the Customer is acquiescing to these General Terms and Conditions. Should the Customer not acquiesce to these General Terms and Conditions, he is forbidden from using this website and, in particular, from ordering products.

(6) The Customer is deemed consumer, unless the purpose of the goods and services ordered can be predominantly ascribed to a business or freelance professional activity. In contrast, any natural or legal entity or legally responsible joint partnership who exercises commercial or independent professional activity during the completion of the contract shall be considered a business.

(1) The order options presented in the online shop do not constitute binding sales offers on the part of BEMINO.

(2) An order placed by the Customer is a binding proposition in accordance with Section 145 of the BGB (German Civil Code).

(3) From the Supplier’s range, (in particular, unique handmade leather gloves in long and short versions and in various colours, as well as additional custom designs of buttons according to the Customer’s wishes with gloves using a size chart) the Customer can choose products and collect them in the so-called ‘basket’ by clicking on the button ‘Add to basket’. By clicking on the button ‘Buy now’, the Customer makes a binding contract for the purchase of the good(s) in the basket.
Before sending off the order, the Customer can view and alter the details at any time. However, the request can only be transferred once the Customer has accepted the contractual conditions by clicking on the button ‘Accept General Terms and Conditions’, which results in these conditions being adopted in his request.

(4) The Supplier then sends the Customer an automatically generated confirmation of receipt via email in which the Customer’s order is explicitly detailed once more, which the Customer can print using the function ‘Print’. The automatically generated confirmation of receipt merely documents that the Customer’s order has arrived at the Supplier; it does not constitute an acceptance of the request. The contract is only formed when the Supplier sends the declaration of acceptance, which is sent in a separate email (confirmation of order).
Either in this email or in a separate email or, at the very latest at the point of delivery of the goods, the text of the contract (consisting of the order, the terms and conditions and the order confirmation) will be sent to the Customer by BEMINO in a durable medium (email or printed paper). This will be stored in accordance with data protection regulations.

(5) BEMINO is not obliged to accept purchase offers from the member and is entitled to withhold acceptance at any time and without the provision of reasons. In this case, BEMINO is to inform the Customer immediately regarding the non-acceptance of the offer via email.

(6) If the price information on the website is incorrect, BEMINO is to inform the Customer of this without delay, in accordance with Section 9 Paragraph 3 via email and shall not carry out the sale. If the Customer has already paid the sale price, BEMINO shall refund the entire amount paid.

(7) The formation of the contract takes place in German. For all countries outside Germany and Austria, it takes place in English.

(8) Goods are sold only in accordance with production-related conditions and in limited quantities.

(9) A minimum order value of €30 exists for each purchase.

(1) The delivery time given by BEMINO is calculated from the point of confirmation of the order, plus a production time for the goods of up to 20 (twenty-one) working days - plus an additional time of max. 10 (ten) working days for custom production if ordered - subsequent to receipt of the order. This does not include shipment time with the shipment service (see the overview of shipment costs for different global zones). The payment of the sale price is a prerequisite (except in the case of payment on account).
In the event that no delivery time or a differing delivery time is given in the BEMINO online shop for the relevant product , this is not to exceed 30 (thirty) working days. With popular, standard products, 3 (three) to 5 (five) working days after receipt and order. For additional delivery times by shipment companies for international orders, BEMINO offers no guarantee whatsoever.

(2) If the product ordered by the Customer is out of stock at the time of his order, the Supplier is to inform the Customer of this in the order confirmation without delay. If the product is unavailable on a permanent basis, the Supplier is to refrain from a declaration of acceptance. In this case, no contract is formed.

(3) If the product stipulated in the Customer’s order is only temporarily unavailable, the Supplier is similarly to inform the Customer of this in the declaration of acceptance without delay. In the event that the delay to delivery is more than two weeks, the Customer is entitled to withdraw from the contract. Incidentally, in this case, the Supplier is also entitled to withdraw from the contract. In this case, the Supplier is to refund the entire amount of any payments that may already have been made by the Customer.

