Terms and Conditons
(1) The website of bermuda is currently accessible at www.bermudaliving.de and www.bermuda-living.com. The owner of the website is bermuda living, Meike Legler, 1529 1/2 Allesandro St., Los Angeles 90026, UStID DE 269283004
(2) The owner of that website is Shopify. bermuda is the contractual partner.
1. General, Customers, Language
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by my customers (each, a „Customer“) through my online shop www.bermudaliving.de (the „Online Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“).
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not I expressly object to them in a particular case.
(4) My contracts with the Customer shall be made exclusively in the German or English language, depending on which language the customer speaks.
2. Conclusion of Contract
(1) My offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by my for a period ending at the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, I will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by me either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(4) Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer during the ordering process and is shown under 5.
3. Right of Withdrawal of Contract and Effects
(1) The customer may revoke the order within a revocation period of 14 days without further specification of reasons in written form (e.g. letter or e-mail) or by returning the goods. The withdrawal period starts with the day of delivery but not before the reception of this instruction. The timely dispatch of the withdrawal or the goods shall be deemed sufficient for compliance with the revocation term. The withdrawal is to be addressed to: bermuda, Meike Legler, 1529 1/2 Allesandro St., Los Angeles 90026
2) In case of an effective withdrawal the customer is not bound by the contract for the subsequent period. Any performance received by one party is to be returned to the respective other, as are benefits derived from such performance. If the customer cannot return the goods received in whole or in part, or if he can only return the received goods in a deteriorated state, he must pay compensation for value insofar. There is no obligation to pay compensation for value if the sole cause of deterioration of the goods received was the inspection of the respective goods, as would have been possible in a retail shop. For the rest, the customer can avoid paying compensation for value in respect of deterioration in the goods as a result of their proper use, if the customer does not use the goods the way he uses his own property and refrain from doing anything that would curtail the value of the goods. I must bear the costs of return (if he is an EU-resident). Obligations to refund payments must be fulfilled within 30 days.
4. Prices and Payment
(1) My prices do not include CA sales tax, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(2) Unless expressly otherwise agreed by me, the customer may make the payment by prepayment or by PayPal.
(3) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by me or been determined by a final and binding decision.
5. Dispatch of the Product
(1) Any date of dispatch communicated by me shall be only approximate and may therefore be exceeded by up to five business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by me when the order is made or as otherwise agreed upon) shall begin (a) if prepayment has been agreed, upon receipt by me of the full purchase price (including shipping costs) or (b) if paypal payment was chosen, upon the conclusion of the sales contract.
(3) The date of dispatch shall be such day on which the product is handed over by me to the carrier.
(4) Regardless of whether any product is indicated on the order form as "in stock", I may sell such product at any time, provided that
a) the order form has included a notice as to the limited availability of the product or
b) an advance payment has been agreed upon and this payment amount is not received by me within a period of five business days upon my acceptance of the order. In such cases, I shall only be obligated to dispatch the product within the time period agreed upon or indicated by me as long as stock lasts.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or I am no longer required to deliver within any agreed time period pursuant to subsection 4, I shall be required to dispatch the product within a period of three weeks after the Relevant Date pursuant to subsection 1.
(6) In the event that my supplier fails to deliver in a timely manner a product that has been indicated on the order form as "not in stock" or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by my supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that my supplier’s failure to timely supply the products is not a result of my fault or negligence and that I have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, I shall without undue delay inform the Customer thereof. If the product is no longer available from my suppliers within the foreseeable future, I shall be entitled to terminate the sales contract. In case of such termination, I shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 9 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that I shall bear any additional shipping costs caused thereby.
6. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, I shall be free to determine the appropriate mode of shipment and to select the carrier at my reasonable discretion.
(2) I shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by me shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(4) I shall insure the product against the usual risks of transportation at my cost and expense.
7. Retention of Title and Resale
(1) I retain legal title to any product supplied by us until the purchase price (shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by me which are under retention of title, except with my prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from me to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the Customer is a Business Customer, I shall have the right to choose between any such remedies at my discretion, provided that such choice shall be made by me by written notice (in „text form“, including by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. I may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or I refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be one year upon delivery of the product.
(4) With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to me (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(1) My liability for late delivery shall, except in cases of wilful misconduct or gross negligence, be limited to an amount equal to 50% of the aggregate purchase price.
(3) I shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, my liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(4) The provisions of this Section 9 shall not apply with respect to my liability for guaranteed product specifications or personal injury.
10. Data Protection
I may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as I am required to keep such data in accordance with applicable law.
(2) I shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check, subject, however, to the Customer’s consent in each individual case. I shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law.
(3) Without the consent of the customer bermuda will not use customer data for commercial purposes, public opinion research or market research.
(4) The customer has the right to call up his data saved by bermuda, to be informed about these data, to alter such data or to have them deleted.