Allgemeine Geschäftsbedingungen

Terms and Conditions

1 General

1. Cream della Cream Switzerland GmbH, located at Via Pietro Capelli 18, 6900 Lugano in Switzerland and of which Mr Philipp P. Plein, vip@philipp-plein.com, is the chief executive (hereafter referred to as "Cream della Cream Switzerland GmbH" or "we"), operates an online shop under the Internet address www.philipp-plein.com (hereafter referred to as “the Website"). All orders you place through this Website and our deliveries and services are subject solely to the version of the following Standard Terms and Conditions currently in force at the time of the order. Unless we have consented in writing to their application, we do not recognise any differing terms and conditions of the customer.

2.Only consumers may place orders with the online shop. Dealers or intermediaries are expressly not permitted to purchase. Goods will only be sold to consumers in quantities and ranges customarily purchased by consumers.

 

2 Right to return the goods

1. You may return the goods received within two weeks, without giving any reasons, simply by sending them back. This period will begin on the day after you receive the goods and this information on returning goods, but not before our information requirements in accordance with § 312g section 1 sentence 1 of the German Civil Code in conjunction with article 246 § 3 of the Introductory Law to the Civil Code have been fulfilled. Only goods not suitable for packaging (e.g. awkwardly-shaped goods) may also be returned by a written demand, e.g. by letter, fax or e-mail, to take the goods back. This deadline will have been met, provided that the goods are sent off in time. All goods are returned at our expense and at our risk.

We request that within the European Union and Switzerland the demand to return the goods should be submitted in writing,e.g. by letter, fax or e-mail. Cream della Cream Switzerland GmbH will then arrange for UPS to pick up the goods directly, unless the goods are sent to us immediately without a prior request to return them.

A request to return the goods must be sent to:

Cream della Cream Switzerland GmbH

Via Pietro Capelli 18

6900 Lugano

Switzerland

vip@philipp-plein.com

 

The goods must be sent to:

ITG GmbH Logistik

Plein

Eichenstrasse 11

Gate 1

85445 Schwaig

Germany

2. You will find all documents that might be helpful to you in returning the goods in the original delivery. The goods must be returned to our warehouse in Germany, NOT to Switzerland.  You will be required to pay any costs incurred, such as customs duty, return postage etc., should the goods be wrongly addressed.

3. Costs cannot be reimbursed until Cream della Cream Switzerland GmbH has received back the customer’s complete order with all tags remaining in original condition and original packaging.

 

3 Consequences of return

1. Should the goods be properly returned, both parties are required to return any services received or use provided (e.g. benefits of use).  Should you be unable or only partly able to return or restore the services or use received (e.g. benefits of use) or only in a worsened condition, you will be required to compensate us for their value. You will only be required to compensate us for deterioration or refund the value acquired through use should this use or deterioration be due to treatment that goes beyond an inspection of the product’s qualities and how it works. You will not be required to compensate us for deterioration resulting from simply putting the product to use in the correct manner. You must only refund the value acquired through use if you have used the product in a manner that goes beyond an inspection of the product’s qualities and how it works. “An inspection of the product’s qualities and how it works” covers testing and trying out the goods in question, as is possible and customary, for example, in a shop.

Obligations to make payments must be fulfilled within 30 days. This period begins for you when you return the goods or request that they may be returned and for us when they are received.

2. Your credit card will be charged when the goods are dispatched. The card will be credited if the goods are returned, possible currency exchange losses will however not be refunded.

3. Please refer to our Service Team by e-mail under vip@philipp-plein.com should you have any questions.

 

 

4 Formation of the contract

1. A contract between you and Cream della Cream Switzerland GmbH will not exist until we have dispatched the goods ordered to you. You will have submitted a binding offer to us to conclude the contract with you by transmitting an order to us entered on our website. We will carry out the order once you have entered all the data requested during the ordering process and finally confirmed the order by pressing the button “Please order and charge me”.

2. Cream della Cream Switzerland GmbH is entitled to reject your order without providing any reason.

 

5 Important information 

1. The goods offered under www.philipp-plein.com are presented in the form of digital photographs of the actual products. Minor differences between this presentation and how the goods really appear do not constitute a defect in the goods ordered.

2. We would like to draw your attention to the fact that products shown on www.philipp-plein.com may no longer be available or obtainable at the time of the customer’s visit and that the relevant prices might have changed. The prices offered are shown in Euro, including value added tax but excluding shipping costs.

3. The customer consents to a possible part-shipment by Cream della Cream Switzerland GmbH by entering the order.

 

6 Delivery and dispatch

1. The goods will be delivered solely by UPS. Cream della Cream Switzerland GmbH will bear the risk of transport to the customer.

2. The goods will approximately be ready for shipment on the day following your order. Unless anything different is agreed, the delivery will be made from the warehouse to the delivery address given by the customer. Please note that the customer will be charged with all import taxes, customs duties and handling charges that are different in each country.