(4) The following limitations apply to delivery: the Supplier shall only deliver to customers who have a residential address (invoice address) in one of the following countries mentioned on the list and who are able to give a delivery address in the same country. In the case of force majeure, war or natural disaster in the country in which the Customer places the order, an order in and delivery to the country of said order will not be accepted by BEMINO. (see Section 9 paragraph 5)

(5) BEMINO typically carries out the shipment of goods using the companies DHL and UPS. The respective, current DHL/UPS international shipment times also apply (see overview of shipment costs for global zones).
(6) For delivery, a delivery address must be given to which the good(s) can be delivered in standard business hours. The delivery service is concluded once the good has been delivered to the stipulated address.

Until the payment has been made in full, the delivered good(s) remain property of the Supplier BEMINO.

(1) Prices stated by BEMINO include VAT but do not include shipping costs.

(2) The final price including shipping costs will be indicated with every order.

(3) Alongside standard BEMINO glove products, the Customer can also submit an additional request for the production of a customised button design to the Supplier. The surcharge for this customised production is calculated by taking the individual process into account and is shown to the Customer in a transparent manner. It is then added to the basic price of the good.

(4) The corresponding shipment costs are indicated to the Customer in the order form and are to be assumed by the Customer, unless the Customer should choose to make use of his right of revocation.

(5) Shipment of the good(s) takes place via post. The ordered good is strictly shipped as an insured parcel (for example, with DHL, UPS). If the Customer is a consumer, then the Supplier assumes responsibility for shipment.

(6) Should the Customer wish to revoke the order, then he is to assume the costs of return shipping.

(7) Shipping costs for an insured parcel:
(7.1) BEMINO ships their glove products to the following countries at the following costs including processing fee:

(7.2) Information regarding further shipping costs
For deliveries in non-EU countries, customs charges, taxes and fees may apply, depending on the country. Further information regarding customs can be found, for example, by making a TARIC enquiry from the EU and information on import turnover tax can be found using the information at ETZ. (Information and links in Section 7 Paragraph 5.)

(7.3) The Customer is to be aware that with a future payment on delivery, a general payment-on-delivery surcharge of €5 is to be paid. In addition to this, there is the sum of €2, which is to be paid directly to the deliverer.

(7.4) The Customer is also to be aware that BEMINO cannot assume the costs for returns from countries other than Germany. These are assumed in their entirety by the Customer.

(8) BEMINO makes every effort to guarantee that the prices stated reflect the correct purchase prices at the time they are put on the website. However, in the future, our website will contain a large number of products, meaning that, despite our best efforts, it may occur that the wrong pricing information is indicated for some products. If BEMINO discovers such a mistake in the pricing information of ordered goods, we will inform customers and possible future members of BEMINO of this and give them the possibility either to buy the goods at the correct price or to revoke the order. Until notice has been received from the Customer, BEMINO will not carry out any course of action. In the event that it is not possible to achieve contact with the Customer within a certain period of time, BEMINO will cancel the order.

(1)
(1) Images of products on the website are purely there for display purposes. Although we make every effort to depict the colours of products correctly, BEMINO cannot guarantee that your screen will display these colours correctly. Therefore, goods delivered may differ slightly from those displayed in the images on the website.

(2) The packaging of the good(s) may differ from that displayed in the images on the website.

Data protection and security are of primary importance to BEMINO. In order to protect our customers from credit card fraud we may carry out a check of their personal details when they place their first order. The entire order process takes place via a secure Internet connection (SSL encryption). Direct debit and PayPal Express are both accepted.

(1) The Customer can conduct the payment via PayPal Express and automated direct debit.
PayPal Express is an online payment service that allows you to make payments securely, simply and quickly. Your advantage: the order process is sped up because the payment can typically be transferred immediately to BEMINO and your order can often be sent to you on the same day, when the goods you have ordered are in stock.

(2) The Customer can change their method of payment in their user account at any time.

(3) The payment of the purchase price is due as soon as the contract is formed. If the due date of the payment is determined for a specific time, the Customer is in arrears as soon as he neglects to observe this date. In this case, the Customer is to pay the Supplier default interest of 5% over the basic interest rate.

