Terms and Conditions
BERLIN KILLS ME
Jonasstr. 43, 12053 Berlin, Germany
Email: hello@berlinkillsme.de
1. Scope
These General Terms and Conditions (T&Cs) apply to all contracts concluded between you (the customer) and BERLIN KILLS ME (hereinafter referred to as “we,” “us,” or “BERLIN KILLS ME”) for the purchase of goods in our physical store located at Jonasstr. 43, 12053 Berlin, Germany, or via our online shop (if applicable). These T&Cs apply regardless of whether you are a consumer or a business. Any deviating terms and conditions provided by the customer are not recognized unless expressly agreed to in writing by BERLIN KILLS ME.
2. Conclusion of Contract
2.2 Online Purchases (if applicable): The presentation of goods in our online shop does not constitute a legally binding offer but an invitation to place an order. By submitting an order, you make a binding offer to purchase. We will confirm receipt of your order via email. The contract is concluded when we accept your order by sending a separate order confirmation or by dispatching the goods.
2.3 We reserve the right to refuse orders, for example, if goods are unavailable or if we suspect fraudulent activity.
Prices and Payment Terms
3.1 All prices displayed in our store or online shop are in Euros (€) and include the statutory German value-added tax (VAT, currently 19% or 7% for applicable items).
3.2 For purchases, payment is due immediately at the checkout. Accepted payment methods include cash, debit/credit cards, and other methods displayed at the store.
3.3 Some purchases (if applicable), payment options include [list payment methods, e.g., credit card, PayPal, bank transfer, etc.]. Payment is due upon order placement unless otherwise agreed.
3.4 Additional shipping costs, if applicable, will be clearly indicated during the online ordering process.
4. Delivery and Shipping (for Online Purchases)
4.1 Goods ordered online will be shipped to the address provided by you during the order process. We ship within Germany and [list other countries, if applicable].
4.2 Delivery times are indicated in the product description or during the checkout process. Unless otherwise stated, delivery within Germany takes [insert typical delivery time, e.g., 5-10 business days].
4.3 If goods are unavailable, we will inform you promptly and refund any payments made.
4.4 Shipping costs are borne by the customer unless otherwise stated (e.g., free shipping promotions).
5. Right of Withdrawal (for Online Purchases)
5.1 Consumers (natural persons acting for purposes outside their trade, business, or profession) have a statutory right of withdrawal for online purchases under German law.
5.2 Withdrawal Period: You have the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day you or a designated third party (not the carrier) takes possession of the goods.
5.3 How to Exercise Your Right: To exercise your right of withdrawal, you must inform us at:
BERLIN KILLS ME
Jonasstr. 43, 12053 Berlin, Germany
Email: hello@berlinkillsme.de
by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from the contract. You may use the sample withdrawal form provided below, but it is not mandatory.
5.4 Return of Goods: You must return the goods to the above address within 14 days of notifying us of your withdrawal. You bear the direct costs of returning the goods unless otherwise agreed.
5.5 Refund: We will refund all payments received, including delivery costs (except additional costs for non-standard delivery methods), within 14 days of receiving your withdrawal notice. We may withhold the refund until we have received the returned goods or proof of return. Refunds will be made using the same payment method you used for the original transaction unless otherwise agreed.
5.6 Exceptions: The right of withdrawal does not apply to goods that are made to your specifications, are clearly personalized, or are not suitable for return due to hygiene reasons (e.g., worn or washed clothing).
Sample Withdrawal Form:
To: BERLIN KILLS ME, Jonasstr. 43, 12053
Berlin, Germany, Email: hello@berlinkillsme.de
I/We
hereby give notice that I/we withdraw from my/our contract of sale for the following goods:
Ordered on/received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if submitted on paper):
Date:
(*) Delete as appropriate.
6. Returns and Exchanges subject to our discretionary return policy. Goods may be returned or exchanged within [insert period, e.g., 14 days] of purchase with a valid receipt, provided the items are unused, in original condition, and with all tags attached.
6.2 Refunds or exchanges are not guaranteed for in-store purchases unless the goods are defective (see Section 7).
Please contact us at hello@berlinkillsme.de or visit our store for assistance.
7. Warranty and Liability
7.1 We are liable for defects in accordance with the statutory provisions of the German Civil Code (BGB). For consumers, the warranty period for new goods is two years from the date of delivery or purchase.
7.2 If goods are defective, you may request repair, replacement, or a refund, subject to legal requirements. Please contact us at hello@berlinkillsme.de or visit our store to report defects.
7.3 Our liability for damages is limited to cases of intent or gross negligence, except for injury to life, body, or health, or breach of essential contractual obligations. We are not liable for slight negligence unless it pertains to essential contractual obligations.
8. Data Protection
8.1 We collect, process, and store your personal data in accordance with the General Data Protection Regulation (GDPR) and German data protection laws. Your data will be used solely for processing your order and providing customer service unless you consent to further use (e.g., newsletters).
8.2 For detailed information on how we handle your data, please refer to our [Privacy Policy](insert link if applicable). You may contact us at hello@berlinkillsme.de with any data protection inquiries.
9. Retention of Title
Goods remain the property of BERLIN KILLS ME until full payment has been received.
10. Governing Law and Jurisdiction
10.1 These T&Cs and all contracts concluded with us are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive you of mandatory protections under the law of your country of residence.
10.2 For disputes arising from contracts with us, the courts of Berlin, Germany, shall have exclusive jurisdiction, unless you are a consumer, in which case you may also bring proceedings in your place of residence.
11. Online Dispute Resolution (ODR)
11.1 The European Commission provides a platform for online dispute resolution (ODR), accessible at: http://ec.europa.eu/consumers/odr/.
11.2 We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
12. Amendments to These Terms
We reserve the right to amend these T&Cs at any time. The version applicable at the time of your purchase will govern the contract. Updated T&Cs will be published on our website and, if applicable, communicated to you.
13. Contact For any questions, complaints, or inquiries, please contact us at:
BERLIN KILLS ME
Jonasstr. 43, 12053 Berlin, Germany
Email: hello@berlinkillsme.de
