General Conditions of Sale (GCS)

1. Contracting Parties
2. Exclusive Applicability of our GCS
3. Contract
4. Changes
5. Payment Conditions
6. Retention of Title
7. Late Delivery
8. Return of Goods (E-Contracting)
9. Defects / Warranty
10. Liability
11. Storing of Personal Data
12. Applicable Law
13. Written Form Requirement


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1. Contracting Parties

smil products are sold by: Nadja Girod | Korsörer Str. 23 | 10437 Berlin hereinafter referred to as Seller.

2. Exclusive Applicability of our GCS

For any and all deliveries the Sellers delivery and payment conditions on hand are exclusively applicable.
Differing terms of the Customer shall only be applicable if and when they have been agreed by the Seller explicitly and in writing.

3. Contract

Any sales contract will be concluded by Customers order and Sellers confirmation of such order via e-mail.

4. Changes

Seller reserves the right to improvements or slight, reasonable changes of the ordered merchandise.

5. Payment Conditions

Customer may choose prepayment with money transfer (only inside Germany) and paypal (rest of world - www.paypal.com).
Prices do not include taxes (UstG §19, part 1 (Kleinunternehmerregelung). International orders may incur a customs fee by your local customs authorities that you have to pay too.

6. Retention of Title

All delivered goods remain Sellers sole property until full payment has been effected by Customer.

7. Late Delivery

If delivery is not made within the indicated time period, Customer may give notice to Seller by setting an appropriate period of grace.
If Customer does not receive delivery within this period of grace he may, in addition to other rights granted under statutory law, but subject to Section 11 hereof, withdraw from the Contract.

8. Return of Goods (E-Contracting)

Within one month of receipt of the merchandise Customer may withdraw from the Contract by sending back the merchandise (unused and in original wrapping and packing, invoice enclosed) to Seller at the address set forth in Section 1 hereof. Customer shall bear all costs of the return consignment if the purchase price of the merchandise sent back does not exceed 40,- Euro or if, in case of a higher purchase price, the Customer has not yet paid the purchase price or has not made an agreed partial payment at the time of return of the merchandise. In any other case Customer may send back the merchandise at no extra cost. In case of deterioration of the merchandise or wear and tear, the Seller may ask for appropriate compensation. In all other cases Customer shall retrieve the purchase price already paid.

9. Defects

1) In case of defects of the merchandise which lie within Sellers responsibility, Customer may ask for supplementary performance (removal of defects or replacement) within appropriate time. If the supplementary performance fails, is impossible or can only be effected by Seller at unreasonable costs, Customer may withdraw from the Contract or reduce purchase price appropriately. (2) Silk screened products may have slight variations, stains or other differences.This lies in the nature of screen printed objects and is no defect.
(3)Part of the fabrics is vintage and can be thin and abraded.
patterns of fabric can differ from the ones shown in the pictures.That depends on the pattern. THe pictures shown on the website are only examples.

10. Liability

(1) Seller’s liability shall not be limited in cases of liability according to statutory product liability (Produkthaftungsgesetz) or in case of personal injuries resulting from breach of obligation (bodily injuries). In case of any other breach of obligation Seller’s liability shall be limited to damages arising out of intentional behavior and gross negligence. This limitation also applies to Seller’s legal representatives, employees, agents, representatives and vicarious agents. If an obligation is breached, which obligation is of importance for the successful turnout of the contractual goals (cardinal obligations) Seller shall also be liable in cases of slight negligence. However, Seller’s liability in cases of breach of cardinal obligations shall be limited to intentional behavior and gross negligence for consequential, unforeseeable damages or other indirect damages such as loss of profi t, lost savings, damages resulting from third party claims or any other consequential damages. Seller shall not be liable for any damages resulting >from any other or inappropriate use of the products, particularly damages resulting >from overloading or filling with sharp-edged or pointed objects.

11. Storing of Personal Data

Customer’s personal data will be stored as far as they are necessary for the completion of Customer’s order, taking into account the Federal Data Protection Act (Bundesdatenschutzgesetz) and will be forwarded to the carrier or other third parties involved in the performance of the order, as may be necessary. After the order has been completed the data will be deleted immediately, unless legal requirements demand the storage of the data.

12. Applicable Law

This Contract shall be construed exclusively under the Law of the Federal Republic of Germany to exclusion of its confl ict of law principles and of the UN Convention of the International Sale of Goods.

13. Written Form Requirement

Changes and amendments of this Contract including this clause and any side agreements must be made in writing.