(4) The Customer’s duty to pay default interest does not rule out the possibility of the Supplier enforcing further default damages.

(5) Delivery to non-EU countries: For deliveries in non-EU countries, customs charges, taxes and fees apply. Please be aware of the relevant shipment and delivery conditions as they stand at the time of the BEMINO online shop’s publication.

You can find further information regarding customs at, for example
http://ec.europa.eu/index_de.htm
and regarding import turnover tax at
http://auskunft.ezt-online.de
as well as specific information regarding Switzerland at
http://xtares.admin.ch

(6) Bank account:
Peter J. Greß
BEMINO
Bank: Augsburger Aktienbank / Netbank
IBAN: DE 46 2009 0500 8750 0440 67
SWIFT: AUGBDE71NET

(1) BEMINO is liable for material defects in accordance with the relevant legal parameters, in particular Sections 434 ff. BGB (German Civil Code). For businesses, the guarantee for products delivered by the Supplier is valid for 12 months.

(2) A further guarantee exists in the case of goods delivered by BEMINO only when this has been expressly indicated in the order confirmation of the relevant item.

(3) We also draw attention to the fact that all goods are subject to a test to ensure completeness and high quality before being shipped to customers. Due to the fact that the products are one-of-a-kind and hand-made individual items, slight deviations from the design, leather properties and processing may occur and are possible during the production of the goods. For this reason, within the scope of the guarantee of the ordered goods, BEMINO accepts no claims from the moment of receipt by the Customer.

(4) Product liability:
(4.1) Glove products: We congratulate you on your extraordinarily good taste in having chosen these unique gloves from BEMINO. This product is of excellent quality and is an unmistakable one-of-a-kind. It has been made for you, by hand, exclusively by expert craftsmen in Italy. Since every animal and every yarn is intrinsically non-identical, these gloves, made from real leather and pure cotton, may contain imperfections.
Since the cotton yarn is processed meticulously by hand, minor crochet errors or material errors cannot be ruled out. Minor scars, shadowing and colour variations embedded in the leather are the hallmarks of truly natural materials. These properties are not to be viewed as imperfections, but rather as the true merits of real leather and natural fibres that prove that these are genuine, natural products. All leather products and synthetic leather products suffer in damp conditions, as well as when exposed to overly hot conditions. This is even more so when the item is new. Avoid damp conditions and contact with fluids. Please observe the instructions printed on the label. For the aforementioned reasons, tanneries and handicraft producers provide no guarantee for their products. BEMINO and its producers therefore reject all liability claims for their products and direct your attention to Section 9.

(4.2) Customised button designs: following consultation with the Customer through his specifications, third parties who are expressly defined as business partners of BEMINO can carry out these designs (for example, jewellery designs using gems and precious metals). No right of return exists for these goods on the behalf of the Customer at any time, since these are individual, unique items which have been ordered by the Customer in accordance with the law and subsequent to the Customer having been informed that partaking in the online order process necessitates agreement to the terms and conditions of the website.

(1) BEMINO is entirely liable for all damage including loss of life, physical injury or damage to health caused by them, their legal representatives or by any person acting in an auxiliary capacity for BEMINO, and for all damages caused deliberately or due to gross negligence.

(2) BEMINO is entirely liable in the case of fraudulent concealment of defects and in the case of a transferral of quality guarantee.

(3) For all other damages, BEMINO is only liable if an essential contractual obligation or a pre-contractual obligation has been violated. Essential contractual obligations are those obligations that protect the essential contractual obligations of the Customer, which, according to its contents and purpose, the contract warrants him; those obligations whose fulfilment is only made possible by the proper execution of the contract, the honouring of which the Customer reasonably had faith in or may have faith in are also essential, e.g. BEMINO is to give the Customer the goods free from technical and legal defects and to bestow ownership of them on the Customer. In these cases, however, liability is limited in its amount to those contractually typical damages foreseeable at the point of formation of the contract.

(4) A legally stipulated liability independent of debt, along with the terms of the Product Liability Act remain unaffected by the liability limitations detailed here.