 

7 Payment, payment arrears

Cream della Cream Switzerland GmbH can offer the customer five payment methods (depending on the coutry):

PayPal, Klarna (invoice to be paid within 14 days, only available in DE, AT, NL), Sofortüberweisung/iDeal, cash on delivery or credit card.

The customer will be required to pay any transfer costs or bank charges incurred.

Any credit notes for returned goods that were paid for in cash on delivery will be transferred back to your bank account. We therefore ask you to provide us with the relevant bank account details when requesting a return. All other payments will be reimbursed with the relevant method of payment (PayPal, credit card).

Procedure when paying by credit card:

Cream della Cream Switzerland GmbH has a security encoding for data with SSL connection (Secure Socket Layer). This method of encoding protects your credit card data against eavesdropping and manipulation during transmission. It is therefore impossible for unauthorised persons to read this data during transmission in the Internet. The goods will be delivered as soon as the bank or credit card company has confirmed that payment has been made.

We accept the following credit cards: Visa Card and Master Card.

With the exception of counter-claims that are undisputed or have been established in law, a right to withhold or to refuse service on the part of the buyer is excluded in relations between businesspeople.

 

8 Reservation of title

Goods delivered will remain the property of Cream della Cream Switzerland GmbH until completely paid for.

 

9 Warranty

The provisions of the Law on Warranty will apply.

 

10 Data protection

Cream della Cream Switzerland GmbH will store and process all customer data solely in accordance with the relevant laws on data protection. In particular, personal data will only be recorded and stored in order to process an order for goods or, should you have given your express consent, also used for marketing measures by Cream della Cream Switzerland GmbH, such as for example in distributing newsletters.  We will not keep personal data any longer than is necessary. We will not forward personal data to third parties. Excluded from this provision are Cream della Cream Switzerland GmbH’s service partners that require transmission of the data in order to process the order. In such cases, however, the amount of data transmitted will be limited to the required minimum.

 

11 Choice of law, validity

Only German law, to the exclusion of UN purchase law, will apply. Should one or more provisions be or become invalid, this will not affect the validity of the remaining provisions.

 

Last amended on 01 / 14

B2B Terms

1. General/Validity

1. The below Terms and Conditions apply to any delivery transaction of the Seller. The Buyer placing the order constitutes the Buyer's legally binding acceptance of the Terms and Conditions.

2. Any contrary General Terms and Conditions from the Buyer only become part of the Agreement if the Seller has or will accept them in writing (i.e. not by silence). The Seller objects to any contradicting Terms and Conditions of the Buyer unless those have been or will be accepted in writing.

2. Agreement conclusion

1. All Seller's offers are subject to change.

2. The prices are net prices to which statutory value added tax is added. Furthermore, the Buyer will be charged the costs for packaging, freight, expenses such as customs duties and other shipment costs. Special surcharges shall be charged for individual and customized orders.

3. Any verbal information and agreements, especially with the Seller's field office, sales representatives or employees in the showrooms require explicit written confirmation by the Seller in order to become binding for the Seller. 4. Redispositioning within the framework of a placed order is only permitted by written mutual agreement.

3. Delivery and Delivery Time

1. The Seller is entitled to make partial deliveries. The Buyer agrees to unsorted partial deliveries provided that the subsequent delivery is delivered within the agreed upon delivery period after receipt of the respective partial deliveries.

2. The Seller will never conclude sales that are to be performed at a fixed point in time. The specified delivery times are estimates that only express approximate delivery times. If, in individual cases, a delivery time has been agreed upon in writing it is considered fulfilled if the goods that are to be delivered have been dispatched at the deadline or if the Buyer has been informed of the readiness for dispatch in those cases in which the Buyer is to pick the goods up.

3. Force majeure and other extraordinary events that are outside the Seller's influence and which make the delivery within the arranged delivery period significantly more difficult or impossible, e.g. strike, sickness, disturbances in the business operations of the pre-suppliers, extend the delivery time by the duration of the interference. The Seller shall inform the Buyer immediately once such events occur, as soon as the Seller determines that they will impact the delivery time. At the same time, the Seller specifies the estimated duration of a required extension of the delivery period. In these cases of non-availability, the Seller is entitled to withdraw from the Agreement if it has not yet been fulfilled. The Seller shall immediately after becoming aware of the non-availability notify the Buyer if it intends to withdraw from the Agreement.

