legal

§ 1 General Information

The Alexander Brenninkmeijer GmbH & Co. KG, represented by its chief executive Mr. Alexander Brenninkmeijer, Metzstraße 28, back building, 81667 Munich, Germany (hereinafter referred to as “we” or “Clemens en August”), conducts via the internet address www.clemens-en-august.com (hereinafter “website”) an online shop that offers above all fashion articles. These general Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) are applied to all legal relationship between Clemens en August and the customer (“customer” or “purchaser”), who can be either consumer within the meaning of § 13 BGB (German Civil Code) (“consumer”) or entrepreneur within the meaning of § 14 BGB (German Civil Code) (“entrepreneur”) and who must in any case be of legal age. For all orders made by the customer via our website, and for our deliveries and services, only the following general terms and conditions are valid consisting in the relevant version when the order was made.

By clicking “Ich akzeptiere Ihre Allgemeinen Geschäftsbedingungen” (“I accept your general Terms and Conditions”) and by dispatching the completed purchase order form, the customer agrees and accepts the present general Terms and Conditions within the context of his or her order. Different terms and conditions suggested by the customer will not be accepted by us, unless we have agreed to this in writing.

(Please note that all contractual questions and details are subject to German law. The German version of AGB (general terms and conditions) is the only valid form; the English translation should only give you an idea but is not legally applicable. If you do not understand the German terms and conditions, please contact us and we’ll be happy to help you.)

§ 2 Important Details

1. Description

The articles offered at www.clemens-en-august.com are displayed on the internet site in the form of digital photographs of the real articles. However, Clemens en August does not have the ability to guarantee accurate conformity with reality regarding images and colours experienced by the customer as seen on his monitor due to differently adjusted screens, graphics and/or printers. Slight differences between the displayed and the real articles are not considered as fault.

2. Availability / Pricing Policy

We want to point out the possibility that the products presented on www.clemens-en-august.com might not be available anymore while you visit our website, and that the corresponding prices might have changed.

3. Refund Label

Every ordered article comes with a refund label attached to it. We advise you to be very cautious not to remove or damage the refund label when trying on the ordered article. We have the right to refuse returned articles if refund label is removed or damaged.

§ 3 Conclusion of Contract

1. Contract of Purchase

The mere presentation of our articles is no firm proposal within the meaning of § 145 BGB (German Civil Code), only by ordering an article the customer strikes up a firm proposal. A contract between the costumer and Clemens en August about the selected articles put into the shopping cart comes into existence by completing the purchase order form provided on our website and by dispatching this form with a click on “Absenden” (“dispatch”) button or by pressing enter (firm quotation of the purchaser) and eventually when the offer is accepted by us and thus the articles are being delivered.

Within our purchase order form, the purchaser accepts our general Terms and Conditions. Possible type errors in the order can be recognised by the customer before confirmation at checkout; they can be corrected anytime before dispatching order by using delete and change functions and by using the internet browser’s “back-function”. The prices at the time of the order are effective.

2. Order Confirmation

The automatically sent order confirmation to the customer after reception of his or her order with Clemens and August does not mean the offer of contract is being accepted yet.

3. Wording of Contract

We do not save any wording, thus it cannot be recalled after finishing the order transaction. Directly after dispatching, any order data can be printed. Either the page “Ihre Bestellung” (“Your Order”) or the email “Empfangsbestätigung” (“Confirmation of receipt”) can be used for printing. The customer can always consult these contract conditions by choosing the subcategory “AGB” (“general Terms and Conditions”) that can be reached from our cover page. This enables the customer to output the general Terms and Conditions onto a printer using the browser’s “print-function” or to save the relevant website locally.

4. Contract with Clemens en August

Contracts shall exclusively be concluded with Alexander Brenninkmeijer GmbH & Co. KG.

