The business relations between dascapemädchen and the consumer (customer) are governed
exclusively by the following general terms and conditions in the version valid at the point of order.
2.1. Conclusion of contract
The offers of dascapemädchen in the online shop are not binding.
Through placing an order in the online shop the customer is making a binding offer for the
purchase of the relevant product. dascapemädchen may accept the offer until conclusion of
the third working day following the day the order was placed.
After receipt of the offer, dascapemädchen will immediately send the customer an
acknowledgment of receipt of the offer which does not constitute an acceptance of the offer.
The offer is only accepted by us once we declare the acceptance of the offer to the customer
(via email) or once we ship the goods. The contract of purchase is only constituted with our
The customer may withdraw his / her contractual declaration within 14 days in writing (e.g.
2.2. Information about withdrawal and returns policy and ensuing legal effects
to expiration of this period, by returning the goods. The withdrawal period for the right to
return/withdraw starts upon the receipt of this withdrawal and returns policy in written form,
but not prior to receipt of the goods by the customer and not prior to fulfilling the information
duties according to § 246 para. 2 BGB in connection with § 1 para 1 and 1 EGBGB.
To meet the withdrawal deadline, it is sufficient to send the communication of withdrawal
or the goods or the request of return before the withdrawal period has expired.
Informationspflichten gemäß § 246 Abs.2 BGB iVm § 1 Abs.1 und 1 EGBGB.
The withdrawal declaration or the return of the goods or the request for return of the goods
are to be sent to:
das cape mädchen
Starnberger Straße 4
In the case of an effective withdrawal respectively an effective return, all mutually received
benefits are to be returned and if so, derived profits (e.g. benefits of use, interest) are to be
returned. Should the customer not be able to return the received goods or return them only
in a deteriorated condition, he/she will have to pay compensation. This does not apply should
the deterioration in condition be attributable exclusively to the inspection of the goods - such
as would have been possible for the customer in a physical shop. Furthermore the customer
may avoid the duty to pay compensation for deterioration of condition due to a foreseen use
by not treating the goods as his property and omitting any acts which could impact their value.
Goods that may be shipped by parcel are to be returned at the cost and risk of dascapemädchen.
Obligations with regards to the refund of payments must performed within 30 days. The period
commences for the customer with the sending of the declaration of withdrawal or the shipping
of the goods, for dascapemädchen the period commences with the receipt of the former.
2.3. Exclusion of right to withdraw and return
There is no right to withdraw for contracts concerning the delivery of goods that were
specifically manufactured for the customer, or for which the production is based on an
individual choice or selection by the customer, or which are obviously tailored to the
specific needs of the customer, i.e. the desired application of initials on capes or other
pieces of clothing.
Unless agreed otherwise, goods from the storage of dascapemädchen are delivered to the
delivery address provided by the customer. Should dascapemädchen after conclusion of the
contract (see §2) without fault on its part not be able to deliver the ordered goods, e.g.
because the supplier of dascapemädchen has not fulfilled his /her contractual obligations,
dascapemädchen will have the right to withdraw from the contract. In this case
dascapemädchen will inform the customer without delay that the ordered product is not
available. The statutory rights of the customer shall remain unaffected. Should a delivery
to the customer be impossible, i.e. because the customer can not be found at the delivery
address provided, the costs for the unsuccessful delivery are to be borne by the customer.
The applicable prices are those stated on the website www.dascapemaedchen.com at the
time of the order.
4.2. Shipping costs
The shipping costs charged to the customer are different for deliveries inside Germany
andfor those abroad. The current shipping costs can be found on the website
4.3. Method of payment
For the method of payment the information given on the website www.dascapemaedchen.com
A party shall only have the right to set-off if his/her counterclaims have been established
by final court judgement or if they have been undisputed by the other party or acknowledged
in written form. Furthermore the party shall only be permitted to exercise the right of
retention in so far as his/her counterclaim is based on the same contractual relation.
dascapemädchen retains title to the delivered goods until full payment is received.
Prior to full payment, the customer shall only be permitted to any type of disposition over
the goods with the express consent of dascapemädchen. Should the customer fall into arrears
over the payment of the purchase price, dascapemädchen will be entitled to withdraw from
If the purchased goods have a defect, the statutory rights apply. If the defect is cured
by means of the delivery of a replacement product, the customer is obliged to return the
defective goods to dascapemädchen at the cost of dascapemädchen without delay and prior
to delivery of the replacement product. The return of the defective goods shall be executed
in accordance with the statutory provisions of §§ 439 para.4, 346 to 348 BGB.
In so far as permitted by law, the court of jurisdiction shall be Berlin.
For the contractual relationship between dascapemädchen and the customer and all claims
resulting therefrom, the law of the Federal Republic of Germany shall be applicable with the
exclusion of the UN law for international sales.
References to the validity of statutory provisions are only included for the purpose of
clarification. Even without such clarifications the statutory provisions apply, unless they are
directly amended or expressly excluded in these general terms and conditions. Verbal ancillary
agreements made prior to or at the time of conclusion of contract are deemed not to exist or
to be invalid. Should a provision of these general terms and conditions be partially or fully
ineffective, void or unenforceable, this will not affect the legal validity of the remaining
provisions. The ineffective, void or unenforceable provision shall be replaced by an effective
provision that would have been agreed upon in good faith and as permitted by law by the
contractual parties, if the ineffectiveness, invalidity or unenforceability had been known to
them. The same shall apply in case of a legal gap in the general terms and conditions.