Terms of service
OVERVIEW
This website is operated by The Leather Project. Throughout the site, the terms “we”, “us” and “our” refer to The Leather Project. The Leather Project offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
1. SCOPE AND CONTRACTING PARTY
1.1 These Terms and Conditions apply to all contracts concluded through the online shop of The Leather Project between us and our customers.
1.2 Your contracting party is:
The Leather Project
Owner: Hannes-Torben Döll
Bahnhofstraße 2
12159 Berlin
Germany
Email: info@theleather-project.com
Phone: [TO BE COMPLETED: TELEPHONE NUMBER]
Further details required by law are set out in our Imprint / Legal Notice.
1.3 A "consumer" means any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). A "business customer" (Unternehmer) means a natural or legal person or a partnership with legal capacity acting in the exercise of their trade, business or profession when entering into the contract (Section 14 BGB).
1.4 Deviating terms of the customer do not form part of the contract unless we expressly agree to them in writing.
1.5 The contract can be concluded in English only. The contract language is English.
2. CONCLUSION OF THE CONTRACT
2.1 The presentation of products in our online shop does not constitute a legally binding offer. It is an invitation to you to place an order.
2.2 The technical steps leading to the conclusion of the contract are as follows: you select the items you wish to buy and add them to your shopping cart; you enter your delivery and billing details; you select a shipping method and a payment method; you are then shown a summary page containing all order details, the total price including VAT, and any shipping costs. You may review and correct all of your entries at any stage before submitting the order, using the correction, back and delete functions of your browser and of the checkout, and by editing or emptying your shopping cart.
2.3 By clicking the button that completes the ordering process and is labelled with words indicating an obligation to pay, you submit a binding offer to purchase the items contained in your shopping cart.
2.4 The purchase contract is concluded when we send you an order confirmation by email. That order confirmation constitutes our acceptance of your offer. It is sent automatically after your order has been placed and is separate from any subsequent dispatch notification.
2.5 All items in our shop are unique second-hand pieces and are available in a quantity of one. If, exceptionally, an item you have ordered is no longer available, or is found on inspection before dispatch to be unfit for dispatch in the condition described, we will inform you without undue delay and refund any The Leather Project · TERMS AND CONDITIONS payment already received in full and without delay. Your statutory rights remain unaffected.
2.6 We may decline an order before the contract is concluded, or rescind a concluded contract, only in the following cases:
(a) the item ordered is no longer available;
(b) on inspection before dispatch, the item is found to be damaged or otherwise unfit for dispatch in the condition described;
(c) the price or an essential characteristic shown in the listing was manifestly incorrect and the error was recognisable to you (Section 119(1) BGB);
(d) we are legally prevented from supplying the item to your delivery address. In each case we will inform you without undue delay and refund any payment received in full within 14 days.
2.7 We store the text of the contract and send it to you together with these Terms and Conditions and the withdrawal instruction by email after your order. You can also access your past orders at any time in your customer account, if you have created one. We recommend that you save or print these Terms and Conditions and the withdrawal instruction for your own records. Once your order has been completed, the contract text is no longer accessible via our website.
2.8 We do not subscribe to any specific code of conduct within the meaning of Article 2(f) of Directive 2005/29/EC.
3. VINTAGE AND SECOND-HAND PRODUCTS
3.1 The Leather Project sells vintage, pre-owned and second-hand clothing, accessories and related products. Almost every item is a unique piece.
3.2 Signs of previous use, wear, ageing, patina and variations in material are a normal characteristic of goods of this kind.
3.3 Taking into account the nature of the goods, characteristics of this kind that are usual for goods of the same age and type do not constitute a defect (Section 434(3) sentence 1 no. 2 BGB).
3.4 Where an individual item has a specific characteristic that departs from what would otherwise be expected of goods of that kind - for example a tear, a hole, a stain, a repair, an alteration, a missing or replaced component, or a functional limitation - we describe that characteristic and, where possible, photograph it in the product listing.
3.5 Before you place your order, you will be asked to confirm separately that you have been informed of that specific characteristic and that you agree it as part of the agreed condition of the goods (Section 476(1) sentence 2 BGB). If you do not give that separate confirmation, the item is sold subject to the ordinary statutory standard of conformity, without any such agreed departure.
3.6 We photograph every item ourselves. Colours and other visual characteristics may nevertheless appear slightly different on your screen depending on lighting, photography and your device or display settings. This does not affect your statutory rights if the item delivered does not correspond to the item shown.
