Conditions

By clicking and placing my order I herewith confirm that I have been specially informed and notified of the provisions included in the General Terms and Conditions of BusinessPunks.

Last updated: May 24, 2017 – Munich, Germany


Content in alphabetical order, use “(to the top)” with each text to get back to the menu.


Ownership Of Site, Agreement To Terms Of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the BusinessPunks web site located at BusinessPunks.com, its affiliated businesses, and BusinessPunks sites around the world (collectively, the “Site”). The Site is the property of BusinessPunks UG. (“BusinessPunks”) and its licensors.

By using the site, you agree to these terms of use; if you do not agree, do not use the site.

BusinessPunks reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BusinessPunks grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. (to the top)


Conlusion And Validity Of A Contract

The offer of products is non-binding; as a customer you submit a binding order to buy by clicking the order button as the last step of the ordering process. This order to buy is accepted automatically by way of a confirmation e-mail (“order acknowledgement”). If “cash in advance” has been agreed, we are authorized to request you to pay by a bank transfer within ten working days. The text of the Contract is included in the acknowledgement mail and is also filed in the system of BusinessPunks. You can see the status in your customer account on BusinessPunks.com.

(to the top)


Payment

Your purchase order will be processed once the value of the order has been fully paid and the amount payable received in our account. If the credit card payment mode is chosen, the amount payable is debited directly from your credit card.

(to the top)


Products, Prices And Delivery

The prices of all products are inclusive of the german tax.

Delivery of the products are delivered to shipping address which is specified by the customer. The delivery of products is taking the countries into account which BusinessPunks exclusively delivers to. The delivery of the products is at the risk of BusinessPunks.

Our custom made products are normally shipped within 4-6 weeks. The express option allows you to get the customized item within 2 weeks already. The delivery time can not be guaranteed. When there are questions in regards to measurements, an ordered fabric is not available, the finished product has failed quality control or other unforeseen events occur then the delivery time may be longer. We do everything in our power to deliver quickly.

(to the top)


Right Of Cancellation And Its Consequences

You may cancel the contract concluded by you within two (2) weeks without stating any reasons, either in wording (e.g. by letter or e-mail info@businesspunks.com) or, if the product is surrendered to you before expiry of the time limit, by returning the product. The time limit commences upon receipt of this information pursuant to Article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB and § 312g Abs. 1 Satz 1 BGB in connection with Article 246 § 3 EGBGB in the german law, but not before receipt of the product by the addressee or – in the event of repeat deliveries of similar products – not before receipt of the first part shipment, and not before we have performed our information obligations. The time limit is observed when the cancellation is received or the product is returned in good time before its expiry, addressed to BusinessPunks UG, Christoph-Rapparini-Bogen 18, 80639 Munich, Germany.

For a cancellation to be effective, either side must return the performance (product or payment) received. If you fail to return the product or return it in a deteriorated condition, you need to pay an adequate compensation. This does not apply for the surrender of goods if the deterioration of the product can be attributed solely to the inspection thereof in a manner similar to inspecting a product personally in the shop. Otherwise, you can avoid payment of a compensation for any deterioration caused by using the product as intended by not using such product as if it were your property and refraining from anything that might impair its value. Products that can be returned as parcels must be returned at our cost and risk. Payment obligations must be met within thirty (30) days. For you, the time limit starts upon sending your cancellation note or the product; for us, it starts upon its receipt.

(to the top)


Important Notice

Under the right of cancellation section of the german consumer protection law individually produced products (such as, for instance, custom-made shirts, custom-made blouses, custom-made suits and custom-made boxer shorts) are excluded from the right of cancellation!

(to the top)


Allowances

Products made by BusinessPunks are always tailored in accordance with the measurements and sizes specified by you. If you have selected body measurements, your shirts, blouses and suits are matched to the fit chosen by you. If you select measurements taken from an existing piece of apparel, the dimensions of your new piece should match those of your old piece, assumed your measurements were correct. However, we cannot warrant that the two pieces will be identical in the run of the seams and design. Please note that adjustments in size of up to 2-3 % may be necessary. We do not guarantee that the pieces ordered by you from the standard sizes of our tables will offer a perfect fit. For this reason we recommend that you use personal measurements, both body measurements and measurements taken from an existing piece. We make every effort to continually improve the quality and design of our pieces and our web page. For this reason pieces ordered at different times may be slightly different from each other. Pieces made from different batches of fabric may vary in their shading, due to normal variations in the dyeing process. If other problems than those outlined here should occur we will make every effort to remedy them as soon as possible as we wish to render the best possible service to you.

(to the top)


Customer Account Credits

No credit on your customer account will be paid out in cash or transferred to any third party.

