Terms and Conditions
Contractual terms and conditions within the scope of purchase agreements concluded via the platform dbergcouture.com, operated by:
dbergcouture.com, Erlangen – 91056, Germany, Email: support@dbergcouture.com
- Hereafter referred to as the “Provider” – and the users of this platform referred to as “Customers” as described in Section 2 of these Terms and Conditions.
Section 1: Scope
The business relationship between dbergcouture.com, located in Erlangen, Germany, and the Customers is governed exclusively by the following General Terms and Conditions, which are valid at the time of placing an order. Any differing conditions of the Customers will not be recognized unless expressly agreed upon in writing by dbergcouture.com.
Section 2: Contract Conclusion
(1) Customers can select products from the range of dbergcouture.com and add them to a virtual shopping cart on the dbergcouture.com website. By clicking the “Proceed to Checkout” button, Customers submit a binding offer to purchase the items in their shopping cart. Customers have the option to modify and review their data before submitting the order.
(2) Upon receipt of the order, dbergcouture.com will send an automated order confirmation email with the subject line “Your Order has been Confirmed” to the Customer. This email will contain a summary of the Customer’s order and can be printed using the “Print” function. The Customer’s order (1) constitutes an offer to enter into a contract based on the contents of the shopping cart. The order confirmation represents the acceptance of the offer by dbergcouture.com. The contract text (including the order, terms and conditions, and order confirmation) will be sent to the Customer in a durable format (email or paper printout) either in this email or in a separate email, but no later than upon delivery of the goods. The contract text will be stored in compliance with data protection regulations.
(3) Contracts are concluded in the English language.
Section 3: Delivery, Product Availability, and Payment Terms
(1) Delivery times provided by dbergcouture.com are calculated from the moment of order confirmation (Section 2 (2) of these Terms and Conditions), assuming the purchase price has been paid in advance.
(2) If a product specified in the Customer’s order is temporarily unavailable, dbergcouture.com will promptly inform the Customer. In case of a delivery delay exceeding two weeks, the Customer has the right to withdraw from the contract. In such a case, dbergcouture.com is also entitled to terminate the contract and will promptly refund any payments already made by the Customer.
(4) Customers can make payments using the available payment methods provided by dbergcouture.com.
(5) The purchase price is due immediately upon contract conclusion. If the payment deadline is specified, the Customer will be in default upon missing the deadline.
Section 4: Retention of Title
The delivered goods remain the property of dbergcouture.com until the purchase price has been fully paid.
Section 5: Prices and Shipping Costs
(1) All prices displayed on the dbergcouture.com website include the applicable statutory value-added tax.
(2) Shipping costs related to the order will be indicated to the Customer during the checkout process and are the responsibility of the Customer, unless the Customer exercises any right of withdrawal.
(3) In the event of a withdrawal, the Customer shall bear the direct costs of returning the goods.
Section 6: Warranty for Defects
(1) Dberg Couture (dbergcouture.com) is liable for defects in accordance with the applicable statutory provisions of the German Civil Code (BGB). The warranty period for items delivered by Dberg Couture to business customers is 12 months.
Section 7: Liability
(1) Claims for damages by the Customer are excluded. This exclusion does not apply to claims for damages resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breaches of duty by Dberg Couture, its legal representatives, or agents. Essential contractual obligations are those obligations necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, Dberg Couture shall only be liable for the foreseeable, typical damages if such damages were caused simply by negligence, unless they concern claims for damages resulting from injury to life, body, or health.
(3) The limitations of paragraphs (1) and (2) also apply in favor of Dberg Couture’s legal representatives and agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
Section 8: Dberg Couture Rewards
(1) By participating in the Dberg Couture Rewards program, users (see Section 8 (2)) commit to comply with the terms and conditions and agree to use this program as specified in the terms and conditions. If you do not unconditionally accept these conditions, you are not entitled to participate in this program in any way.
(2) “Users” are individuals who have created an account on dbergcouture.com and thereby participate in this program.
(3) The company reserves the right to cancel, modify, or terminate the program and its conditions at any time. Furthermore, the company reserves the right to exclude any user who does not comply with these terms and conditions from participating in this program. The company also reserves the right to refuse recognition, deduct, and delete Dberg Couture Rewards if fraudulent or misleading use of the program is suspected or if it does not comply with these general terms and conditions. This includes, among other things, using Dberg Couture Rewards as a coupon received for a purchase that is subsequently fully or partially revoked. In this case, the company reserves the right to offset the value of the coupon against the value of the refund for the revocation.
(4) The referral feature offered within a user’s created account is only available to users who have placed at least one order on the dbergcouture.com website.
(5) To avoid doubt, Dberg Couture Rewards can only be used on the website according to the current application options listed. Users are not entitled to cash out Dberg Couture Rewards. Dberg Couture Rewards cannot be converted into cash. Dberg Couture Rewards are non-transferable.
