Terms & Conditions
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. The purchase agreement comes about when we accept your order by an order confirmation e-mail immediately after receiving your order. If your product is not available at the moment, we will inform you via e-mail. Payments already made will be refunded to you.
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. For delivery and shipping costs, please refer to the shipping information page.
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 .
Alternative Dispute Resolution (ODR)
Resident consumers within the European Union are able to do an online settlement of disputes. Please use the link above to get to the online dispute resolution platform of the European Union (ODR platform) to make your inquiry of your settlement.
Right of Withdrawal
You have the right to revoke this contract within a period of 14 days without stating any reasons for your revocation. The time period of 14 days begins with the day you or a third party, who is not the carrier of the goods, receives the goods and takes possession of said goods. To make use of your right of cancellation you have to inform
DM International Trading e.K. | Owner: Dejan Milenkovic
Phone.: 0251-270 768 90
Fax: 0251-270 768 920
about your decision to revoke the contract via an explicit and clear explanation (i.e.: a letter, fax or email). For this, you can use the attached document (sample document for the revocation), however this is not mandatory. The revocation period shall be deemed observed if a notice of revocation is given within this period.
Consequences of a cancellation
If you cancel this contract, we are obliged to refund all payments we have received from you, including any payments for shipping (with the exception of additional costs, resulting from you choosing a different method of transportation than the offered, low priced standard shipping). The payments have to be refunded immediately and have to be made no later than 14 days upon receiving your notice of cancellation of this contract.
For the refund, we will apply the same method of refunding that has been used for the transaction, unless we have specifically made other arrangements with you; under no circumstances will you have to pay any fees for this refund. We can refuse a refund until we have received the goods or until you have provided proof that you have sent and returned the said goods, depending on which of the two occurs first. You have to send or deliver the goods to us immediately and no later than 14 days after you have noticed us of your cancellation of this contract. The period shall be deemed observed if you ship the goods before the end of the 14-day-period. We will pay the costs for the return of the goods (within the European union). You will only have to pay for any possible depreciation of the goods, if this depreciation cannot be the result of an examination of quality, properties and function of the goods made by you, but if it is the result of an unnecessary treatment by you.
Special note: The right of cancellation does not apply for distance selling contracts that include the delivery of non pre-fabricated goods, for which individual choices or determinations of the customer are significant or which are distinctively and especially customized according to the customers needs and wishes.
Form for the cancellation of a contract
(If you wish to cancel he contract, please fill in this form and send it back to us.)
DM International Trading e.K. | Owner: Dejan Milenkovic
Phone: +49 251-270 768 90
Fax: +49 251-270 768 920
I/we (*) hereby cancel the contract to buy the following goods(*) /the supply of the following service(s) (*), which I/we have concluded before.
Goods (*)/the supply of the following service(s) (*)
Ordered on (*)/Received on (*)
Customer’s signature (applies only, if sent as written letter)
(*)Please delete where inapplicable.