General Terms & Conditions
Any and all business conducted between Temporary Showroom, Kastanienallee 36a, 10435 Berlin, Germany – hereinafter referred to as the vendor – and the purchaser – hereinafter referred to as the buyer – shall solely be subject to the following terms and conditions, in accordance with the version published here at the time of purchase.
No deviation from these terms and conditions are recognised by the vendor unless expressly agreed to in written form.
2. Contractual Agreement
The presentation of any goods on the domain www.temporaryshowroom.com or www.temporaryshowroom.de by the vendor does not constitute a binding offer or agreement to enter into a sales contract with the buyer. The offer online solely constitutes a non-binding invitation to the buyer to submit an offer to buy the selected good from the vendor.
A non-binding offer to buy is submitted by the buyer on the site of the vendor by placing an order of the goods displayed in the online shop of the vendor through the use of the provided check-out system.
In order for an offer to be made, the following steps are taken by the buyer on the vendors site:
a) Initial selection of the offered goods by clicking on the item.
b) Initial selection of a size by clicking on the corresponding button "Size", if such an option is provided.
c) Addition of the goods to the buyers shopping cart provided by the vendor by clicking the "Add to Cart" option.
d) Review of the selected goods and sizes in the shopping cart by selecting the button "View Cart".
e) Proceeding to the shipping and payment process agreeing to the provided general terms and conditions, the right of contractual withdrawal and the data protection policy published by the vendor and by selecting the button "Checkout".
f) Provision of the relevant shipment and payment details, and entry of these by selecting the button "Proceed".
g) Final review of the shipment and payment details for the order.
h) Final legally binding submission of the selected order confirming an obligation and intent to pay by selecting the button "Confirm".
The vendor shall ensure that the buyer, when placing his or her order, is made awarethat the order implies an obligation to pay. If and when placing any order entails selecting a button or a similar function, the button or similar function shall be clearly labeled in an easily legible manner only with the words "Confirm", 'Proceed', 'Buy', or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the vendor. If the vendor has not complied with this subparagraph, the buyer shall not be bound by the contract or order.
The buyer shall be able to correct input errors at any time and at the latest before finally sending off the binding order by selecting the "Back" button of their internet browser in order to get back to the page where the details regarding the buyer were given and can be corrected accordingly. The buyer shall be able to cancel the order process at any time by shutting down the internet browser.
When the buyer places an order with the vendor, the buyer may receive a confirmation of the order via e-mail. This order confirmation email does not constitute an acceptance by the vendor of the offer to buy, but shall be merely seen as notification to the buyer, which confirms the receipt a purchase offer, and the scope of the purchase offer to the buyer.
An effective sales contract between the buyer and the vendor only takes effect when the buyer receives from the vendor an additional shipment confirmation from the vendor.
If the ordered goods cannot be delivered on time or at all, the vendor informs the buyer of this within reasonable time. If the ordered goods cannot be delivered within a 14 day timeframe from the time of purchase offer, the buyer may choose to wait for the ordered goods or decide to cancel the order.
If the goods cannot be delivered at all, the vendor may rescind from an order confirmation. A contract does not take effect in this case. Payments already rendered by the buyer will be reimbursed as soon as possible.
3. Right of withdrawal
The buyer can revoke the contractual agreement in writing via email to the address firstname.lastname@example.org within 14 days of the purchase without statement of reasons or if the customer receives the goods before the end of this period by returning the goods or cancelling.
The period begins upon receipt of this notification in writing, but not before the goods are received by the recipient and also not before fulfilment of the vendor's duties of information in accordance with Art. 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Act to the Civil Code ("EGBGB") as well as the vendor's duties according to § 312g (1) sentence 1 of the BGB in conjunction with Art. 246 § 3 EGBGB. The cancellation period is observed by the timely dispatch of said written withdrawal notice or a timely return of the goods to the vendor.
The notice of withdrawal must be sent to (address as required for a summons):
In the case of an effective revocation, any and all mutually received benefits and, if applicable, derived profits of the contract are to be returned to the respective party. If the buyer is not able to return goods or services received (e.g. benefits from usage) in whole or in part or only returns them in a deteriorated condition to the vendor, the buyer shall be obliged to make good the loss in value to the vendor in this respect. For the deterioration of the good and for derived profits, the buyer is only required to make good the loss in value, if the usage or the deterioration is due to a handling of the goods which went beyond the checking of initial product properties and functions. "Checking of initial product properties and functions" is understood to mean the testing and trying on of the individually received goods in a way which would be possible and usual in a store in order to assert fit and function by the buyer. Goods suitable for shipping via parcel post shall be sent back at the risk of the buyer. The buyer has to bear the regular costs of return, if the delivered goods correspond to the ordered goods. Otherwise the vendor will be liable for the costs of the return of the goods to the vendor.
