General Terms & Conditions

Dated: June 2007
These are the general terms and conditions for: paranoiaparadise

www.paranoiaparadise.com
Sales Tax-Ident. No. DE 00783962110

(suceeding „vendor“ or „paranoiaparadise“)

paranoiaparadise offers paranoiaparadise clothing exclusively on the website of paranoiaparadise.com. The following regulations set forth the terms for contract completions carried out in the online-shop.

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§ 1 General conditions - scope of application

Customers in respect to these general conditions are end-users. Customer in accordance to these general conditions is any individual entering into trading conditions and acting for a purpose that cannot be attributed to their commercial activity or their independent activities.
The general conditions apply to the entire business connection between the customer and paranoiaparadise.
Differing, opposing or additional conditions to the original terms – even with knowledge – are not a contract component, unless general application is explicitly accepted in writing

§ 2 Contract completion in the Online-shop

All products inserted under paranoiaparadise are not binding offers. They must only be regarded as a request to the customer to make a binding offer.
The customer consents to the binding contract. Delivery will be confirmed to the customer immediately. Confirmation of the delivery is not yet an acceptance for the order, although it can be connected with the letter of acceptance.
paranoiaparadise is entitled to limit the order to a usual household quantity.
paranoiaparadise is entitled to accept the customer’s terms of contract within three working days of receipt. The acceptance can either be declared through explicit notification or the delivery of the goods.
Illustrations as well as further descriptive production details are only roughly decisive, as far as they are not explicitly described to be binding by paranoiaparadise. Especially range renewals by the manufacturer can cause alterations to the existing product. Such alterations are therefore subject within the framework of reasonableness.
The contract completion between customer and paranoiaparadise is conditional. paranoiaparadise will inform the customer immediately if the purchase is only partly available or not available at all. In case of a cancellation due consideration will be reimbursed to the customer immediately. Responsibility regards § 9, general terms & conditions, stays untouched.

§ 3 Payment

For recipients inside the European Union quoted prices for each offer are gross prices - meaning that all price elements and possible arising taxes are included (VAT).
For recipients outside the European Union quoted prices for each offer are net prices - meaning that price elements and possible arising taxes are not included. paranoiaparadise has no influence, if a shipment will be charged with taxes / customs.
Shipping costs are listed separately and depend on weight and shipping location of the desired items. The shipping costs are calculated with software – calculated shipping costs do not represent a binding offer of paranoiaparadise. If there are differences in the calculated and the real shipping costs, they will be communicated to the client immediately. The client must pay in advance the difference, in order to receive a binding offer of paranoiaparadise.
Standard practise for paranoiaparadise is cash in advance. Charges for bank transfers (if they occur) are for the customers account.

§ 4 Delivery- and shipping terms

Shipment and/or delivery of the products is only carried out to delivery addresses within Germany, Austria, Switzerland, Denmark, Belgium, The Netherlands, Luxembourg, Liechtenstein, Great Britain, France, Italy and Sweden.
Partial deliveries are permitted as far as they are just and reasonable for the customer. Additional costs accrued from partial deliveries are the liability of the customer.
The customer assures to have given the right and complete delivery address. The customer is liable for charges occurring due to incorrect addresses and subsequent additional deliveries.
Delivery will be within seven business days.

§ 5 Unterbrechung der Lieferung

Wird die Einhaltung von Lieferterminen durch Gründe verzögert oder unmöglich gemacht, die paranoiaparadise nicht zu vertreten hat, (z.B. höhere Gewalt, Arbeitskämpfe, behördliche Maßnahmen, Lieferverspätung der Vorlieferanten durch höhere Gewalt, unverschuldete Betriebsstörung), so verlängert sich die Liefer- bzw. Abnahmefrist ohne weiteres um die Dauer der Verhinderung, längstens jedoch um die Dauer von 8 Wochen zuzüglich einer angemessenen Nachlieferungsfrist. paranoiaparadise ist in solchen Fällen ebenso berechtigt, für den nicht erfüllten Teil des Vertrages ganz oder teilweise vom Vertrag zurückzutreten.
Die Verlängerung tritt nicht ein, wenn paranoiaparadise dem Käufer nicht unverzüglich Kenntnis von der entsprechenden Behinderung gibt, sobald zu übersehen ist, dass die vereinbarten Fristen nicht eingehalten werden können.
Hat die Behinderung länger als 8 Wochen gedauert, so ist der Käufer berechtigt, von dem noch nicht erfüllten Teil des Vertrages zurückzutreten. Dies ist uns jedoch schriftlich anzuzeigen.
Schadensersatzansprüche sind ausgeschlossen.