4. If the Seller is late with a delivery, it shall be granted an additional 18 days to deliver. After unsuccessful expiry of these additional days to deliver, the Buyer is entitled to withdraw from the Agreement only, and limited to the portion of the delivery obligation that has not yet been fulfilled, if the Buyer informs the Seller in writing upon occurrence of the delivery delay that it will reject fulfilment of the Agreement after unsuccessful expiry of additional days to deliver of at least 18 days. In this case, the Buyer may only request compensation for non-fulfilment instead of exercising the right to withdraw if the Seller or its vicarious agents have intentionally or through gross negligence caused the delivery delay. In exceptional cases, in the event of a partial delivery delay caused by the Seller, the Buyer is entitled under the aforementioned conditions to withdraw from the entire Agreement or request compensation due to non-fulfilment of the entire delivery obligation if the partial fulfilment of the Agreement is of no interest for the Buyer by applying strict assessment criteria.

4. Shipping and Transfer of Risks

1. The goods shall be delivered from the Seller's warehouse. Place of fulfilment for all services under the Supply Agreement is the location of the Seller's warehouse.

2. The Buyer bears the shipping costs including all incidental expenses, such as packaging and customs duties.

3. With the transfer of the goods to the Buyer, forwarding agent or freight carrier or any other individual or establishment who has been commissioned to carry out the shipment, however no later than at the time of leaving the warehouse, risks are transferred to the Buyer. The Seller is only liable for defects regarding the packaging of the goods, its shipment or the choice of the transportation means or route of transport if the Seller or its vicarious agents have acted intentionally or grossly negligent.

4. The Seller is only obligated to effect a transport insurance if the Buyer specifically requests it. The costs shall be borne by the Buyer

5. If shipment of goods is delayed for a reason that is not the Seller's responsibility, risk is already transferred to the Buyer at the time of notification of shipment readiness. In this case, the Seller is entitled to store the delivery item at the Buyer's expense and risk at the Seller's own discretion and request immediate payment of the invoice amount.

6. If the Buyer does not accept shipped goods or does not accept them on time, the Buyer must bear any resulting additional transportation costs and incurring storage costs. The Seller will charge those separately.

5. Warranty

1. The Buyer is obligated to thoroughly check the goods immediately upon receipt. The Buyer must inform the Seller in writing of any deficiencies and complaints within no later than 10 days after receipt. Evidence in the form of photos of the deficiencies and complaints must be provided by the Seller who is a businessman/businesswoman as defined by Section 14 of the German Civil Code (BGB) and processing of the complaint must be carried out by using the online complaints program that has been set up by the Seller.

2. Warranty rights do not exist if the Buyer carries out or causes modifications to the delivered goods or has tolerated modifications by third parties.

3. Customary deviations and/or minor and/or technically unavoidable deviations in the quality, colour, weight and dimensions of the design do not entitle to claims and do not result in warranty claims unless compliance has been explicitly agreed upon.

4. In the event of material damage, the Seller is entitled to improvement or delivering replacement goods that are free of defects within two weeks after receiving the returned goods. Returning goods is only allowed if the Seller has agreed to it. If the Seller chooses improvement or replacement delivery and if this fails, the Buyer may request at its choice that the purchase price is reduced or withdraw from the Agreement with respect to the goods for which the improvement or replacement delivery has failed.

5. The Buyer may exercise the right of retention of the purchase price that it owes due to possible material defects or incompleteness only with regard to the partial amount which it would owe for the deficient or missing parts during proper delivery. Any withholding of payments to the Seller that exceed the aforementioned entitles the Seller to refuse fulfilment of its warranty obligation until receipt of such payments.

6. For new delivery items, the period of limitation for claims is one year from the date of the transfer of risks. The statutory periods in accordance with Section 478 of the German Civil Code (BGB) shall remain unaffected.

7. If a Buyer's claim proves to be unjustified, the Buyer shall bear the shipping costs for returning the goods. In addition, the Buyer shall bear an administrative fee of Euro 5.00 for each item which the Seller invoices for when returning the goods if the Buyer cannot provide evidence that the incurred costs where less than the charged flat rate.

6. Liability

1. Buyer claims, especially for compensation or lost profit are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller or its statutory representative or its vicarious agents.

2. If the Seller is liable to pay compensation even in cases of common negligence based on particular agreements or obligatory legal provisions, the amount of the compensation that is to be paid by the Seller is limited to a maximum of 100% of the delivery value and the damage which the Seller should specifically have anticipated at the time of the Agreement conclusion, by considering all circumstances that were known at this point in time as possible results of the contract breach or other actions that obligate to pay compensation. In the event of a delay, the compensation is furthermore limited to a maximum of 0.5% of the delivery value for each completed week of the delay.

7. Terms of Payment/Set-Off Prohibition

1. The invoice is issued on the day of delivery or provision of the goods. Any postponement of the invoice value date is excluded unless agreed to otherwise.

2. 30% of the invoice amount is due upon receipt of the confirmation of the order prior to the start of production; the remaining amount is due upon delivery in the form of cash or bank-certified cheque. Any payment terms that deviate from the aforementioned require written confirmation by the Seller.