(5) BEMINO is not liable for delays or contractual violations if these delays or violations are caused by force majeure and are not attributable to BEMINO. Events that lie outside the realm of BEMINO’s influence include: strikes, lockouts or other industrial action, civil unrest, invasions, terrorist attacks or threats, war or preparations for war, fire, explosions, storms, flooding, earthquakes, tremors, epidemics and other natural disasters or the disabling of private or public telecommunication networks or of rail transport, maritime freight, air freight, haulage or other public or private transport.

(6) Due to the nature of the Internet and the technology associated with it, with which the BEMINO website is supported, this website can only be made accessible on a ‘depending on availability’ or ‘how things are’ basis. This means that we cannot promise that the use of the website will remain free from interruption, delay and errors, nor that it will meet your expectations. In the same way, we cannot guarantee that the information contained on the website is devoid of errors, up to date, correct, accessible and complete (although we make every effort that this will be the case).

10 Disclaimer for External Links

The BEMINO website contains links to the websites of third parties and makes it clear that it can exercise no influence on the form or content of the sites these links connect to. Therefore, BEMINO distances itself expressly from all content of linked third-party sites. BEMINO does not embrace the content of these linked sites. This statement applies to all links on the website and for all content on the websites to which these links provide connection.

(1) When concluding a remote-sale transaction, consumers have the fundamental legal right to revocation. The Supplier elucidates this right within the requirements of the legal template in the following. The exceptions to the right to revocation are stipulated in paragraph (2). A template revocation form can be found in paragraph (3).

Power of revocation

Right to revocation

The Customer is entitled to revoke the contract within fourteen days without stating a reason. The revocation time period is fourteen days from the day on which you or a third party named by you who is not a carrier has taken possession of the goods or is in possession of the goods.

In order to exercise your right to revocation, you must write to us at

BEMINO, Silvana Stenti-Gress
Max-Emanuel-Straße 29
82319 Starnberg
Germany
email: mail@bemino.com

with a clear statement (e.g. letter sent by post, telefax or email) informing us of your decision to revoke the contract. For this purpose, you may use the sample revocation form displayed here, although it is not required that you do so.

In order for the revocation deadline to be met, it is sufficient that the communication informing the Supplier of the revocation be sent off by the Customer before the end of the revocation time period.

Effects of a revocation

If the Customer revokes this contract, BEMINO is to refund all payments that we have received from you, including delivery costs (with the exception of additional costs that resulted from the Customer’s choice of a different type of delivery than the cost-efficient standard delivery offered by us - e.g. for a personalised custom finish) without delay and at the latest fourteen days after the day on which the communication of your revocation of this contract was received by BEMINO.
For this refund, we will use the same method of payment as the Customer used for the original transaction unless something else has expressly been arranged with him/her. Under no circumstances will the Customer be subjected to fees because of this refund.

The Supplier can withhold the refund until BEMINO has received the goods again or until the Customer has shown proof that he has sent off the good(s), depending on which of these is the earlier date.

The Customer is to send the good(s) back to BEMINO or return them without delay, and at the latest fourteen days after the day on which he informed us of his revocation of the contract. The deadline has been honoured when the Customer sends off the good(s) before the passing of the deadline of fourteen days.

The Customer bears the immediate costs of returning the goods.

The Customer is only to provide compensation for any loss in value of the goods if this loss of value can be traced back to interaction between him and the good(s) that was unnecessary for the examination of the nature, properties and functionality of the goods.

(2) In accordance with legal requirements, BEMINO advises as follows regarding the sample revocation form:

Sample Revocation Form
(If the Customer wishes to revoke the contract, he is asked to fill out this form and return it.)

To:
BEMINO, Silvana Stenti-Gress
Max-Emanuel-Straße 29
82319 Starnberg
Germany
Tel: + 49 (0)8151 / 971 96 47
mail@bemino.com

Protecting your privacy is of great concern to BEMINO. In order to use BEMINO it is
necessary to save and process personal data. In our Data Protection Statement, available at www.bemino.com/data.htm, you can read which data BEMINO collects from you and how they are processed.