§ 6 Risk changeover

The risk of possible loss and possible deterioration of sold goods is passed over to the customer with receipt of the goods.
paranoiaparadise is not liable in case of default of acceptance.

§ 7 Restitution proceedings and consequences

1. Customers are entitled - by applicability of the regulations for long-distance contracts - to a right of return for purchased articles on condition of the following directions: The customer can return the goods within two weeks without explanation. The fixed period starts at the earliest with receipt of the goods and this direction. The fixed period is protected by a punctual dispatch. Goods are usually returned at the expense and risk of the buyer. Cost of shipping will be reimbursed by paranoiaparadise, if the returned item is defective or wrong.
Goods or repurchase requests are to be addressed to:

paranoiaparadise – Felix Kuschnick
Wilhelm-Michel Str. 4
64285 Darmstadt
e-mail: contact@paranoiaparadise.com
In case of an effective return benefits taken in on both sides are to be returned and if necessary gained benefits to be handed out. A value compensation claim can be demanded with the deterioration of goods. This does not apply - if the deterioration of the goods is exclusively attributed to testing - made possible only for customers in shops. The customer can avoid value-replacement-obligations if the goods are not used in a proprietary fashion and value depreciation is refrained from.
Unstamped submissions are not accepted.

§ 8 Vendor’s lien

paranoiaparadise is owner of the sold product until the full price is paid.

§ 9 Defect liability

Defect claims depend on the following:

All deliveries are subject to the contractual or statutory obligations arising from a guarantee. Material deficiencies entail a claim for remedy of defects. Failing this, you may retreat from the contract or accept a reduction in price.
The customer is not entitled to immediately eliminate defects himself or instruct a third party; any incurred claims for expenses will not be paid to the customer.
In case of transport damage the customer is obliged to inform the vendor immediately and assist in a combined effort with possible assertion of claims towards the transport company or the transport insurance involved. It is the customer’s duty to give immediate notice should the goods be lost or damaged on delivery as far as this is an apparent defect; he must keep the packaging. Loss or not apparent damages must be reported to the transport company as well as paranoiaparadise within 7 days after delivery.
The mere presentation of the goods as well as the corresponding descriptions of the product are to be looked upon as pure performance descriptions, on no account must they be seen as a guarantee for the quality of the product.

§ 10 Liability

paranoiaparadise has unlimited liability in cases of wilful intent or gross negligence and unlimited liability in the event of a negligent breach of duty if this concerns claims based on injury to life, limb or health. The liability of paranoiaparadise pursuant to the provision of the German Product Liability Act based on malice or under a guarantee remains unaffected.
The vendor shall only be liable in case of simple negligence if an essential obligation of the agreement has been violated; damages are limited to predictable, contract typical, immediate average damages.
In case of slight negligence concerning unimportant contractual obligations paranoiaparadise will be liable for predictable, contract typical, immediate average damages.
Further liability regardless to the legal nature of the claim is impossible.

§ 11 Final conditions

The law of the Federal Republic of Germany applies.
The provision of the international private law as well as the provision of the United Nations law for international purchase orders, do not apply.
Agreed contracted place for all contractual and legal demands is, as far as nothing else is specified or urgent legal regulations do not stand in the way, the registered office of the vendor.
Is the customer’s place of residence or his usual address not known at the time of filing the action, the place of jurisdiction for any legal disputes arising from the contract will also be at the place of the vendors registered office. He is however authorized to call a court at a different place of jurisdiction.
Amendments and additions to the existing contract require a shape of text matter. This also applies for amendments to this clause.
Should certain regulations of the contract with customers including these general terms & conditions be or become completely or partly ineffective or include a loophole in the agreement, the validity of the remaining regulations will not be effected. In these cases parties commit themselves to replace the complete or partly ineffective provisions with effective regulations, whose economic success is closest to the ineffective regulations.