1. General Terms
We the DM International Trading e.K ("cultizm") offer clothes of selected premium and top brands. The product offers in our webshop "www.cultizm.com" are directed to end users only.
2. Offer and acceptance
You make a binding offer to cultizm when you send us your online order. After you have submitted us your order, we will send you an e-mail confirming your order and its details (receipt). This receipt is not an acceptance of your offer and will only inform you that your order was received by us. We will accept your offer within three working days, depending on the availability of the ordered products. If your product is not available at the moment, we will inform you via Email. Payments already made will be refunded to you. The contract comes into existence when we send you the ordered products.
Except where noted otherwise, the list price displayed for each product on our webshop represents the full retail price listed on the product itself. The prices listed include VAT, but not the shipping costs. The shipping costs will depend on the weight of each order and the type of shipment selected and will be calulated during the ordering process.
4. Payment, Shipping & Delivery
4.1. We accept different methods of payment like credit cards (American Express, Diners Club, JCB, MasterCard, Visa) and PayPal. Bank transfer and Cash on Delivery is only available for European Customers.
4.2. After receiving the total amount of payment (incl. the costs of delivery) the products will be delivered. The total amount of payment is due no later than upon delivery. Otherwise the customer is in default of payment.
4.3 If an item is not in stock, we will reserve the right to partial deliveries.
4.4. The shipping rate depends on your order's destination. The costs for each region can be found here. You are responsible for the correct and full details of the delivery address.
5. Retention of title
The title to the goods remains vested in us until the full payment is fulfilled by the costumer.
6.1. In case of damage caused by improper use or treatment of the article, no warranty is provided. This also applies to damage caused by wearout.
6.2. Obvious defects must be reported to us by written notice within two weeks after receiving the order.
6.3. If the delivered goods are defective, the customer can choose between the elimination of the defect or the delivery of new goods free of defects. We are entitled to refuse amending the good if this would cause disproportional costs.
7. Language for the contract
You have the possibility to conclude the contract in either German or English.
8. Applicable Law
8.1. All contracts between us and the customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the Convention of the United Nations on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law provisions.
8.2. The place of jurisdiction is Muenster, Germany. For consumers, this choice applies only to the extent that the rights of his country of his habitual residence will not be withdrawn.
8.3. If the customer is a businessperson, a legal person of public law or public fund assets, the place of jurisdiction and the legal domicile for all disputes arising from the contractual relationship is cultizm’s address of record. The same regulation applies if the customer, who is a businessperson, does not have a legal domicile in Germany or if his/her habitual abode in unknown on institution of legal proceedings. The general authorization to invoke the law somewhere else is not infringed by this regulation.
9.1. Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to (10)% of the purchase price (including VAT).
9.2. We shall not be liable, on whatever legal grounds, for damages which may not reasonably be foreseen, considering the type of the relevant order and product and assuming a normal use of the product. The foregoing limitations of liability shall not apply in cases of gross negligence or willful misconduct .
Right of Withdrawal
You can revoke your contractual statement in writing within 14 days without stating reasons (e.g. by letter, fax or e-mail) or, if you received the merchandise before the lapse of the above time limit, by sending it back. The time limit starts upon the receipt of this notice in writing, but not before the goods have reached the recipient (in the case of recurring deliveries of similar products not before you receive the first partial delivery) and also not before the fulfillment of our information obligation under Article 246.2 in conjunction with Article 1 par. 1 and 2 of the Introductory Statute to the German Civil Code, as well as our obligations under Article 312e.1.1 of the German Civil Code in conjunction with Article 246.3 of the Introductory Statute to the German Civil Code. The cancellation period will be deemed not to have been exceeded if the revocation or the goods are mailed in good time.
Please Address the revocation to:
DM International Trading e.K. | Owner: Dejan Milenkovic
Email: firstname.lastname@example.org Fax: +49 251-270 768 920
Consequences of revocation
In the case of an effective revocation, the mutually received performances must be returned and any derived profits (e.g. interest) must also be returned. If you cannot return to us the performance received, in part or in whole, or if you can only return it in worse condition, you are required to offer compensation of equal value. This does not apply when the deterioration of the goods occurred exclusively when examining them, as may have been possible in a retail shop. You can also avoid the obligation to pay compensation if the goods have been damaged through conventional usage, provided that you do not use the goods as if they were your property and refrain from doing anything which could reduce their value. Transportable goods should be sent back at your risk. Non-transportable goods will be collected from you. The obligations to reimburse payments must be fulfilled within 30 days. For you, the time limit begins with sending your cancellation or the goods, and for us upon the receipt thereof.