3.7 Vintage sizing frequently differs from modern sizing standards. The size shown on an item's original label is therefore indicative only. Where we state measurements in the product description, these are taken with the item laid flat and are subject to a tolerance of plus or minus 2 cm. Please use the stated measurements rather than the label when choosing an item. The Leather Project · TERMS AND CONDITIONS 23.8 Nothing in this clause 3 excludes or limits your statutory rights in respect of defective goods.
4. PRICES AND PAYMENT
4.1 The prices displayed in the online shop at the time you place your order apply. All prices are total prices in euros and include statutory value added tax. They do not include shipping costs, which are shown separately before you complete your order.
4.2 Most of our items are second-hand goods to which the margin scheme under Section 25a of the German Value Added Tax Act (UStG) applies. Where the margin scheme applies, value added tax is contained in the price but cannot be shown separately on the invoice and is therefore not deductible as input tax by business customers (Section 14a(6) UStG). Invoices for such items bear the note "Gebrauchtgegenstände/Sonderregelung".
4.3 Where an item is not subject to the margin scheme, this is indicated in the product listing and value added tax is shown separately on the invoice.
4.4 The payment methods available to you are displayed during checkout. Payment is due on conclusion of the contract unless otherwise stated.
4.5 Where we use third-party payment service providers, their terms and privacy provisions apply to the payment process in addition to these Terms.
5. SHIPPING AND DELIVERY
5.1 We deliver to the shipping address you provide during checkout. We ship to the countries and regions made available for delivery in our online shop.
5.2 Available shipping methods, shipping charges and delivery times are displayed during the ordering process and in our Shipping Policy.
5.3 Shipping costs are borne by you unless we state otherwise for a particular order or promotion.
5.4 Unless a different period is stated in the product listing, we dispatch goods within 3 working days of conclusion of the contract, and in any event we will deliver no later than 30 days after conclusion of the contract. Where you have chosen advance payment, this period begins on the day after you issue the payment order.
5.5 If an item unexpectedly becomes unavailable after your order has been placed, clause 2.5 applies.
5.6 For deliveries to destinations outside the European Union, customs duties, import taxes, handling fees and other charges may be levied by the authorities of the destination country. These charges are payable by the recipient and are not included in our prices. We have no influence over them and cannot predict their amount.
5.7 If you withdraw from the contract, we will refund the purchase price and the original standard delivery costs paid to us. We cannot refund customs duties or import taxes that you have paid to an authority in the destination country. In many countries such charges can be reclaimed from the relevant customs authority when the goods are re-exported; please contact that authority directly.
6. RIGHT OF WITHDRAWAL FOR CONSUMERS
6.1 If you are a consumer, you have a statutory right to withdraw from the contract within 14 days without giving any reason. The Leather Project · TERMS AND CONDITIONS 36.2 The conditions, time limits, procedure and consequences of withdrawal, together with the model withdrawal form, are set out in full in our Refund & Withdrawal Policy, which forms part of these Terms and Conditions. In the event of any inconsistency between these Terms and the Refund & Withdrawal Policy in respect of the right of withdrawal, the Refund & Withdrawal Policy prevails.
6.3 You can exercise your right of withdrawal at any time during the withdrawal period using our online "Cancel contract" function, available at [TO BE COMPLETED: URL OF THE WITHDRAWAL FUNCTION PAGE] (Section 356a BGB). You may also withdraw by any other unambiguous declaration, for example by email or letter.
6.4 The right of withdrawal applies to all goods offered in our online shop. We do not offer goods made to your specifications or clearly personalised goods, so the statutory exception in Section 312g(2) no. 1 BGB does not apply to our range.
6.5 Following a valid withdrawal, you bear the direct costs of returning the goods. Our items can be returned by ordinary post.
7. STATUTORY RIGHTS IN CASE OF DEFECTS (STATUTORY GUARANTEE OF
CONFORMITY)
7.1 We are liable for defects in accordance with the statutory provisions on liability for defects (Sections 434 et seq. BGB). Nothing in these Terms limits or excludes those rights.
7.2 If the goods are defective, you may in the first instance require supplementary performance, that is repair or - where a replacement is possible, which will rarely be the case for unique second-hand items - delivery of a replacement item (Section 439 BGB). If supplementary performance fails, is impossible, is refused, or is not carried out within a reasonable period, you may reduce the purchase price or withdraw from the contract and, where the statutory conditions are met, claim damages (Sections 437, 440, 475d BGB).