(to the top)


Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to BusinessPunks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BusinessPunks’ express prior written consent.

If you want to do something together with us, do it together with us. We are always happy to think of new ideas and cooperations or anything, so simply e-mail us toinfo@businesspunks.com

Our lawyer really loves his job!

(to the top)


Your Use Of The Site?

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BusinessPunks reserves the right to bar any such activity – remember from above, our lawyer, he is so ambitious – better get in touch with us before you do anything wrong.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BusinessPunks on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BusinessPunks server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BusinessPunks’ systems or networks, or any systems or networks connected to the Site or to BusinessPunks.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BusinessPunks, including any BusinessPunks Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BusinessPunks or others.

(to the top)


Purchases; Other Terms And Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

BusinessPunks’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

BusinessPunks may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and BusinessPunks makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

(to the top)


Accounts, Passwords & Security

Certain features or services offered on or through the Site may require you to open an Account (including setting up an BusinessPunks username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify BusinessPunks immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BusinessPunks or any other user of or visitor to the Site due to someone else using your BusinessPunks username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s BusinessPunks username, password or account at any time without the express permission and consent of the holder of that BusinessPunks ID, password or account. BusinessPunks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

(to the top)


Privacy

BusinessPunks’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view BusinessPunks’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions in general are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

(to the top)


Links To Other Sites And To The BusinessPunks.com Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BusinessPunks’ control, and BusinessPunks is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

(to the top)


Disclaimer

BusinessPunks does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. BusinessPunks cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. BusinessPunks disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. BusinessPunks disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any BusinessPunks services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against BusinessPunks for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

BusinessPunks reserves the right to do any of the following, at any time, without notice:

  1. to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
  2. to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
  3. to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

(to the top)


Limitation Of Liability

Except where prohibited by law, in no event will BusinessPunks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BusinessPunks has been advised of the possibility of such damages.

(to the top)


Indemnity

You agree to indemnify and hold BusinessPunks, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BusinessPunks by any third party due to or arising out of or in connection with your use of the Site.

(to the top)


Violation Of These Terms Of Use

BusinessPunks may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BusinessPunks’ rights or property, or the rights or property of visitors to or users of the Site, including BusinessPunks’ customers. BusinessPunks reserves the right at all times to disclose any information that BusinessPunks deems necessary to comply with any applicable law, regulation, legal process or governmental request. BusinessPunks also may disclose your information when BusinessPunks determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that BusinessPunks may preserve any transmittal or communication by you with BusinessPunks through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BusinessPunks determines that such preservation or disclosure is reasonably necessary to

  1. comply with legal process
  2. enforce these Terms of Use
  3. respond to claims that any such data violates the rights of others
  4. protect the rights, property or personal safety of BusinessPunks, its employees, users of or visitors to the Site, and the public.

You agree that BusinessPunks may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BusinessPunks, for which monetary damages would be inadequate, and you consent to BusinessPunks obtaining any injunctive or equitable relief that BusinessPunks deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BusinessPunks may have at law or in equity.

You agree that BusinessPunks may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

  1. requests by law enforcement or other government agencies
  2. a request by you (self-initiated account deletions)
  3. discontinuance or material modification of the Site or any service offered on or through the Site
  4. unexpected technical issues or problems.

If BusinessPunks does take any legal action against you as a result of your violation of these Terms of Use, BusinessPunks will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BusinessPunks. You agree that BusinessPunks will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

(to the top)


Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Germany and by the laws of the province of Bavaria without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the city and provincial courts in City of Munich, Bavaria in Germany and waive any objection to such jurisdiction or venue. The preceding provision regarding venue applies to any customer. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between BusinessPunks and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Applicability of the UN Sales Convention shall be explicitly excluded

(to the top)


Void Where Prohibited

BusinessPunks administers and operates the BusinessPunks.com Site from its location in Munich, Germany; other BusinessPunks sites may be administered and operated from various locations outside of Germany. BusinessPunks reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Germany, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

(to the top)


Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation German export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and BusinessPunks with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and BusinessPunks with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with BusinessPunks, BusinessPunks will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. BusinessPunks’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by BusinessPunks of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between BusinessPunks and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

(to the top)


 

Your Feedback

If you have any comments or questions about this Policy or your personal information, please send your comments by e-mail to info@businesspunks.com.

The information contained in this website (BusinessPunks.com) and all related sub-domains are subject to change without notice.

(c) COPYRIGHT 2012 BusinessPunks UG (TRADEMARK). All rights reserved. BusinessPunks UG, Christoph-Rapparini-Bogen 18, 80639 Munich, Germany

(to the top)