“Contractual language is German”

§ 4 HELP

The following information can be found under HELP:

Shipping & Delivery
Return of Items
Payment and Currencies
Data Protection

§ 5 Delivery and Shipping Costs

5.1 Delivery

Unless otherwise agreed, delivery is sent to the shipping address provided by the purchaser.

5.2 Pricing Policy

The prices stated on www.clemens-en-august.com at the time of the order are applicable. Those are gross prices; VAT included but excluding arising shipping charges according to Paragraph 5.5.

5.3 International Delivery

We currently ship to all countries named under section 5.5.

5.3.1 International Shipments on a DDP (Delivery Duty Paid) basis

The following countries will be delivered on a DDP (Delivery Duty Paid) basis, which means that all relevant sales taxes, import fees and customs duties are included in your purchase price.

Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary , Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Poland, Portugal, Romania, Slovakia, Slovenia, Spain Sweden, The Netherlands

5.3.2 International Shipments on a DDU ( Delivery Duty Unpaid) basis

If you wish to ship to a DDU (Delivery Duty Unpaid) destination, product prices displayed are exclusive of all taxes and duties. All additional taxes, import fees, and surcharges levied by destination countries are the responsibility of the customer. Please check back with your local customs house to find out if any additional charges will be applied to your order. Our shipping partner UPS/DHL takes responsibility for such charges and bills the recipient accordingly. We are unable to provide an estimate for these charges. We do not receive any money from customs or import fees. If you refuse to pay these charges, the shipment will automatically be returned to us at our expense. Please note that we than have to deduct any related charges from the refund of your original purchase.

Arab Emirates, Argentina, Australia, Bahrain, Belarus, Bosnia & Herzegovina, Brasil, Brunei, Canada, Chile, China, Croatia, Cyprus, Egypt, Greenland, Hong Kong, Iceland, India, Indonesia, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Macedonia, Malaysia, Malta, New Zealand, Norway, Oman, Philippines, Quatar, Russia, Saudi Arabia, Singapore, South Korea, Switzerland, Taiwan, Thailand, Ukraine, USA, Venezuela.

5.4 Logistics Service Provider

All of our deliveries are carried out by logistics service providers DHL and UPS. The terms and conditions of DHL and UPS are complimentarily applied and can be consulted under www.dhl.de and www.ups.com.

5.5 Shipping Costs

All shippings and deliveries will be carried out by DHL and UPS. Deliveries will be sent to billing or shipping address provided by you. DHL’s and UPS’s terms and conditions are being used and can be consulted on www.dhl.de and www.ups.com.

Delivery Costs

Courier Munich	14,00€	Same day delivery, if ordered by 3 p.m.

	Standard		Express
Germany	8,50€	1-2 business days	20,00€	Next business day

Österreich	9,00€	2-4 business days	70,00€	Next business day

Schweiz	30,00€	2-4 business days	100,00€	1-2 business days

Zone 1	15,00€	2-6 business days	85,00€	1-2 business days

Zone 2	25,00€	2-6 business days	100,00€	1-2 business days

Welt	40,00€	5-10 business days	180,00€	2-3 business days

Rest der Welt	45,00€	5-14 business days	200,00€	2-3 business days

Countries Zone 1

Belgium, Bulgaria, Denmark (except Faeroe Islands, Greenland), Estonia, Finland (except Åland Islands), France (except transoceanic territories and areas), Greece (except Mount Athos), Great Britain (except Channel Islands), Ireland, Italy (except Livigno and Campione d’Italia), Latvia, Lithuania, Luxembourg, Malta, Monaco, The Netherlands (except regions outside Europe), Portugal, Romania, Sweden, Spain (except Canary Islands, Ceuta and Melilla), Cyprus (except northern part)

