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General Terms and Conditions of Business

GTC – General Terms and Conditions § 1 Scope and Provider§ 2 Offers§ 3 Conclusion of Contract § 4 Prices § 5 Shipping Costs § 6 Terms of Delivery § 7 Terms of Payment § 8 Retention of Title § 9 Cancellation Policy § 10 Transport Damages § 11 Warranty § 12 Liability § 13 Final Provisions § 1 Scope and ProviderThese terms and conditions apply to all orders that individuals make through the online store DARCODE.Avda.Touroperador Neckermann 24 35-100 San Bartolomé de Tirajana, Las Palmas EspañaPhone +34625284203, Email: contacto@darcode.es § 2.1 Offers are binding according to quantity, price and delivery time according to the information given in the written offer. § 2.2 Obvious writing and arithmetic errors are not binding. § 3 Conclusion of contract § 3.1 The product presentations in the online shop does not constitute a legally binding offer, but rather a non-binding online offer. Catalog dar.Gewisse Pr Products on the screen may differ in color from the original. By clicking the button [Complete order] you place a binding order of the goods contained in the shopping cart. The sale of our products is only for private use in customary quantities. § 3.2 The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending by automated e-mail. With this e-mail confirmation the purchase contract is concluded. § 3.3 Should our order confirmation contain typographical or printing errors or should our pricing be based on technical reasons, we are entitled to contest, whereby we must prove our mistake. Already made payments will be reimbursed immediately. § 3.4 Orders based on customer inquiries and any written offers made by us are subject to the following provisions. § 3.4.1 Orders placed by the customer on the basis of written offers are binding on us only insofar as we have made them within 60 days by written order confirmation or delivery. Thereafter, the order shall be deemed rejected. § 3.4.2 Commitments made by our employees, which deviate from our price lists or other terms of payment and delivery, require the express written confirmation in order to be valid. § 3.4.3 We reserve the right, individually according to individual case §3.4.4 If parts of the order are not deliverable by us, the order is limited to the remaining partial deliveries. A withdrawal from the contract by the client is excluded, unless the client has previously informed in writing that a partial delivery of the order has no interest for him. Additional deliveries and services are invoiced separately. § 4 Prices§ 4.1 The prices stated on the product pages include the statutory 7% VAT and other price components and exclude shipping costs. § 4.2 Discounts are only granted in writing, unless they are § 5 Shipping costs § 5.1 For the delivery within Germany we charge: § 5.1.1 Flat rate 7.90 EUR per order when shipping via Deutsche Post.§ 5.1.2 Flat 12.00 EUR per order when shipping via Correos. Within the European Union and in Switzerland we charge: § 5.2.1 Flat rate 15.00 EUR per order when shipping via Correos or DHL.§ 6 Terms of delivery and self-supply § 6.1 Delivery takes place within Germany and the European Union and Switzerland with Correos, DHL or any other parcel service.§ 6.2 The delivery time 10-20 days for goods which are individually tailored, embroidered and 5-7 working days for all other goods. § 6.3 If not all ordered products are in stock, we are in part deliveries at our expense as far as this is reasonable for you. If we are not supplied by our supplier without own fault, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or you do not wish to receive a comparable product, we will refund any consideration already paid to you immediately. § 7 Terms of Payment § 7.1 Payment is made in advance. Payment by credit card is possible via the PayPal payment system or Stripe. Payment by invoice will only be granted to existing customers or upon presentation of appropriate securities

§ 7.2 If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 7 days. § 7.3 If you are in default of payment, the purchase price shall be charged during the default in the amount of 5% above the base interest rate. We reserve the right to prove and assert a higher damage caused by default. § 7.4 You are only entitled to set-off if your counterclaims are legally established by a court or undisputed or have been acknowledged in writing by us. § 7.5 You can only exercise a right of retention insofar as the claims result from the same contractual relationship. § 8 Retention of titleThe goods remain our property until full payment. Prior to the transfer of ownership, pledging, transferring, processing or redesigning is not permitted without our consent. § 9.1 Right of revocationYou can submit your contract declaration in writing within two weeks without giving reasons (eg letter, e-mail) or – if you the thing is left before deadline – revoked by returning the thing. The period begins after receipt of this instruction in writing, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before the receipt of the first partial delivery) and not before fulfillment of our information obligations in accordance with § 312c Abs. 2 BGB in conjunction with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient. The revocation must be sent to: Store DARCODE Avda.Touroperador Neckermann 24 35-100 Maspalomas, Las Palmas Gran Canaria España Email: contacto@darcode.es The right of revocation does not exist for the delivery of goods made to customer specifications Pre-order Products.§ 9.2 Consequences of Revocation In the case of an effective revocation, the mutually received benefits shall be returned and any benefits (eg interest) that have been deducted. If you can not give us back the received performance in whole or in part or only in a deteriorated condition, you have to pay us compensation for the value. With the release of things this does not apply if the deterioration of the thing solely on their examination – as it would have been possible for you in the store – is due. Incidentally, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as your own property and refraining from doing anything that impairs its value. Transportable items are to be returned at our risk. You have to bear the costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 40 euros or if you at a higher price of the thing at the time of the revocation still not the consideration or a contract agreed partial payment. Otherwise, the return is free for you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt. End of the revocation instruction §9.3 Custom-made products Custom-made items are: custom-made sizes, clothing and colors, as well as specially tailored for the customer. As well as on pre-order products, discount promotions. Custom-made products are generally excluded from the exchange and return policy. The garment is manufactured according to the body measurements taken at the time of the order. The customer is expressly pointed out that he is responsible for necessary changes due to figurative changes that have occurred and that he is responsible for them. § 10 Transport Damage
§ 10.1 If goods are delivered with obvious transport damage, please complain such errors immediately to the deliverer, and please contact us as soon as possible. § 10.2 The failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or the transport insurance company. § 11 Warranty § 11.1 The warranty is provided in accordance with the statutory provisions. For all defects occurring during the legal warranty period of one year from delivery, you have the legal right to supplementary performance (at your discretion: removal of defects or replacement) and – if the legal prerequisites – the legal rights to reduction or withdrawal as well as damages. You must give us a total of two remedial attempts if you have not previously set us a reasonable grace period that has expired inconclusively. If the type of supplementary performance desired by you is only possible with disproportionate costs, your claim is limited to the other type of supplementary performance. § 11.2 We do not assume any liability for damages and defects resulting from improper use, operation and storage, negligent or incorrect care and Maintenance, overuse or improper repair by an unauthorized service partner. §11.3 We do not assume any liability for different colors that may arise from the illustration on the screen. § 11.4 If you require a repair or replacement of a defective product, please send please return the product. § 12 LiabilityWe exclude our liability for slightly negligent breaches of duty, as far as they do not concern essential contractual obligations, damages from injury to life, limb or health or guarantees or claims under the Product Liability Act are touched. The same applies to breaches of duty on the part of our vicarious agents. § 13 Final provisions § 13.1 Should any provision of these General Terms and Conditions be ineffective, the remainder of the contract remains valid. The ineffective provision shall be subject to the relevant statutory provisions. § 13.2 Spanish law shall apply.

DARCODE Avda.Touroperador Neckermann 24 35-100 Maspalomas, Las Palmas España