Terms and Conditions

1. Contractual scope

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. Conclusion of contract, withdrawal and returns policy

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 

acceptance.     

2.2. Information about withdrawal and returns policy and ensuing legal effects

The customer may withdraw his / her contractual declaration within 14 days in writing (e.g.

letter, e-mail, fax) without stating reasons or, should the goods have been received prior 

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
10781 Berlin

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.

3. Delivery

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.

 

4. Prices, shipping costs, method of payment

4.1. Prices

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

www.dascapemaedchen.com.

4.3. Method of payment

For the method of payment the information given on the website www.dascapemaedchen.com

is applicable.

5. Set-off, right of retention

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.

6. Retention of title

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

the contract.

 

7. Warrently claims

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.

8. Court of jurisdiction and applicable law

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.

 

9. Other Provisions

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.