Countries Zone 2

Åland Islands (Finland), Andorra, Albania, Belarus, Mount Athos (Greece), Bosnia and Herzegovina, Campione d’Italia (Italy), Ceuta (Spain), Faeroe Islands (Denmark), Iceland, Channel Islands (Great Britain), Greenland (Denmark), Canary Islands (Spain), Kosovo, Croatia, Liechtenstein, Livigno (Italy), Macedonia, Melilla (Spain), Moldova, Montenegro, Norway, Russian Federation, San Marino, Serbia, Turkey, Ukraine, Vatican City, Cyprus (northern part), Poland, Czech Republic, Hungary, Slovenia, Slovakia

Countries Zone 3

Egypt, Algeria, Armenia, Azerbaijan, Israel, Jordan, Canada, Kazakhstan, Lebanon, Libya, Morocco, Saint Pierre and Miquelon (France), Syria, Tunisia, United States of America

Countries Zone rest of world

All countries and regions that are not listed under Zone 1, 2 or 3.

Shipping to non-EU countries

Based on experience, shipping to dutiable countries takes 2 to 10 business days. Please note that we bear all costs concerning insurance and accompanying documents for the articles. Prices for the articles are quoted without value added tax (VAT) or customs duties, this also involves German VAT. Please note that DHL will charge separately all import sales taxes, customs duties, and handling costs individually for each country. Any inquiries concerning amount of taxes, fees and charges in your country should be directed via email to us: info@clemens-en-august.com. Please note that possible foreign bank charges will be covered by the customer.

Customs duties, import sales tax and DHL handling costs will not be refunded in case of return.

5.7. Special Mode of Shipment

If a special mode of shipment (e.g. express shipment) is required by the customer, he or she has to bear the costs for any additional expenses according to the valid price list of UPS. Transport risk is devolved from shipper to customer when goods are delivered, unless purchaser is consumer and the purchase is being treated as a sale of consumer goods.

§ 6 Payment

Purchase price and delivery costs for the ordered article can only be paid by credit card, Sofortüberweisung (sofortbanking, DIRECTeBanking), PAYPAL or payment in advance. If the ordered article is not available, we will immediately refund the amount of the payment made in advance or we will issue a payment to your credit card in the said amount. Please note that some banks may demand extra fees for transactions from abroad. This does not have anything to do with Clemens en August and has to be clarified with the particular bank.

6.1. Payment in Advance

We offer payment in advance for the following countries:

Arab Emirates, Argentina, Australia, Bahrain, Belgium, Bosnia and Herzegovina, Bulgaria, Brunei, Brazil, Chile, China, Denmark, Germany, England, Estonia, Finland, France, Greece, Hong Kong, India, Indonesia, Ireland, Iceland, Italy, Japan, Jordan, Canada, Qatar, Croatia, Kuwait, Latvia, Liechtenstein, Lithuania, Luxembourg, Malaysia, Malta, Macedonia, Monaco, The Netherlands, New Zealand, Norway, Oman, Philippines, Poland, Portugal, Russian Federation, Saudi Arabia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Singapore, South Korea, Taiwan, Thailand, Czech Republic, Hungary, United States of America, Cyprus, Egypt, Austria.

In the case of payment in advance, payment has to be made immediately after purchase order. Acceptance of contract and shipping will only be initiated after payment receipt. If we do not receive transfer of purchase price and shipping charges within 5 business days after ordering with Clemens en August, we reserve the right to cancel your order.

Alexander Brenninkmeijer GmbH & Co KG

Account number: 659 736 055

Bank code: 700 202 70

Hypovereinsbank München (Munich)

IBAN: DE 26 7002 0270 0659 7360 55

SWIFT (BIC): HYVEDEMMXXX

6.2. Credit Card

We accept the following credit cards: VISA, MASTERCARD

We offer credit card payment in the following countries:

Financial information during credit card transactions (card number, expiry date, etc.) will automatically be redirected as encrypted protocol, without allowing Clemens en August or any third party any access. This information will never again be used, except in the case of refund and possible return of articles. Please note that this is a direct withdrawal.

6.3. Online Security

Clemens en August uses SSL (Secure Socket Layer) security software. On the internet, this is an asymmetric method of encryption used to secure your credit card details during transaction and to protect them against tapping and manipulation. Thus it is impossible for unauthorized persons to have access to your data while it is transported via the internet.

