Information for customer/consumer
I. Company
NEW TENDENCY GmbH
Adalbertstraße 6a
10999 Berlin
Germany
Tel.: +49 30 246 30 500
Fax: +49 30 284 49 266
E-Mail: contact@newtendency.com
Web: www.newtendency.com
Registration and Seat: Berlin
Registration Court: Amtsgericht Charlottenburg
Registration Nº: HRB 142174 B
VAT ID. Nº: DE 276785802
Managing Partner: Manuel Goller, Christoph Goller
II. Right to Cancellation
When ordering as a consumer, you are entitled to a right of withdrawal in accordance with one of the following directives. A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to his/her commercial or independent professional activity.
Right of Cancellation
You have the right to withdraw from this contract within fourteen days, without being required to cite any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the courier, took final possession of the goods.
In order to exercise your right to cancellation, you must inform us clearly, via a written statement (e.g. a letter sent by post, fax or e-mail) (NEW TENDENCY GmbH, Adalbertstraße 5-8, 10999 Berlin, Germany, Tel.: + 49 30 246 30 500, Fax: + 49 30 284 49 266, E-Mail: contact@newtendency.com), citing your decision to withdraw from this contract. You may use the attached standard withdrawal form; it is, however, not required. To ensure that you remain within the timely cancellation period, it is sufficient for you to send notification of your right of withdrawal before the expiry of the withdrawal deadline.
Consequences of Cancellation
If you withdraw from this contract, all payments which we have received from you, including delivery charges (except for the additional costs arising from your choice of a different delivery method other than our standard delivery) must be repaid to you promptly, at the latest within fourteen days from the date on which the notification of your cancellation of this contract was received by us. For this repayment, we will use the same payment method you used in the original transaction, unless expressly agreed otherwise; in no way will you be charged for these repayment fees. We may refuse reimbursement until we have received the goods back from you, or until you have provided proof that you have returned the goods, whichever occurs earlier.
You must return or hand over the goods to us without delay, and in any case, no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is still met if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods; in the case of goods which, due to their nature, cannot be returned via normal post, the costs shall be estimated at a maximum of approximately € 500. You must only pay for any loss in value of the goods if this loss in value is due to any inappropriate handling of the goods on your part, while verifying their nature, characteristics, and/or proper functioning of the goods.
Special Instructions
Unless otherwise specified, the right of withdrawal/cancellation does not exist in the case of contracts for custom-made goods manufactured according to customer specifications, or goods which are clearly tailored to a customer’s personal requirements, or which are not suitable for return due to their nature.
Standard Cancellation Form
(If you wish to cancel the contract, please fill in this form and send it back.)
– To NEW TENDENCY GmbH, Adalbertstraße 5-8, 10999 Berlin, Germany, Fax: + 49 30 284 49 266, E-mail: contact@newtendency.com, by means of a clear written statement (e.g. a letter sent via post, fax or e-mail:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
– Ordered on (*)/ received on (*):
– Consumer(s)’ name:
– Consumer(s)’ address:
– Consumer(s)’ signature (only when notified on paper)
– Date
(*) Delete where not applicable.
III. Conclusion of the Contract
The products and services presented in the online shop do not constitute any binding offers; rather, it is an invitation to the customer to submit a binding offer to the company. By clicking the “ADD TO CART” button assigned to the item, the customer can select individual items for purchase. After clicking on the link “SHOW CART” or “Checkout” the customer can re-check the contents of the shopping cart, i.e. the items selected by him/her for the order, for input errors, or changing the quantity and, after clicking on “CONTINUE TO CHECKOUT”, to provide further information relating to the order.
Before placing the order, all details can be viewed again in the order summary or overview. Changes can either be made directly on the order page, in the input fields, or orders can be changed by clicking back to the previous page, via the function/s of the specific Internet browser used. By clicking on the button “BUY NOW” the customer declares his/her contract offer as binding.