(1) In the process of forming a contract, the Supplier collects data pertaining to the Customer. Whilst doing so, the Supplier is careful to observe the regulations of the German Federal Data Protection Act and the German Telemedia Act. Without the Customer’s agreement, BEMINO will only collect, process and use customer data relating to stock and use insofar as this is necessary for the handling of contractual matters and the usage and accounting of telemedia.

(2) Without the Customer’s agreement, BEMINO will not use the Customer’s data for purposes of advertising, market research or opinion research.

(3) At any time, the Customer is entitled to change or remove the saved data pertaining to him via the link ‘My details’ in his profile. With reference to the Customer’s agreement and further information regarding data collection, processing and use, we draw attention to the Data Protection Statement which can be accessed at any time on the BEMINO website via the link ‘Data Protection Statement’. It can also be printed out here.

(1) By posting photos, the Customer grants BEMINO the spatially and temporally unlimited right to use the photos for purposes of its online business, in particular when offering them to others to call up, save or print out, and to use them in BEMINO online media and the online media of other associated organisations. Furthermore, BEMINO may edit, distribute and make these photos accessible, as well as pass them on. Within the website, posted photos may also be displayed, emphasised and rated.

(2) By uploading the photos, the Customer states that he possesses the necessary usage rights. It is solely the responsibility of each and every customer to be in possession of the necessary rights to do this.

(3) All image material and photos on the BEMINO web shop are legally protected via contractual and usage agreements between the supplier shutterstock.de and Marcus Schafer and BEMINO through Silvana Stent-Greß and Peter Johannes Greß.

(4) It is strictly forbidden to copy images on the BEMINO online portal (website and online shop) and to use them for public or commercial purposes. Legal action will be taken against infringements.

The sole place of jurisdiction for all legal disputes concerning commercial dealings with traders and legal entities of public law including tort proceedings is Starnberg.

(1) BEMINO is entitled to make changes to the General Terms and Conditions. BEMINO shall only make these alterations with good cause, particularly in relation to changes in the law, legal requirements or other important reasons. You will be informed of such alterations.

(2) For every purchase, the General Terms and Conditions apply in the version that was correct at the time of placing the order.

(3) For every updated version of the General Terms and Conditions, BEMINO will indicate the date on which the update was made at the top of the General Terms and Conditions. If possible, and if necessary, BEMINO will inform the customers of significant changes in texts which these General Terms and Conditions make reference to. BEMINO will inform the members via the website or via email.

If one or more regulations in these General Terms and Conditions should be ineffective, this has no effect on the validity of the rest of the regulations. Legal regulations take the place of the ineffective regulations

(1) If the Customer is not in agreement with these General Terms and Conditions and if BEMINO does not react immediately to demands asserted, this does not mean that BEMINO relinquishes any rights. Instead, BEMINO reserves its right to assert its claims in the future.

(2) These regulations apply between BEMINO and their customers and possible future members. Third parties may not derive any claims from this.

(3) You hereby agree that BEMINO may transfer your rights and obligations from these General Terms and Conditions to third-party organisations without your rights and obligations being impaired.

(4) The future member or customer may only transfer his rights and obligations from these General Terms and Conditions to third parties with BEMINO’s written permission.

In the case of any legal disputes, the law of the Federal Republic of Germany excluding the UN Convention on the International Sale of Goods is applicable. In exchanges with end-consumers within the European Union, the law in the place of residence of the end-consumer is also applicable provided mandatory consumer law regulations are concerned.

(1) If you, the Customer, would like to contact BEMINO with regard to these General Terms and Conditions or with regard to any of the documents mentioned herein, please write to us at: Silvana Stenti-Greß / BEMINO , Max-Emanuel-Str.29, D-82319 Starnberg or send us an email at: www.bemino.com/contact.htm

(2) BEMINO will be pleased to hear from you and is always keen to improve its service and the products it offers. By providing feedback, you agree to the non-compensated use of your suggestions on the part of BEMINO.

(3) If BEMINO should need to contact you, this will take place using email or in written form to the address you have provided.

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