Terms of service

 

of Jen Gilpin, Torstrasse 161, 10115 Berlin-Germany, E-Mail: info@dstm.co

 

1. Terms and Conditions

These terms and conditions apply to the purchase and sale of products via the website www.dstm.co
(run by Mrs. Jen Gilpin hereafter referred to as ‘DSTM’ ‘we’ ‘us’ ‘our’).

 

By placing an order the customer (hereafter referred to as ‘you’ or ‘customer’) agrees to these terms and conditions so please make sure to read and fully understand them before placing any order.

 

They should be reviewed before each purchase since DSTM reserves the right to change these terms and conditions at any time.

 

Please also carefully read through our Privacy Policy before placing an order on our website.

 

 

2. Placing an order & Payment

2.1 The range of products in the catalogues and on the website of DSTM is non-binding.

 

2.2 With your order, you submit a binding offer for the conclusion of a purchase contract. After receiving your order we will send you an e-mail confirmation about the receipt of your order. The confirmation and possible status reports subsequently sent by us do not represent any acceptance of the offer. We have the right to accept or decline your order for any reason at any time after receiving your order. In case of order cancellation we will immediately issue a refund and notify you.

 

2.3 The contract for the sale of any product between you and us comes into effect upon receipt of the declaration of acceptance. The dispatch of the ordered goods and the confirmation of the dispatch to the customer, express the declaration of acceptance by us.

 

2.4 By placing an order, you confirm that the payment details are correct and that you are entitled to make the payment using them. You confirm that when we process your order the amount will be fully charged with your chosen payment method.

 

2.5 Payments can be made by credit card and Paypal as offered at check out.

2.6 Any agreements will be made in English language.

 

 

3. Prices

3.1 All prices are inclusive of the German VAT at the current rate and are exclusive of shipping & handling costs, which are stated separately in the order and are the customers responsibility.

 

3.2 We try to be as accurate as possible with descriptions and prices on our website. However mistakes in information and prices as well as changes in pricing of products (due to changing market conditions, manufacturer price changes, supplier price changes and other circumstances) can occur.

 

3.3 If you purchased an item that was incorrectly priced we will contact you asking if you would like to proceed with the order at the correct price or if you would prefer to cancel your order.

 

 

4. Shipping & Handling Costs

The amount of our Shipping & Handling costs come together as following

  • Using a trustworthy and traceable shipping company

  • Price adjust to amount of items to cover costs for larger and heavier shipment

  • Processing the order and packing each item carefully. All purchases come beautifully wrapped in a box

 

 

5. Delivery

5.1 We try to dispatch all orders within 48 hours of receiving the order. Orders that are placed on the weekend or holidays will be dispatched on the first upcoming work day.

 

 5.2 The order will be send to the stated delivery address. Which requires a valid address and phone number. Changes in the delivery address cannot be applied afterwards.

 

5.3 Shipping times are generally

within Europe

  • within Germany 3-4 days

  • Germany Express 1-2 days

  • within Europe 3-6 days

  • Europe Express 2-4 days

outside of Europe

  • Worldwide 6-12 days

  • Worldwide Express 4-8 days

 

The exact delivery times depend on

  • type of shipment

  • holidays/weekend (days stated above is only counting in work days)

  • customs (Worldwide / outside of Europe)

  • availability of receiver, please leave a reachable phone number for the delivery service to contact you in case of problems with the delivery

 

You will automatically be informed by email when the order has left and the tracking information for your shipment is available.

 

As you are a consumer according to § 13 German Civil Code (BGB) you are entitled to cancel the order or make changes free of charge at all times before delivery, unless otherwise expressly agreed between you and us.

 

5.4 Please note that all shipments outside the European Union may go through customs once they arrive at the destination country. The additional charges for customs clearance are the responsibility of the recipient.

 

 

6. Right of Withdrawal

If you are a consumer, the following instructions on withdrawal apply.

 

6.1 Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day on which you or a third party (indicated by you and other than the carrier) acquire physical possession of the goods.

 

If you wish to withdraw from this contract, you must inform us by e-mail at office@dstm.co with an unequivocal statement of your decision.

