Terms and Service
§ 1. Scope
All of our sales, deliveries and services are subject to the following general terms and conditions. Terms and conditions set by the purchaser, should they differ from our business conditions, are not valid, even if we deliver the order without having explicitly disagreed with these conditions prior to the action. Should the customer demand a delivery under different terms and conditions, then we have the right to refuse delivery.
§ 2. Offers, prices, and conclusion of contract
All of the prices stated in our offers refer to cash prices including V.A.T. All of our offers are subject to confirmation and are conditional, including programming errors. Should there be a price increase in goods that have already been ordered, we will seek your agreement prior to processing your order. You will be informed immediately of any price reductions. Before a contract is considered concluded, our written confirmation is required. This requirement is supplanted by delivery and/or the issuing of an invoice. Subsidiary agreements and deviations from our general terms and conditions must be made in writing. This also applies even if formalities have not been observed. Sketches, images, measurements, weights or other specifications are only binding if they has been explicitly agreed upon in writing. Such specifications are not a guarantee of features. We reserve the right to make mistakes and to alter prices.
§ 3. Rights of revocation and return
You can revoke your order without specifying cause within two weeks, either in written form (i.e. letter, e-mail) or by returning the product to us. The revocation period begins upon receipt of your product. To comply with these terms, a timely written revocation notice or the returned product will suffice, if sent before the end date of the revocation period to the return address below:
Ramifications of revocation:
In the case of revocation, you are obligated to return the products received. We will then refund any payments already made for the delivered product.
The right of revocation does not apply to product orders which have been custom-made to your specifications, or explicitly tailored to your personal wishes, or to goods which are of a nature not suitable for return.
Please return the products to us with the original invoice enclosed. Assortment goods are to be returned in their entirety. You are responsible for any standard costs of return postage, as long as the delivered product corresponds to your order and the cost of the item to be returned does not exceed the amount of 40 Euro; or, the in case of an item of higher cost, if you have not yet paid the equivalent amount due or a contractually agreed-upon partial payment at the date and time of revocation. In all other cases, return of goods is free of charge. If the product is incorrect or was delivered to the wrong address, RESTLESS MIND will cover the return postage costs.
The consumer must pay compensation for deterioration of the goods, if the deterioration can be traced to handling the product in a manner which exceeds the checking of features and functions, or the testing out and trying on of the respective product, such as would be possible and usual in a retail shop.
End of the revocation policy.
§ 4. Delivery and place of fulfilment
The place of fulfilment for our services is the company headquarters. Your customised product or your order will be processed as soon as it is received. The delivery period is approx. 14 days or, in the case of specially manufactured designs, there will be a period of 4 weeks before we can deliver. Your order will be delivered via the Deutsche Post / DHL (the German Post Office). The delivery is insured and will be sent in plain generic packaging. The postal delivery costs, at the rate of 9,50 EUR to European countries, 9,50€ to Japan, 9,50€ to North America, and9,50€ EUR to Switzerland, will be added to the purchase price. Although we do our best to deliver as quickly as possible, these time frames for delivery are somewhat approximate and not binding.
Missed deadlines do not give the customer the right to refuse the delivery. Partial deliveries are made at our own discretion, unless otherwise specifically indicated by the purchaser upon ordering. We reserve the right to refuse delivery, should we suspect that false information has been provided with regard to delivery address or stated age.
§ 5. Refusal of acceptance
In the case of our delivery being refused acceptance without prior written cancellation of the order, we will charge a share of the cost of 15 EUR, or 25 EUR in the case of the refusal of express/freight deliveries.
§ 6. Terms of payment
The order will be sent after advance payment has been made via PAYPAL, or by instant bank transfer or advance bank transfer, to our bank account. Please add the respective delivery costs to the total amount of payment (postage within Germany: 0,00 EUR, postage within Europe: 9,50 EUR, postage to Switzerland: 9,50 EUR. The order will be sent on receipt of payment. Agreements that deviate from this policy must be made in writing. A payment offset by a counterclaim is only permitted if we agree to the counterclaim, or if one has been legally ascertained. The purchaser forgoes the right to assert a right of retention resulting from previous or other transactions made with us. Should payment on the part of our contract partner be delayed, we reserve the right to charge interest on arrears amounting to 2% above the current bank rate of the Deutsche Bundesbank. This does not exclude evidence of a higher or lower sum of damage caused by delay. Upon request, we will transfer back into your bank account any advance payments made by you, within 6 weeks of receipt, should we not be able to deliver the items in the foreseeable future due to delivery problems. Until the complete payment of the sales price has been made, the goods will remain the property of RESTLESS MIND.
§ 7. Notification of defects and warranty
For notification of defects on the part of the customer, the legal regulations apply. Otherwise, the customer should inform us of defects, in writing, within a period of 8 days. If not, any guarantee claims made will be invalid. The scope of the guarantee is limited to repair or replacement. Should three attempts at repair or delivery fail, the customer retains the right to demand a reduction or annulment of costs. Further claims on the part of the purchaser, in particular damages claims including lost profit or other financial losses on the part of the purchaser, are excluded. This does not apply if the cause of damage is a result of deliberate intent or gross negligence, or if claims for damages are made because a feature that has been guaranteed is lacking. Should an inspection of the faulty item show that the damage is a result of negligence on the part of the purchaser, RESTLESS MIND will communicate this to the purchaser in writing. Should the purchaser insist on repairs, he is required to cover the costs. If work, interventions, and/or repairs are carried out by the purchaser or by a third party without our written agreement, our warranty will be null and void.
§ 8. Reclamation and insurance
Every item that we send is insured according to the terms and conditions of the Deutsche Post. Should a delivery be damaged during transport or should a delivery not be fulfilled, a reclamation must be made within 48 hours, including written facts of the case provided by the delivery agent, the Bundespost (federal postal service) or Bundesbahn (federal train service), or the freight carrier, otherwise any replacement claims will no longer be valid.
§ 9. Liability
The liability is limited to damages incurred through gross negligence or wilful intent by us or by our helpers. The limitation of liability applies to contractual and non-contractual claims.
§ 10. Place of jurisdiction
German law applies, and for commercial purposes the place of jurisdiction is Moenchengladbach.
§ 11. Miscellaneous
ll texts, graphics and scripts are protected by copyright law and may not be used, in whole or in part, without our written authorisation. We reserve the right to take action to claim damages, should our copyright be violated, in particular by other companies.
Notification according to § 33 BDSG: any personal information or data communicated to us will be saved for the purpose of processing the order. We assure you that all information will be treated in strictest confidence and will not be passed on to third parties!