Goods not suitable for shipping via parcel post shall be collected from the buyer by the vendor at the cost of the buyer. Obligations to reimburse payments must be discharged within 30 days. The period shall begin for the buyer when he sends his statement of revocation or the goods; for the vendor it shall begin with its receipt. The reimbursement is to follow via the original method of payment.
The right of revocation, unless otherwise provided, does not exist in the case of an order of goods, which are made or manufactured in accordance to specifications of the buyer or clearly are tailored to the personal needs of the buyer, or which are not suitable for a return due to their condition, or are easily perishable, or goods that have reached their expiration date after purchase by the buyer (§ 312d (4) no. 1 BGB), for the delivery of audio or video recordings or software, in cases where the delivered data carriers have been unsealed by the user (§ 312d (4) no. 2 BGB), delivery of newspapers, journals and magazines unless the user has made his contractual statement for the delivery of newspapers, journals and magazines over the telephone (§ 312d (4) no. 3 BGB).
4. Storage of the contract text
The vendor will always store the order with purchase intent provided by the buyer with the order data provided by the buyer.
The buyer can save and print the order and contract confirmation confirmed to him or her by the vendor by exporting the web content.
5. Conditions of payment
The buyer can pay for the order via the provided PayPal services or any advanced payment options provided by the vendor. Any alternate means of payment need to be agreed upon by the vendor expressly in written form.
6. Delivery / Shipping costs
Shipping of the ordered goods is performed by the vendor via the shipping methods provided to the buyer. The vendor retains the right to utilise alternate shipping methods.
The delivery of the goods will take place to the delivery address provided to the vendor by the buyer.
After order confirmation the delivery takes place:
- to a delivery address in Germany within 7 days of order
- to a delivery address in other European states within 14 days
- to a delivery address in other countries within 21 days.
The delivery timeframes are merely indicative guidelines provided by the vendors delivery providers and do not constitute binding delivery dates.
The buyer is responsible for the full payment of the delivery costs upon order placement.
All orders from outside the EU will be exempt from the 19% VAT leveraged in the EU.
Any additional fees and taxes that may apply through the import of goods into the purchasers chosen country of delivery are not the concern of Temporary Showroom and need to be paid by the payee who placed the order.
The shipments will be sent from Temporary Showroom's concept store location in Berlin or any alternate shipment points Temporary Showroom sees fit.
For deliveries to countries other than Germany, additional fees (tax, customs, import duties) may be levied by the local governing authorities. These further costs shall be borne by the buyer. Failure to pay these additional costs might result in the package being returned to vendor. All costs incurred in this case by the vendor for the package's return shipment will be deducted from the total amount refunded.
Items will be shipped from Berlin, Germany with official documentation declaring the exact total of all merchandise purchased in Euro currency, as well as the country of origin for each item.
All prices quoted in the online shop of the vendor include the statutory value added tax applicable at the time. These prices are subject to change and are not legally binding until the point of shipment of goods, at which point the vendor enters into a legally binding agreement with the buyer.
8. Reservation of proprietary rights
The goods remain the property of the vendor until the payment by the buyer is made in full to the vendor and received by the vendor.
9. Warranty rights / Costs for returning goods of withdrawal
The statutory warranty rights of the manufacturer shall be valid for all goods purchased on the vendors site.
If the buyer uses his right of withdrawal, he has to bear the costs of reconsignment, if the delivered goods correspond to the ordered goods. Buyers residing outside Germany always have to bear the costs of reconsignment.
11. Data protection
The vendor uses the customer's data in accordance with the data privacy statement exhibited in the 'Data Privacy' section of this website.
The contract language is English.
13. Applicable Law
The contractual relationship between the vendor and the buyer shall be governed by the law of the German Federal Republic to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. Excluded from this rule of law are the strict stipulations of the customer protection law of the buyers country, where the buyer has his or her habitual residence.
Place of jurisdiction for all disputes arising from the contractual relationship between the vendor and the buyer is the seat of the vendor, in as far as the buyer is a merchant, a legal person under public law or special fund under public law.
14. Retention Clause
Should one or more aspects of these general terms and conditions be or become invalid, this does not affect the validity of the remaining provisions of the general terms and conditions provided here.