Immediately after sending the order, the company sends a confirmation of the order receipt via automated e-mail. This e-mail represents the acceptance of the contract by the customer, thereby concluding the contract.
IV. Retrieval and Storage of the Contractual Content
The customer can save or print the data pertaining to his/her order (contractual content) after submitting his/her declaration to the online shop. To do so, the customer clicks on “Print order confirmation now!” on completion of the order. In addition, the order can be traced in the login area of the registered customer under “Orders”. In addition, the customer can save and print this information and the terms and conditions (T&C’S) by clicking on “Print” or on the printer icon. We do not additionally store the contractual text.
V. Warranty
You are entitled to a statutory right of liability for defects, in accordance with the statutory conditions, pertaining to any goods purchased by you.
VI. Contractual Language
The language format of the contract is German as well as English.
VII. Accepted Means of Payment
We offer payment via Paypal and credit card (Stripe).
VIII. Conciliation Procedure
The European Commission maintains an online platform for out-of-court settlement of disputes between consumers and companies (ODR platform). The platform can be accessed at http://ec.europa.eu/consumers/odr. We are neither willing nor obliged, to participate in dispute resolution procedures before any consumer arbitration board.
General terms and conditions
§ 1. General Provisions
(1) NEW TENDENCY GmbH, Adalbertstraße 5-8, 10999 Berlin (hereinafter “NEW TENDENCY “) offers goods for purchase to customers (consumers and entrepreneurs/companies), via the Internet.
(2) The following provisions apply to contracts between NEW TENDENCY and customers unless otherwise agreed. The version which was current at the time of the contractual conclusion shall be decisive. Any conflicting purchasing conditions of commercial customers require the express recognition of NEW TENDENCY for these to be applicable.
(3) A consumer is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to his/her commercial or independent professional activity. An entrepreneur or company is a natural or legal person or partnership, possessing a legal capacity when concluding a legal transaction, and thereby exercises its legal capacity in its commercial or independent professional activities.
§ 2. Prices, Payment and Shipping Costs
(1) The prices quoted for the various offers are, without exception, final prices – i.e. they include all pricing components including any applicable taxes.
(2) Unless otherwise agreed in individual cases, the prices shall exclude packaging, freight, postage and – if the customer is an entrepreneur/company – insurance. For this reason, additional shipping and courier costs are incurred when the items are delivered; for subscriptions, shipping costs are incurred for each delivery.
(3) The customer gives an assurance that he/she has provided the complete and correct and delivery address. Should there be any additional shipping costs, due to incorrect address details – such as additional shipping costs, incurred on top – the customer is obliged to repay these if he/she failed to cite the correct address.
§ 4. Retention of Ownership Title
(1) Until full payment has been made, the goods remain our property.
(2) If the customer is an entrepreneur or company, he/she may process and sell the goods delivered under retention of title, within the framework of his/her professional operations, or consume them to provide a delivery and service. In the event of sale or consumption in order to provide a delivery and/or service with the goods delivered under retention of title, the contracting parties agree that the customer transfers his/her claims to the company NEW TENDENCY in advance, i.e. claims which arise from the resale or the provision of the delivery and service to the final customer/s, who or which accepts such a transfer/assignment.
§ 5. Terms of Delivery and Shipping
(1) Unless otherwise agreed in individual cases, the delivery of the articles shall take place, in principle, against advance payment, by means of dispatch route/transport courier.
(2) Upon the purchase of goods, the risk of accidental loss and/or accidental deterioration of the sold goods passes to the appropriate courier, upon handing goods over to them themselves, or to a person entitled to receive such goods. For consumers, the risk of accidental loss and/or accidental deterioration of the sold goods passes to them, when the goods are handed over to the consumer. If the customer is in default of acceptance, the risk shall be carried over to the customer and be deemed as the same risk as if handover had taken place.