 

You can use the attached model of the withdrawal form.

to
DSTM
Jen Gilpin
Torstrasse 161
10115 Berlin
Germany
e-mail: office@dstm.co

 

  • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

  • Ordered on (*)/received on (*)

  • Name of consumer(s)

  • Address of consumer(s)

  • Date

(*) Delete as appropriate

 

To meet the withdrawal deadline, it is important to inform us early enough (before the withdrawal period has expired) about your intent to withdraw from the contract.

 

6.2 Effects of withdrawal

If you withdraw from this contract, we will refund to you all payments received from you (not including the costs of delivery) without delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

 

The refund will be made using the same payment method as you used for the initial transaction unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund. We may withhold the refund until we received the goods back, making sure they are in perfect condition.

 

You have to send back the goods or bring them to us in our boutique, without undue delay and in any event not later than 14 days from the day on which you informed us about your decision to withdraw from the contract.

 

When shipping back to return, the deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the shipping cost of returning the goods.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

6.3 Withdrawal from outside of the EU

Any package that is sent into or out of the EU passes through customs and therefore requires an invoice, which describes the contents of the package and their exact value.

 

When a return is being sent back to us from outside of the EU, it must be declared as a return and a copy of the invoice (stating the exact value of the goods) must be included inside the package alongside the goods. The value of the declared return should match the invoice exactly.

 

 

7. Exchange & Repair

7.1 Manufacturing faults

Each of our pieces is carefully quality controlled, however, it can occur that something was missed. In case of manufacturing faults, please contact us immediately after you received your purchase and we will exchange or repair the piece.

 

7.2 Tear and Wear

Damage from normal tear and wear or uncareful treatment are the responsibility of the customer.

 

7.3 Repairs

We know our fabrics and pieces by heart and know what they can take and what was maybe just a bit too much.

But even if you might have been a bit uncareful and your piece is damaged, we will gladly assist you with repairs when possible.

 

7.4 Please also look at our Love & Care Guide LOVE & CARE

 

 

8. Liability

8.1 Under statutory provisions we will be liable for all damages of a customer that are caused

  • wilfully or with gross negligence

  • the consequence of the absence of a guaranteed condition of the delivered goods

  • caused by a culpable breach of an essential contractual obligation (so-called Cardinal Duty, see Section 8.2)

  • the consequence of a culpable infringement of health, body or life, or under the legal requirements that are provided for by the German Product Liability Law (Produkthaftungsgesetz).

 

8.2 Cardinal duties are contractual obligations the contractual partner may trust in the fulfillment (in not fulfilling, due performance of the contract would not be possible), and whose infringement on the other side endangers the achievement of the purpose of the contract.

 

8.3 Our liability is restricted to damage that is typically foreseeable in connection with contracts such as the one present. To the extent, the damage is based on slight negligence only and does not affect health, body, or life. Any claims for lost profits shall be excluded.

 

8.4 Our liability (the liability of our vicarious agents or of the persons employed by us) in the performance of our obligations under these Terms and Conditions, shall be excluded for whatever reason.

 

 

9. Exclusion of set-off

The customer is not entitled to a set-off. The exclusion of set-off shall not apply if the counter-claims are not disputed by us if they are declared final and absolute or are ready for a decision.

 

 

10.Data protection

Please read our Privacy Policy.

 

 

11.Legal information concerning the contents of the websites

The content of our website www.dstm.co may only be used for providing information to the customer for their own requirements. Any use of the contents in excess of this or a link with the contents for commercial purposes is not permitted.

 

This applies irrespective of the legal capability of protection in particular for watermarks and other marks of DSTM, for images, product descriptions, product data, and other product information.

 

 

12.Final Provisions

12.1 The laws of the Federal Republic of Germany shall apply exclusively to this agreement. The applicability of the UN Sales Convention and the German International Private Law is excluded. If the customer is a consumer, the mandatory consumer protection provisions, which apply in the state in which the customer has his customary place of residence, are also applicable insofar as these offer further protection to the customer. 

 

12.2 If the customer is a merchant, a legal entity under public law or special fund under public law the exclusive judicial venue for all claims arising from the contractual relationship is Berlin.