6.4. Sofortüberweisung.de (sofortbanking.com)

We offer sofortüberweisungen.de (sofortbanking.com) in the following countries:

Germany, Austria.

When choosing Sofortüberweisung (sofortbanking) after your purchase order, you will be redirected to the payment page of Sofortüberweisung.de (sofortüberweisung.com). Please complete the information and enter your PIN and TAN numbers. With the service provider’s software, you will then be redirected to your own bank. It will directly show once the bank received the transfer. Transmission of sensitive data is done by a secure and SSL encrypted connection. PIN and TAN data are at no point stored or filed. When paying via Sofortüberweisung (sofortbanking), your purchase order will be immediately handled. For more information please visit www.sofortüberweisung.de (www.sofortbanking.com).

6.5 PAYPAL

We offer PAYPAL in the following countries:

With PayPal it is also possible to pay your purchase order using your credit card or per bank collection (debit entry). PayPal offers free buyer protection.

If you do not have a PayPal account yet, chose “Sie haben noch kein PayPal-Konto? => weiter” (“You don’t have a PayPal account? => continue”) in the course of processing your payment. Follow PayPal’s instruction. Done!

§ 7 Retention of Title

Clemens en August as the vendor of the merchandise retains title until the purchase price has been fully paid. If the buyer is in default of payment, Clemens en August has the right to retreat from the contract and to reclaim any delivered articles. The customer is committed to return the articles.

When subject to garnishment or any other intervention by third parties, the customer is committed to notify Clemens en August about those circumstances without delay.

§ 8 Warranty / Liability

8.1 Warranty

German statutory warranty right is in effect.

8.2 Product Description

Information, drawings, images, descriptions of weight, measure and service included in our pamphlets, catalogues, newsletters, advertisements or price lists do only serve your information. We assume no liability for accuracy.

8.3 Contact

You can contact Clemens en August from

Monday – Friday 9 a.m. – 6 p.m. (CET) phone: +49 89 163 990 20

email: info@clemens-en-august.com

§ 9 Return of Items

9.1 Right to Return

We want you to be happy with all our deliveries. If you are not satisfied with your purchase, the following right to return your items is valid for consumers within the EU: you can return all items without stating the reason within 14 days by sending them back to us. The termination period shall commence upon receipt of this notification in writing (e.g. letter, email, fax), however not before receipt of the goods by recipient (however, in the event of recurring delivery of similar goods, not before receipt of the first instalment thereof), and not prior to us fulfilling our information obligation pursuant to article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch, Introductory Act to the German Civil Code) as well as our obligation pursuant to § 312g paragraph 1 clause 1 BGB (Bürgerliches Gesetzbuch, German Civil Code) in conjunction with article 246 § 3 EGBGB (Einführungsgesetz zum Bürgerlichen Gesetzbuch, Introductory Act to the German Civil Code). In any case does return happen at the expense and the risk of us. Please send your parcel to:

Alexander Brenninkmeijer GmbH & Co KG

Clemens en August

Metzstraße 28 RGB (back building)

81667 Munich

Germany

9.2 Consequences of Return

In the event of a valid return, any services or products received, and any profit derived therefrom, shall be returned. If the item has been deteriorated and if due to amenity and advantage of using it cannot or only partially or only in deteriorated state be returned, you will be liable to pay compensation to us accordingly. This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the goods as for examination of their features and functionality. With “examination of their features and functionality” we understand testing and trying of the item as you would have been able to do and as is usual in a retail shop. Payments have to be refunded by the customer within 30 days from dispatch of the notice of withdrawal. The termination period shall commence for you after dispatching the parcel or your request of return, and for us with reception.

End of return instructions

If the items are used, worn, washed, damaged or if refund label is not anymore attached with the one-time seal, obligation for value replacement is up to 100% of purchase price.