7.3 Claims in respect of defects become time-barred two (2) years after delivery of the goods (Section 438(1) no. 3 BGB). We do not shorten this period for second-hand goods, although German law would permit us to do so.
7.4 If a defect becomes apparent within one (1) year of delivery, it is presumed that the goods were already defective on delivery, and it is for us to prove otherwise (Section 477(1) BGB).
7.5 The fact that an item is vintage, second-hand or pre-owned does not in itself exclude your statutory rights in respect of defects. Characteristics of an individual item that have been disclosed to you and expressly and separately agreed in accordance with clause 3.5 are taken into account when determining whether the goods conform to the contract (Section 476(1) sentence 2 BGB).
7.6 We do not give any commercial guarantee (Garantie) of our own in addition to your statutory rights, unless a guarantee is expressly stated for an individual item. Where a manufacturer's guarantee exists for an item, the terms of that guarantee are set out in the product listing.
7.7 Your statutory rights in respect of defective goods are independent of your right of withdrawal under clause 6 and are not subject to the 14-day withdrawal period.
8. COMPLAINTS
8.1 If you have a complaint about an order, a product or our service, please contact us by email at info@theleather-project.com or by telephone on [TO BE COMPLETED: TELEPHONE NUMBER], quoting your order number.
The Leather Project · TERMS AND CONDITIONS 48.2 We will acknowledge your complaint without undue delay and aim to provide a substantive response within 14 days. Where a defect is claimed, please include photographs showing the issue where this is helpful.
8.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).
9. LIABILITY
9.1 We are liable without limitation for damage arising from injury to life, body or health resulting from an intentional or negligent breach of duty by us, our legal representatives or our vicarious agents.
9.2 We are liable without limitation for all other damage caused intentionally or by gross negligence by us, our legal representatives or our vicarious agents.
9.3 Where we breach a material contractual obligation through slight negligence, our liability is limited to the foreseeable damage typical of this type of contract. Material contractual obligations are obligations the fulfilment of which is essential to the proper performance of the contract, on the fulfilment of which you may regularly rely, and the breach of which jeopardises the achievement of the purpose of the contract.
9.4 We are not liable for damage caused by slight negligence in breach of an obligation that is not a material contractual obligation.
9.5 Clauses 9.3 and 9.4 do not apply to:
(a) liability under the German Product Liability Act (Produkthaftungsgesetz) and any product liability legislation replacing or supplementing it;
(b) liability arising from the fraudulent concealment of a defect (Section 444 BGB);
(c) liability arising from a guarantee of quality assumed by us.
9.6 The above limitations also apply in favour of our employees, representatives and vicarious agents.
10. RETENTION OF TITLE
Goods remain our property until the purchase price has been paid in full (Section 449 BGB).
11. DISCOUNT CODES AND PROMOTIONS
11.1 Discount codes and promotional offers are valid only on the conditions communicated to you before you use them.
11.2 Discounts may be limited in time, restricted to particular products, or subject to a minimum order value.
11.3 Multiple discount codes may only be combined where this is expressly permitted.
11.4 Unless otherwise agreed, discount codes cannot be applied retrospectively to orders that have already been completed.
11.5 Where you withdraw from a contract in which a discount code was used, we refund the amount you actually paid.
12. INTELLECTUAL PROPERTY
12.1 Content created for our online shop, including photographs, texts, graphics, logos and designs, is protected by copyright, trade mark or other intellectual property rights.
The Leather Project · TERMS AND CONDITIONS 512.2 Reproduction, modification, distribution or other use beyond what is permitted by law requires the prior permission of the respective rights holder.
13. DATA PROTECTION
Personal data is processed in accordance with applicable data protection legislation, in particular the General Data Protection Regulation (GDPR). Full information about the collection and processing of personal data is set out in our Privacy Policy.
14. APPLICABLE LAW
14.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which the consumer has their habitual residence (Article 6(2) of Regulation (EC) No 593/2008, "Rome I").
15. FINAL PROVISIONS
15.1 For consumers, the statutory rules on jurisdiction apply. In particular, as a consumer you may bring proceedings against us in the courts of the Member State in which you are domiciled (Article 18(1) of Regulation (EU) No 1215/2012).
15.2 Where the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is our registered place of business in Berlin, Germany.
15.3 If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by the applicable statutory provisions (Section 306 BGB).
16. CONTACT
The Leather Project
Owner: Hannes-Torben Döll
Bahnhofstraße 2
12159 Berlin
Germany
Email: info@theleather-project.com
Phone: [TO BE COMPLETED: TELEPHONE NUMBER]