Welcome to THE CODE!
Scope of Application and Provider
- The General Terms and Conditions (hereinafter referred to as “GTC”) govern the sale of products by THE CODE Berlin GmbH (hereinafter referred to as the “Provider”) to you in their current version at the time of ordering.
- Deviating terms and conditions of the purchaser are rejected.
- Please read these terms and conditions carefully before placing an order with THE CODE Berlin GmbH. By placing an order with THE CODE Berlin GmbH, you agree to the application of these sales conditions to your order.
- On THE CODE, we offer you the sale of the following products:
THE CODE Berlin sells clothing & accessories
Conclusion of the Contract
- Contracts on this portal can only be concluded in German.
- The offers are exclusively aimed at end customers with an invoice and delivery address in:
For individual bulky goods, the possible delivery addresses and place of delivery may be restricted; the restriction is indicated in the respective list price.
- The purchaser must have reached the age of 18.
- The presentation of the goods in the online shop does not constitute a legally binding offer. By presenting the goods, the customer is merely asked to make an offer.
- Your order constitutes an offer to THE CODE to conclude a purchase contract. The purchaser makes a binding offer if he/she has completed the online ordering process by entering the information requested there and clicks the “buy” button in the final ordering step.
- The purchase contract between the provider and the purchaser only comes into effect through an acceptance declaration by the provider. This occurs at the earlier of the two dates, either the dispatch of the goods or the dispatch of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute an acceptance declaration in the aforementioned sense.
- The validity of contracts for quantities larger than household quantities and the commercial resale of the purchased item require the express confirmation of the provider. This applies both to the number of products ordered within the scope of an order and to the placing of multiple orders for the same product, in which the individual orders comprise a household quantity.
- Your orders will be stored by us after the conclusion of the contract. If you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
- You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in your customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. Further information on electronic invoices can be found on our website.
Prices and Shipping Costs
- Our prices include the respective applicable value-added tax and are understood to include a flat-rate shipping fee and a shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
- Despite our best efforts, a small number of products in our catalog may be incorrectly priced. We will check the prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you want to buy the product at the correct price or cancel your order. If the correct price of a product is lower than the price we stated, we will charge you the lower amount and send you the product.
- The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
Delivery and Cancellation
- Unless otherwise agreed, delivery will be made to the delivery address specified by the purchaser. On the website, you will find information on the availability of products sold by THE CODE (e.g., on the respective product detail page). Please note that all information on the availability, shipping, or delivery of a product is only approximate and approximate values unless expressly specified as a binding deadline in the shipping options of the respective product.
- If THE CODE determines during the processing of your order that products ordered by you are not available, you will be notified separately by email or message in your customer account. The purchaser’s statutory rights remain unaffected.
- If delivery to the purchaser is not possible because the delivered goods do not fit through the entrance door, front door, or staircase of the purchaser, or because the purchaser is not found at the delivery address provided by him, although the delivery time was announced to the purchaser with reasonable notice, the purchaser shall bear the costs for the unsuccessful delivery.
- Delivery is made depending on the customer’s payment method. With advance payment, delivery is made after the payment order has been issued to the transferring credit institution. With payment by Paypal, credit card, gift card, direct debit, Sofortüberweisung, or invoice, delivery is made after the conclusion of the contract.
- If your order is shipped in more than one package, it may happen that you receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us for each shipping confirmation regarding the products listed in the respective shipping confirmation. The contracting party is THE CODE Berlin GmbH. Regardless of your right of withdrawal, you can cancel your order for a product at any time free of charge before the associated shipping confirmation is sent.
- If you order products from THE CODE for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional fees for customs clearance must be borne by you; we have no control over these fees. Customs regulations vary widely from country to country, so you should contact your local customs office for more information.
- Furthermore, please note that when ordering from THE CODE, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us, and we would like to inform our international customers that cross-border deliveries are subject to opening and inspection by customs authorities. For further information, please read our customs information.
THECODE.SHOP uses the collected data for various purposes:
• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues
Transfer of Data
- The purchaser can pay for the goods by the following payment methods:
• Credit card
- Certain payment methods may be excluded by the provider on an individual basis.
- The purchaser is not permitted to pay for the goods by sending cash or checks.
- If the purchaser chooses an online payment method, the purchaser authorizes the provider to collect the due amounts at the time of the order.
- If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser must transfer the invoice amount to the provider’s account within five calendar days of receiving the order. The provider reserves the goods accordingly for five calendar days.
- If the provider offers payment by credit card and the purchaser chooses this payment method, the purchaser expressly authorizes the provider to collect the due amounts after partial deliveries or deliveries of goods have been shipped.
- If the provider offers payment by direct debit and the buyer chooses this method of payment, the buyer grants the provider a SEPA basic mandate. If there is a reversal of a payment transaction due to lack of sufficient funds in the account or due to incorrectly transmitted bank details when paying by direct debit, the buyer shall bear the costs.
- If the provider offers payment in advance and the buyer chooses this method of payment, the buyer undertakes to pay the invoice amount within 14 days after shipment of the goods, without any deduction of discount.