(3) In the event of non-compliance with delivery deadlines due to temporary obstacles which prevent the performance of the required service/s, due to force majeure (e.g. war, domestic unrest, natural disasters) or similar events (e.g. strike or lock-out), the deadlines shall be extended by a period corresponding to the obstacle/s to the performance of service/s.
§ 6. Transport Damage
(1) The following paragraphs 2 to 4 shall apply only if the customer is a merchant, and the conclusion of the sales contract on behalf of customers is a part of his/her business and commercial operations.
(2) Deliveries must be checked in the presence of the supplier. In case of outwardly recognizable transport damage, the customer is obliged to record them on the shipping documents and to have them acknowledged by the deliverer; the packaging must be kept.
(3) If the (partial) loss or damage was not outwardly apparent at the time of acceptance, the customer is asked to notify NEW TENDENCY immediately, but at the latest within 14 days after notice of the loss and/or damage.
(4) The customer will support NEW TENDENCY to the best possible extent, insofar as NEW TENDENCY asserts claims against the relevant transport company, or validifies them via a cargo insurance policy.
§ 7. Warranty
(1) The customer is entitled to the statutory warranty rights pertaining to NEW TENDENCY, for any initial material defects. The customer initially has a right to fulfillment of a supplementary or rectification of performance requirements, but the customer reserves the right to reduce his/her order, or withdraw from the contract at his/her discretion; any subsequent claims for damages remain unaffected by the above provision.
(2) Within the context of subsequent or rectification performance, consumers have the choice whether the supplementary performance should take place via repair (repair of the purchased item), or via a replacement delivery of the said item. For businesses, NEW TENDENCY, at its own discretion, decides whether the warranty for defects in the purchased item is rectified via repair or a replacement delivery. If the customer claims any supplementary performance of services/goods, he/she is obliged, at the request of NEW TENDENCY, to make the purchased item/s available for verification, to undergo a corresponding examination.
(3) In the case of a merchant or business customers, obvious defects must be reported by within a period of 10 days from receipt of the goods in writing; failing this, the assertion of the warranty claim is forfeited. The timely dispatch of the notification of defect is sufficient to meet the deadline.
§ 8. Liability
(1) NEW TENDENCY shall be liable for damages resulting from injury to life, limb or health resulting from any intentional or negligent breach of duty by NEW TENDENCY, its legal representatives or its vicarious agents. In addition, NEW TENDENCY is liable for guarantees, as well as for damages that are covered by liability in accordance with mandatory statutory regulations, such as the Product Liability Act (ProdHaftG). Apart from this, NEW TENDENCY shall be liable for any other damages caused by intentional or grossly negligent breach of duty, as well as malicious intent by NEW TENDENCY, its legal representatives or vicarious agents.
(2) NEW TENDENCY shall be liable for damages caused by ordinary negligence, and not covered by paragraph 1, sentences 1 and 2, insofar as such negligence concerns the violation of contractual obligations, the observance of which enables the execution of the contract and the fulfillment of which the buyer may, therefore, rely upon (cardinal duties); however, liability towards companies is limited to foreseeable, contractually typical, indirect standard damages, in particular, so that direct damages (e.g. lost profits) as well as consequential damages, are excluded. The amount of damages for entrepreneurs is limited to a maximum value of three times the value of the delivery.
(3) Any further liability is excluded irrespective of the legal nature of the claim.
§ 9. Final Provisions
(1) The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude the contract for professional or commercial purposes, this jurisdiction of the law shall only apply insofar as the protection granted by mandatory consumer protection provisions of the State in which the consumer has his/her habitual residence, is withdrawn. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (UN Convention on Contracts for the International Sale of Goods) do not apply.
(2) If the customer is a merchant, legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of NEW TENDENCY. The same applies if the customer does not have a general place of jurisdiction in Germany, or if the place of residence or habitual residence is not known at the time of the action. The right to appeal to another court of jurisdiction remains unaffected thereby.