Terms & Conditions

§ 1
Scope of application

These General Terms and Conditions shall apply to any and all mutual claims arising from and in relation with agreements made between you and Steiff Gallery UK, Regents Arcade, Unit 75 The Glades Shopping Centre, Bromley, Kent BR1 1DD, (hereinafter referred to as "Steiff Gallery") through online trade. Any differing terms and conditions shall not be accepted unless Steiff has expressly agreed to their application in writing.


§ 2
Conclusion of agreements

1.
The purchase order shall constitute your offer (declaration of agreement) for the conclusion of a sales agreement to Steiff Gallery, to which you shall be bound for 2 weeks and subsequently until the receipt of a written revocation by Steiff Gallery. The receipt of the purchase order shall be confirmed by Steiff Gallery by e-mail. Such order confirmation shall not be deemed an acceptance of your purchase order but only inform you that your purchase order has been received by Steiff Gallery. The agreement shall be deemed concluded either by a further express declaration of acceptance by Steiff Gallery or upon the dispatch or delivery of the ordered goods.

2.
Steiff Gallery shall only enter into agreements with you if you have unlimited legal capacity, i.e. no agreement shall be made if you are a minor.


§ 3
Right of return

1.
You shall be entitled to return the goods received without having to indicate any reasons within two weeks by returning the goods. Such period shall start upon receipt of the information about this right in writing (e.g. by letter, fax, e-mail), however not before the goods have been received by the recipient and not before our obligations to inform in accordance with § 312c para. 2 BGB [German Civil Code] in conjunction with § 1 para.1, 2 and 4 BGB-InfoV [Regulation about the obligations to inform and provide evidence under civil law] as well as our obligations in accordance with § 312e para.1 sentence 1 BGB in conjunction with § 3 BGB-InfoV have been fulfilled. Only with goods that cannot be dispatched by parcel (e.g. with bulky goods) may you declare the return by means of a written request to take back the goods. In order for this period to be deemed met, it shall be sufficient to dispatch the goods or the request to take back the goods within such period. Goods are sent back at your own risk, so please send by recorded means. Postal charges will not be refunded. The return or request to take back the goods shall be made to:

Steiff Gallery Bromley
Regents Arcade
Unit 75 The Glades Shopping Centre
Bromley, Kent BR1 1DD
Großbritannien
Tel.: 0044 (0) 208 466 84444
email: shop@steiffgallery.co.uk

2.
In the event of an effective return, anything that has mutually been received in performance of the agreement and any benefits already received (e.g. benefits through use) shall be restored. In the event of a deterioration of the goods, compensation for lost value may be claimed.
This shall not apply if the deterioration of the goods can exclusively be attributed to their inspection – as, for instance, it would have been possible at a shop. For the rest, you can avoid to become liable for compensation for a deterioration that is due to having used the object for its intended purpose by not using the goods as if you were their owner and refraining from anything that might affect their value. Any obligations to refund payments shall be fulfilled within 30 days. This period shall start upon the dispatch of the goods or the request to take back the goods for you and upon their receipt for Steiff Gallery.

3.
The right of return shall not apply if the ordered goods are manufactured or modified according to your wishes, e.g. personal bears, articles from the bear configurator, studio pets or customised embroideries.

§ 4
Delivery/dispatch

1.
Unless expressly otherwise agreed upon, delivery shall be made ex warehouse to the address indicated by you.

2.
Any information about delivery periods shall be non-binding; this shall also and particularly apply if an article is labelled "available from...". Indicated delivery periods shall only be binding if the delivery date has expressly been promised as binding by way of exception.

3.
If articles are ordered that are not available on the date of the purchase order (e.g. labelled "available from..." or "currently not available"), Steiff Gallery may withdraw from any agreement that has been made if the article is ultimately not manufactured anymore. Its withdrawal shall be deemed declared upon an according notification to you. In such event, you shall be released from your payment obligation as well as Steiff Gallery shall be released from its delivery obligation. Any further mutual damage claims shall be excluded.

4.
If any disturbances of the business operations occur with Steiff Gallery or its suppliers that cannot be attributed to them, particularly events of force majeure, which are due to an unforeseeable and uncaused event and lead to severe interruptions of operations and render the performance of the agreement impossible, Steiff Gallery shall be entitled to withdraw from the agreement. You shall then be released from your payment obligations, and Steiff Gallery shall be released from its delivery obligations. Steiff Gallery shall immediately refund any (down-)payments that have already been made. Any further mutual damage claims shall be excluded.


§ 5
Prices/payment

1.
The prices shall not include any delivery charges. Unless expressly otherwise agreed upon, the delivery charges to the amount of 7 Pounds for the UK and 14 Pounds for Europe shall be borne by you.

2.
The only payment option available to you shall be payment by credit card (Visa, Mastercard).


§ 6
Warranty/liability

1.
The warranty shall be subject to the legal provisions.

2.
The warranty shall not cover any defects that arise with you due to natural wear, moisture, improper treatment or improper storage. Likewise, customary deviations with the materials used, particularly with respect to colour shades, that are reasonable for you shall be reserved.

3.
Unless expressly otherwise agreed upon, the descriptions given in catalogues, brochures or other publications shall constitute descriptions of the properties of the delivered goods and their potential use but no warranted durability or properties.

4.
Any guarantee promises shall at any case expressly be confirmed by Steiff Gallery.

5.
Any further damage claims on any legal grounds whatsoever, particularly for breach of agreed collateral obligations, claims for damages due to tortuous acts or compensation for costs shall be excluded. This shall not apply if a material obligation under the agreement (cardinal obligation) has been breached or the damage has been caused by wilful or grossly negligent conduct. The exclusion of liability shall not apply either to any culpable damage to life, body or health. Notwithstanding the exclusion of liability, claims under the product liability act or based on any promised guarantees, provided that it is the object of such guarantee that triggers the liability, shall also continue to apply.

§ 7
Retention of title

The title to any and all items delivered shall remain with Steiff Gallery until any and all obligations under the agreement have completely been fulfilled. You shall not be entitled to resell the retained goods without the consent of Steiff Gallery.


§ 8
Offsets/retention

1.
You shall only be entitled to make offsets if your counterclaims have finally been established or are undisputed by Steiff Gallery.

2.
Furthermore, you shall only be entitled to execute a right of retention if your counterclaim is based on the same agreement.


§ 9
Data protection

We shall hereby inform you that personal data as defined by the Federal Data Protection Act will be processed in the course of the business relationships or in relation with such. Subject to your objection, such data shall also be used in order to inform you about the products and services of Steiff Gallery. You shall hereby be informed that you may at any time object to such use of your data in writing (e.g. by letter, fax, e-mail). Further information can be seen from the declaration on data protection under www.steiff-gallery-london.co.uk


§ 10
Final provisions

1.
The legal relationships between you and Steiff Gallery shall exclusively be governed by the laws of the UK (England); the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of private international law shall be excluded.

2.
The place of jurisdiction and the place of performance shall be the domicile of Steiff Gallery if you are a businessperson or you place of residence is not within the UK. However, Steiff Gallery shall also be entitled to sue you at your general place of jurisdiction.

3.
If any provisions are entirely or partially ineffective, this shall not affect the effectiveness of the remaining provisions.

4.
Lay-away and deposits paid are non-refundable and non transferable.
The Steiff Gallery does not offer refunds. We are happy to exchange within 28 days of purchase, providing the item is in a resalable condition and is accompanied by the original receipt.

Steiff Gallery may update and amend these General Terms and Conditions at any time. Any use shall only be subject to the General Terms and Conditions as amended.


© Steiff Gallery UK
Subject to change. September 2008.

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