- If the buyer is in default with the payment, the provider reserves the right to claim for damages caused by delay.
Offsetting and Right of Retention
- The customer is only entitled to offset if their counterclaim has been legally established or is undisputed by the provider.
- The customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
Retention of Title
THE CODE Berlin GmbH reserves the right of ownership of the goods until full payment has been received.
- If the customer receives goods with obvious transport damage, the provider requests that they report this as soon as possible.
- If the customer fails to make a complaint, this has no consequences for their statutory warranty rights. The complaint is intended to allow the provider to assert their own claims against the carrier.
- If the customer is a consumer, the warranty and liability for defects of the delivered item shall be governed by statutory provisions: Customers in the European Union have warranty rights for a period of two years from delivery of the goods in addition to their 30-day return guarantee and can demand repair or replacement of products purchased from THE CODE if they are found to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, the customer can demand a refund or reduction in the purchase price.
- In the case of used goods, the warranty period may be shorter than two years.
- If the customer is not a consumer, the defect shall be remedied by replacement delivery or new performance.
- If the customer is not a consumer, the limitation period is one year. This applies unless claims for damages and expenses are made for the replacement of damage in relation to body and health or for intentional or grossly negligent conduct.
Limitation of Liability (Products)
- The provider is liable for damages claims of the customer resulting from the violation of life, body, health, or from the violation of essential contractual obligations, as well as for other damages resulting from their intentional or grossly negligent breach of duty or that of their legal representatives or vicarious agents.
- Essential contractual obligations are those whose fulfillment is necessary for the achievement of the purpose of the contract.
- The provider is liable for violations of essential contractual obligations that are based on contract-typical, foreseeable damages, provided that the damage was caused by simple negligence. This limitation does not apply to damages claims of the customer resulting from the violation of life, body, or health.
- The provisions of the Product Liability Act remain unaffected.
- To the extent that the liability of THE CODE is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
1:If the customer is a consumer, they have a right of cancellation in accordance with the following provisions:
- Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, take possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods ordered in a single order or the delivery of goods in several part shipments or pieces) without stating any reasons.
To exercise your right of cancellation, you must inform us:
THE CODE Berlin GmbH
Köpenickerstrasse 79, 10179, Berlin
Phone: +49 30 28669251
Email: [email protected]
of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post, fax or email).
To comply with the cancellation period, it is sufficient for you to send the notice of exercise of the right of cancellation before the end of the cancellation period and to return the goods to us via our online returns center within the period defined below.
2: Consequences of cancellation
If you cancel this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than 14 days from the day on which we received notice of your cancellation of this contract. We will use the same means of payment for this refund as you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than 14 days from the day on which you inform us of the cancellation of this contract at:
THE CODE Berlin GmbH
Köpenickerstrasse 79, 10179, Berlin
Email: [email protected]
hase contract is concluded, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
Exclusion of the Right of Withdrawal
- The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer for the delivery of perishable goods or goods whose expiry date would quickly be exceeded
- The right of withdrawal expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their sealing has been removed after delivery for the delivery of goods if they have been mixed with other goods after delivery due to their nature for the delivery of sound or video recordings or computer software in sealed packaging if the sealing has been removed after delivery.
- If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We undertake not to disclose any data to third parties unless you have previously consented.
- We would like to point out that the transmission of data over the Internet (e.g. by email) may involve security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be completely guaranteed. In this regard, our liability is excluded.
- Third parties are not entitled to use contact data for commercial activities unless the provider has obtained written consent from the persons concerned beforehand.
- You have the right to obtain information from THE CODE about the data stock concerning you at any time and free of charge.
- Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
- We would like to point out that some of these cookies are transferred from our server to your computer system, usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive again at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
- You can object to the storage of cookies by using a banner that is available to you for objection/acceptance.
- Of course, you can also configure your browser so that no cookies are stored on the hard drive or so that cookies already stored are deleted. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
- The contract language is English.
- We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use THE CODE with the involvement of a parent or legal guardian.
- If you violate these terms and we do not take action against it, we are still entitled to use our rights at any other occasion where you violate these sales conditions.
- We reserve the right to make changes to our website, rules, conditions, including these terms and conditions, at any time. Each order shall be subject to the sales conditions, contractual conditions and terms and conditions that are in effect at the time of your order, unless a change to these conditions is required by law or by order of a regulatory authority (in which case they shall also apply to orders you have previously placed). If any provision of these sales conditions is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- The invalidity of a provision does not affect the validity of the other provisions of the contract. In the event of such invalidity, the provision shall be replaced by another legally permissible provision that corresponds to the purpose and intention of the invalid provision.
Angaben gemäß § 5 TMG
THE CODE Berlin GmbH
Köpenickerstrasse 79 10179 Berlin
Handelsregister: HRB 219911
Registergericht: Amtsgericht Charlottenburg
Telefon: +49 (0) 3028669251
E-Mail: [email protected]
Umsatzsteuer-Identifikationsnummer gemäß § 27 a
Köpenickerstrasse 79, 10179, Berlin
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