TERMS OF SERVICE – ABURY Collection

TERMS OF SERVICE

OVERVIEW

This website is operated by ABURY Collection GmbH. Throughout the site, the terms “we”, “us” and “our” refer to ABURY Collection GmbH. ABURY Collection offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

You can find information on the right to revocation under subparagraph 6.


SECTION 1 - FORMATION OF CONTRACT
SECTION 2 - PRICES
SECTION 3 - PAYMENT
SECTION 4 - DELIVERY, SHIPPING COST
SECTION 5 - RETURNING GOODS
SECTION 6 - CANCELATION INSTRUCTION
SECTION 7 - RETENTION OF PROPRIETARY RIGHTS
SECTION 8 - GIFT CERTIFICATE REQUIREMENTS
SECTION 9 - WARRANTY
SECTION 10 - DATA PROTECTION
SECTION 11 - GENERAL

 

SECTION 1 - FORMATION OF CONTRACT

1.1. Offers from the online shop are not legally binding. By clicking on "Buy" the customer makes a legal commitment to the provider of intent to acquire the basket contents.

1.2. Order confirmation occurs as soon as your order is accepted, right after being sent by automated e-mail. Email confirmation makes the purchasing agreement binding.

1.3. ABURY Collection will come about as part of testing the ordering process using the usual types of questions customers or problems regarding availability. The ordering process will be tested the same way for orders stemming from countries other than Germany, Austria, Belgium, Cyprus, Denmark, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden, Switzerland, Spain and the UK since at the present time, ABURY Collection is only able to process and handle these types of orders after first establishing proper contact with the customer and other coordination efforts with the customer, such as the activities involved in shipping items to a customer or handling tariff and customs regulations.

SECTION 2 - PRICES

All prices stated are final prices in Euros, and include the respective applicable value-added tax. Prices at the time of order are valid and applied to the order. Any applicable shipping costs (see subparagraph 5.4) shall be clearly stated and the total costs shall be indicated on the customer's order.

SECTION 3 -  PAYMENT

3.1. Payment is due immediately, i.e. as soon as the transaction has been completed through ABURY Collection, unless expressly specified otherwise or unless otherwise agreed.

3.2. After placing his order, the customer has the option of paying by credit card, PayPal, immediate bank transfer, direct debit from one's personal bank account or bank transfer/cash advance. The selected payment method shall be debited/credited immediately (with the exception of a bank transfer).

3.3. Payment by bank transfer must include the order number and the date of order and must be sent to the following ABURY Collection GmbH account:
ABURY Collection
GLS Bank IBAN
DE20430609671123744100
BIC GENODEM1GLS

3.4. The customer has the right to offset (e.g. store credit) only if the counterclaims are undisputed or have been determined to be legal.

3.5. The customer can only exercise a right of retention if his counterclaim is based on the same contract.

SECTION 4 - DELIVERY, SHIPPING COST

4.1. Delivery time for Germany is approximately 3 to 5 working days, and 5 to 10 days for all other countries after receipt of payment. .

4.2. We deliver to the following countries only:

Germany
Austria
Belgium
Cyprus
Denmark
Finland
France
Italy
Luxembourg
Netherlands
Poland
Portugal
Sweden
Switzerland
Spain
United Kingdom ABURY Collection will only deliver to other countries after making separate, individual arrangements with the customer. The customer is responsible for complying with the relevant customs and tax rules, including the resulting costs. ABURY Collection makes it very clear to the customer that the customer could be responsible for costs above and beyond those related to the goods and shipping costs.

4.3. A flat-rate delivery charge of 4.9€ shall be applied to goods delivered to Germany. A second flat-rate delivery charge of 8.9€ shall be applied to goods delivered to Austria, Belgium, Denmark, Finland, France, Italy, Luxembourg, the Netherlands, Poland, Portugal, Sweden and Spain and UK. This rate is 17,9€ for shipping to Switzerland and Cyprus.

SECTION 5 - RETURNING GOODS

Regardless of a statutory right of withdrawal for consumers (see 6.1.), ABURY Collection shall grant you the right to revoke your order in whole or in part if you return to us the goods that you would not want within 14 days of receipt. The customer is responsible for taking the cost for return shipments.

SECTION 6 - CANCELATION INSTRUCTIONS

As a consumer, you have the legal right to cancel an order, excluding engraved products. The following instructions are for regulations that apply to German consumers. Other regulations may apply to those placing orders in other countries. Please also see our contractual return policy above in subparagraph 5.

