1. General
These terms and conditions apply to all our offers and the contracts for sale
concluded with us. Variations on these terms are only allowed after approval in
writing by Cyberesque, at which time the remaining stipulations remain in force.
2. Offers / contracts for sale
A contract for sale is set up by placing an order on the Cyberesque website.
Confirmation of the order takes place within 3 days after ordering in the form
of an e-mail. If you notice a wrongly ordered article you should contact us
immediately so that we can correct the mistake. Otherwise mistakes are for the
financial risk of the buyer.
All offers from Cyberesque are without engagement and Cyberesque explicitly
reserves the right to modify prices, especially when this is necessitated by
(legal) directions.
A contract for sale is only concluded when Cyberesque accepts your order. Cyberesque
reserves the right to reject orders or to request certain conditions for delivery,
unless explicitly stated otherwise. In case an order is not accepted, Cyberesque
will inform you of this within 10 workdays after receiving said order.
3. Prices
The prices listed by us are inclusive of 19% VAT and in Euro, exclusive shippingcosts.
Cyberesque reserves the right to modify prices without notice.
4. Payment
Payment in Advance:
Payment should take place within 14 days of the order date. If we haven-t received
payment within 14 days we will consider your order void.
Payment takes place by transferring the amount due to our bank-account in Germany,
or paypal.
Bankaddress:
Germany:
Postbank
account number: 987243853
Bankleitzahl: 76010085
IBAN: DE32760100850987243853
SWIFT/BIC: PBNKDEFF
All Payments made out to:
Noraly van Deursen
Woennichstrasse 28
10317 Berlin
Germany
Claims do exempt you from the obligation to pay.
5. Delivery
Germany:
Orders are usually shipped within 2 to 3 weeks for the clothing, 3 to 4 weeks
for all other items after receiving payment. Delivery generally takes place
within 3 days after shipment.
Europe:
Orders are usually shipped within 2 to 3 weeks for the clothing, 3 to 4 weeks
for all other items after receiving payment. Delivery generally takes place
within 8 days after shipment.
Rest of the world:
Orders are usually shipped within 2 to 3 weeks for the clothing, 3 to 4 weeks
for all other items after receiving payment. Delivery generally takes place
within 15 days after shipment. Any time for delivery stated by Cyberesque shall
be treated as an estimate only. Failure to deliver within the stated times does
not entitle you to compensation.
In case an article is not in stock we will contact you.In the exceptional case
that an article is not available anymore, Cyberesque reserves the right to,
at any time, offer the customer either free shipment of a comparable product
in quality and price or to credit the buyer for the amount paid. In the case
of non-timely delivery you are expected to contact us. If a delivery time of
more than 40 days is exceeded both Cyberesque and the buyer have the possibility
to dissolve the agreement in writing, after which both parties are exempt from
their obligations towards eachother and any already fulfilled payments will
be restituted.
To prevent longer waiting times Cyberesque is entitled to making deliveries
in multiple shipments. Extra costs with regards to this are paid for by Cyberesque.
6. Returns
Articles made to measure can not be exchanged or refunded.
Articles not made to measure can be exchanged or refunded within 8 days following
receipt. Please return the article(s) together with your invoice post-paid.
On the invoice please state:
- Date of receipt
- Reason for returning the article
- If you would prefer another article or your money back. The neccessary account-information
for restitution of the amount paid (which will take place within 2 weeks) In
the following instances returned articles will not be accepted:
*) Clothing has been worn, washed and/or damaged
*) You have tried to repair a defect yourself
*) Article is not complete
7. Damaged or faulty articles
If you find an article is damaged or faulty (or if we accidentally sent you
something wrong) then please contact us within 8 days after taking delivery.
Always check the articles on receipt. Due to the fact that most of the products
we sell are complety handcrafted, small alterations in model and/or colour may
exist.
Please return the article together with your invoice post-paid (these costs
will be compensated by Cyberesque. Please note: only if there is something wrong
with the article without your fault).
On the invoice please state:
- Date of receipt
- Reason for returning the article
- If you would prefer a replacement or your money back
- The neccessary account-information for restitution of the amount paid (which
in will take place within 2 weeks) If you fail to comply with the above stated
stipulation we will assume to have delivered in accordance with our obligations.
You can reach our customer-service by the contact form on this website.
8. Shipment / shipping costs
Shipment takes place at the risk of the seller. Method of shipment and packaging
is for us to decide. Juridical time of delivery is the moment the goods leave
our company.
Germany:
Shipping costs amount to € 3, € 7 or € 9 (dependent on weight
and size of the article(s) in question).
Europe:
Shipping costs amount to € 4,00, € 8,00 or € 16,00 (dependent
on weight and size of the article(s) in question).
Rest of the world:
Shipping costs amount to € 5,50, € 13,50 or € 18,00 (dependent
on weight and size of the article(s) in question).
Upon checking out the shipping costs are clearly stated. Cyberesque is entitled
to making deliveries in multiple shipments. Extra costs with regards to this
are paid for by Cyberesque.
When the articles are delivered to the buyer at the nominated address for delivery,
the risk with regards to the articles are passed on to the buyer.
9. Privacy policy
We will never disclose any customer information from our records to third parties
without your explicit consent.
In our secure database we keep the following personal information:
- Name and address
- E-mail address
- Order data
This data will only be used for the purpose of processing orders from you and
for correspondence with regards to placed orders and payments of said orders.
You will only receive advertising from Cyberesque (our newsletter) if you have
explicitly subscribed for that on the website. If you would prefer to be removed
completely from our records then please contact us.
10. Force Majeure
In the event that the Company is prevented from carrying out its obligations
under a contract for sale as a result of any cause beyond its control, Cyberesque
shall be relieved of its obligations and liabilities under such contract for
sale for as long as such fulfilment is prevented. Cyberesque also reserves the
right to cancel said contract for sale without legal intervention, by informing
you of this in writing. In this instance we shall not be held for compensation
unless this would be deemed unacceptable given the circumstances. The remaining
stipulations in these terms shall not be diminished in any way by this.
11. Liability
Cyberesque shall under no circumstances whatsoever be liable for any direct
or indirect damage, unless we explicitly accept liability in these terms. In
the event of damage caused by wilful misconduct, gross negligence/faults by
Cyberesque the company shall be liable. The customer accepts that Cyberesque
shall not be held to any claims by third parties. The liability of Cyberesque
shall at any time be limited to the invoiced value to which the claim relates
or the maxumum value that Cyberesque might have charged the customer. Limitation
of the liability as stated in this article also refers to employees and other
persons used by Cyberesque to carry out the contract for sale.
12. General
If Cyberesque has allowed deviations of these terms during a certain amount
of time, be it in silence or not, the fact still remains that Cyberesque has
the right to demand direct and strict observance of these terms.
You can never claim any right with regards to Cyberesques flexible use of these
terms and conditions.
If any provision of these terms and conditions is held to be invalid or unenforceable
in whole or in part, the validity of the other provisions of these terms and
conditions and the remainder of the provisions in question shall not be affected
thereby. Please contact Cyberesque with regards to any business not mentioned
in these terms.
13. Intellectual and industrial proprietary rights
You shall respect all intellectual and industrial proprietary rights that exist
on articles sold by Cyberesque. Fully and unconditionally.
14. Governing law
All rights, obligations, offers, orders, agreements and other stipulations in
these terms and conditions are subject to German law and shall be submitted
to the exclusive jurisdiction of the courts of Germany.
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