3. The Seller does not grant any cash discount deduction.

4. Any costs that incur as a result of accepting bills of exchange or cheques, especially discount charges and interest shall be borne by the Buyer.

5. In the event of delayed payments, the Seller is entitled, without special announcement or giving notice, to charge interest on arrears in the amount of 8 percentage points above the respective base interest rate, however no less than 12% p.a. For each payment reminder, the Seller is entitled to an arrears fee of Euro 5.00.

6. Furthermore, in the event of delayed payments, all other outstanding amounts receivable - including from bills of exchange - are immediately due, regardless of their due date. The Seller is furthermore entitled to withdraw from all ongoing agreements, cease deliveries, make them dependent on the provision of securities or to only deliver on the basis of cash on delivery.

7. In the event of delayed payments, the Seller is entitled to remove any items subject to retention of title even without withdrawing from the Agreement and even if partial payments have been made. All costs incurred due to the removal of items shall be borne by the Buyer. The goods that were taken back shall be offset against the outstanding amount at the current market value, subject to proof of a significantly lower decrease in value by the Buyer.

8. Offsetting of Buyer's amounts receivable against Seller's amounts receivable is excluded unless the Buyer's amounts receivable are undisputed or have been determined as legally binding.

8. Retention of Title

1. Delivery of the goods is subject to retention of title in accordance with Section 449 of the German Civil Code (BGB) with the following expansions:

a) The delivered goods remain the Seller's property until complete payment of all amounts receivable and secondary claims from other and future transactions with the Seller (expanded current account retention). The Buyer may only sell the goods within the framework of its ordinary business operations.

b) The Buyer is not entitled to give away, pledge or transfer items subject to retention of title as a security.

c) If the Buyer does not fulfil its obligations towards the Seller or not on time or if the Buyer affects the items that have been delivered subject to retention of title in an unauthorised manner, regardless of the entitlement for fulfilment of the Agreement, the Seller may request return of the items if the Buyer has not fulfilled its obligation within a reasonable time period that shall be granted by the Seller. Once the Buyer has fulfilled the Agreement, the Seller must return the items. The above regulation does not apply to instalment purchase transactions. The right of retention may not be exercised against the entitlement for return of the items. The authorisation to sell delivered items may be revoked under the same conditions.

2. The Seller is obligated to release securities it is entitled to, to the extent that they exceed the value of secured Seller's amounts receivable by 20%.

3. The Buyer must immediately inform the Seller if any third parties access the Seller's property, items of joint ownership, claims that have been assigned to the Seller or Seller's right (garnishment, confiscation or other order); otherwise the Buyer is liable for damages.

9. Contractual Penalty

1. The Buyer is obligated to solely offer the goods for sale, display, sell them, etc. in the retail shop which it specifies as the delivery address in the order.

2. The Buyer is obligated to refrain from giving away, selling or making goods that have been sold to it to commercial resellers or making them otherwise accessible to them.

3. The Buyer is obligated to refrain from offering, selling or otherwise advertising for goods that have been purchased from the Seller on the Internet or other sales platforms outside of its retail shop that it has specified to the Seller during ordering

4. The Buyer assures that the information regarding its trader status which it made during ordering is accurate.

5. The Buyer is obligated to pay contractual penalty in the amount of Euro 5,001.00 to the Seller if the Buyer breaches any of the aforementioned reassurances and/or obligations. The Buyer shall not raise the defence of continuation of offence.

10. Exchange

1. Goods cannot be exchanged.

2. If, in exceptional cases, the Seller agrees to an exchange, the Buyer shall pay an administrative fee in the amount of 10% of the net value of the exchanged goods, plus the incurring postage and packaging costs. The Buyer is entitled to provide evidence that significantly lower costs than this flat rate incur. After return of the exchanged goods, the goods are checked by the Seller to determine whether the items are fault-free and new. If this is the case, the Seller shall issue a credit note in the amount of the net value of the returned goods to the Buyer which may be deducted from an invoice resulting from an additional order / additional orders that is / are placed by the Buyer with the Seller. The credit note amount shall never be paid out.

11. Exclusivity

1. The Seller does not provide any exclusivity promises.

2. If, in exceptional cases, an exclusivity promise is made by the Seller it shall apply exclusively and only if this has been confirmed in writing by the Seller.

12. Other Provisions

The Buyer's rights under the contract of purchase may not be transferred.

13. Place of Jurisdiction

If both parties are business people, the place of jurisdiction is in Nuremberg, Germany. The same applies to bills of exchange and cheque claims.

14. Applicable Law

The law of Germany excluding any conflicts of law shall exclusively apply. This law is also decisive for determining the question as to whether the Buyer has agreed to the validity of these General Terms and Conditions at the time of Agreement conclusion or at a later point in time.

15. Legal Validity

Any, even partial, invalidity of individual aforementioned provisions shall not affect the validity of the remaining provisions.