6.1. Right of withdrawal for consumers You can cancel your contract in writing within 14 days without giving reasons (e.g. by letter, fax, email) or - revoked by re-broadcasting the thing - if you receive the goods before the deadline. This period begins after receipt of notification in written form, but not before customer takes receipt of the goods (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), and also not before our information obligations have been met in accordance with Article 246 § 2 in connection with § 1 paragraphs 1 and 2 of the Introductory Act of the Civil Code (EGBGB), including our obligations in accordance with § 312g paragraph 1 sentence 1 of the German Civil Code in connection with Article 246 § 3 of the Introductory Act of the Civil Code.

Sending the revocation or returning the goods in a timely manner will safeguard the revocation period. The revocation should be sent to:
ABURY Collection GmbH
Kastanienalle 42
10119 Berlin
Email: return@abury.net

6.2. Consequences of withdrawal - In the event of an effective withdrawal, the mutually received services must be returned, and any benefits (e.g. Interest) must be surrendered. We must be compensated for equal value if you are not able to return the perceived services and/or benefits (e.g. advantages) either wholly or in part, or you return or surrender them in a worse condition. In the case of goods being returned in a worse condition, and for services received, you only have to compensate us for equal value to the extent that the benefits or the deterioration of the goods can be directly linked to using the goods, and this usage is beyond that of normal wear and tear as it relates to the goods' characteristics and function. By "testing the characteristics and function," we mean testing and evaluating the goods to the extent that it would be possible and usual in a commercial store situation.

We will assume the risks when you return transportable items. 

Obligations related to reimbursement must be carried out within 30 days.

For you, this period starts as soon as you send the cancellation notice or the goods; for us, this period starts as soon as we receive either one of these.

6.3. No cancellation policy for engraved products We manufacture your individually designed products with engraving upon your request. The legal right to cancel an order is therefore excluded in accordance with § 312d paragraph 4 sentence 1 of the German Civil Code and does not apply to products with engraving.

SECTION 7 - RETENTION OF PROPRIETARY RIGHTS

Even after delivery, the goods remain our property until they have been paid for in full.

SECTION 8 - GIFT CERTIFICATE REQUIREMENTS

8.1. Gift certificates are valid and can be used during the specified period, and can only be redeemed once per order. The value of the goods should match the value of the gift certificate. We cannot refund the difference if the value of the goods is less than that of the gift certificate.

8.2. Gift certificates are non-transferable. The value of the gift certificate cannot be exchanged for cash or interest. If the gift certificate is less than the goods ordered, then you can make up the difference through using one of our payment methods.

8.3. Gift certificates cannot be combined. Gift certificates are not reimbursed in the event goods are returned wholly or in part as part of cancelation of a contract, as long as the gift certificate was issued as part of an advertising campaign for which the customer did not provide any quid pro quo.

SECTION 9 - WARRANTY

9.1. The legal, lawful purchasing warranty provisions apply.

9.2. ABURY Collection almost never provides a warranty. The only time we will issue a warranty for goods we have delivered is if we have expressly stated such, e.g. in the purchase confirmation for that particular item.

9.3. Customary and usual or unavoidable variations due to the material itself that affect quality, color, size, performance or designs are usually irrelevant. We will not usually acknowledge any warranty claims involving any of these. The customer is, however, free to prove that these types of variations are significant.

SECTION 10 - DATA PROTECTION

10.1 Please go here for instructions on data protection/our privacy policy.

SECTION 11 - GENERAL

11.1. Only these General Terms and Conditions for the basis for any contractual relationship between the user and the seller. The seller shall only acknowledge deviating conditions if he has expressly agreed to them in writing.

11.2. All remaining provisions in this document shall remain effective if one of the provisions of these terms and conditions should prove ineffective or unenforceable. All oral agreement must be confirmed in writing.

11.3. The customer can go to the shop's website www.abury.net/terms-and-conditions to print out or save these general terms and conditions that include general contract provisions. The seller shall save and store the customer's ordering data. Data on completed, open or recently shipped orders can be viewed in the user account. Information regarding customer address, possibly even bank account information and an optional newsletter subscription can be managed, updated and stored here. The customer is responsible for keeping all his access data confidential and not disclosing it to an unauthorized third party. In terms of placing orders, all statements made by the customer must be truthful. The customer must immediately notify us of any changes in this information by sending us an email at order@abury.net. Or, the customer is also free to notify us by making these changes himself in his customer account.

11.4. The law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods, CISG.
Operator information:
ABURY Collection GmbH
Kastanienallee 42
10119 Berlin
General Manager: Andrea Bury

Updated: October 2016

Hours of education
have been given back to the ABURY communities.

 

To pay fair salaries is a start, but not enough!
Every time you buy an ABURY product,
you are transforming its hours of production in hours of Education
to the Communities where the product was made.

Learn more about the ABURY Foundation and our projects
for social development in the ABURY communities.

 

Newsletter sign up for all the latest news and exclusive offers.

Sign up and receive 10% OFF your first ABURY order!

Search our store