9.3 How to Return

Please contact us at the following email address, when you want to return your shipment. shop@clemens-en-august.com

Please include your name, the billing number and the articles, which you want du return. We send you an return label within 1 business day. Place the return label on the package and follow these instructions.

DHL: Please bring the parcel to your nearest DHL service point.

UPS: Please contact UPS courier service to make an appointment for pickup using the following service number:

Country phone number

Argentina 0800 22 22 877

Australia 131 877

Bahrain 0973 17 22 31 23

Belgium 0782 50 877

Bosnia and Herzegovina 00 387 33 788 160

Brazil 0800 770 90 35

Brunei 673 22 42 401

Bulgaria 359 29 60 96

Chile 562 685 0700

China 800 820 8388

Germany 01805 882 663

Denmark 35 25 80 80

Estonia 00 372 666 4700

Finland 09 23 11 34 06

France 0821 233 877

Greece 00 30 210 99 84 000

Great Britain 08457 877 877

Greenland 0045 4323 8890

Hong Kong 852 2735 3535

India 1800 2271 71

Indonesia 6221 800 9339

Ireland 1890 99 55 00

Iceland 00 354 42 00 900

Italy 02 30 30 30 39

Japan 0120 27 10 40

Jordan 00 962 65 66 99 38

Canada 1800 742 5877

Qatar 00 0974 44 32 24 44

Croatia 0800 33 66 33

Kuwait 00 965 24 34 48 22

Latvia 00371 67 80 56 50

Lebanon 00961 12 18 575

Liechtenstein 0800 88 88 33

Lithuania 00370 37 35 05 05

Luxembourg 800 22 510

Malaysia 1800 1800 88

Malta 00356 21 80 59 01

Macedonia 389 23 13 22 22

Monaco 00356 21 80 59 01

New Zealand 0800 742 587

The Netherlands 0900 2255 877

Norway 800 33 470

Oman 00968 2468 3943

Philippines 632 853 333

Poland 48 22 534 00 00

Portugal 707 23 23 23

Romania 0040 21 2338877

Russian Federation 495 961 22 11

Saudi Arabia 01 244 2007

Sweden 020 788 799

Switzerland 0800 55 88 33

Singapore 1800 738 3388

Slovakia 00421 21 68 77

Slovenia 00386 42 81 12 00

Spain 902 88 88 20

South Korea 1588 68 86

Taiwan 0800 365 868

Thailand 6627 62 33 00

Czech Republic 00420 800 181 111

Ukraine 044 280 00 00

Hungary 0640 98 98 98

Venezuela 582 126 200 691

United Arab Emirates 800 4774

Belarus 375 17 227 2233

Cyprus 00357 22 45 33 11

Egypt 00202 24 14 14 56

Austria 0810 00 66 30

It is very important that you provide the full pickup address. Time and date of pickup can be coordinated with UPS.

Please fully complete enclosed return documents.

We are not responsible for any damages or lost parcels if you have not used the enclosed return label. We do not bear the expenses if you chose to send your parcel with a different parcel service.

9.4 Deadline for Returning Goods and Repayment Period

Please note that between receipt of your return and transaction of your refund 10 – 14 days may pass. The time of refund depends on the particular credit card. Usually payment will be refunded within 2 bank account statements. If addressee of products and purchaser of items are not the same person, debited sum will always be refunded to purchaser and credit card owner.

§ 10 Final Clause

10.1 Valid Law

This agreement is construed in accordance with and subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN-Kaufrecht, CISG).

10.2 Jurisdiction

If the customer is a merchant, a body corporate organised under public law or a special fund under German law, any dispute arising from the contractual relationship will be dealt with in Munich as this is the sole jurisdiction.

10.3 Ineffective General Terms and Conditions

Should a regulation of these terms and conditions be or become ineffective, effectiveness of all other regulations or agreements shall not be affected. Instead of the ineffective regulations, the relevant statutory provisions shall be applied.