Terms of service
Our deliveries, services and offers are made exclusively on the basis of the following terms and conditions and the Standard Terms and Conditions of the German Textile Industry (EDT) for all types of supply contracts. The terms and conditions shall also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods or services. Any deviating terms and conditions of the customer are hereby rejected; they are not binding for us, even if we carry out the delivery without a separate reservation.
The law of the Federal Republic of Germany shall apply exclusively. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 is excluded. The place of fulfillment and jurisdiction is Berlin.
I Validity, definitions of terms
(1) Seven Islands Europe, Utrechter Straße 32, 13347 Berlin, Germany (hereinafter: "we" or "Seven Islands Europe") operates an online store for goods under the website https://www.sevenislandseurope.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.
(2) "Consumer" within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.
II Conclusion of contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://www.sevenislandseurope.com or orders received by email or telephone.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart", "Add to shopping bag" or similar),
- Check the details in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and revocation policy,
- Completion of the order by clicking the "Buy now" button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with Seven Islands Europe, Utrechter Straße 32, 13347 Berlin, Germany.
(5) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, is carried out automatically by e-mail after you have placed the order. The General Terms and Conditions (GTC) can be viewed during the ordering process. In order to complete the order process, you must tick the box to agree to these. We do not save the text of the contract after it has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(8) If you order by e-mail or telephone, you will subsequently receive an order confirmation and the GTC.
III Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract in our online store is the sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description. Please note that no liability can be accepted for deviations between the photographic representation on the Internet and the actual goods.
In this case, we refer you to the possibility of sending samples.
(3) Seven Islands Europe cannot make a binding statement regarding the availability of fabrics. Due to changing collections and availability, delivery of all items listed in the order form cannot be guaranteed. There is no legal entitlement to delivery of the items listed in the order form.
The minimum quantities to be purchased vary depending on the design. The buyer is obliged to accept these as listed in the order confirmation.
IV Delivery
(1) All deliveries are made at the risk and expense of the buyer. The goods are shipped from our location in Berlin (Germany). The freight costs from Berlin depend on the weight and shall be borne by the Buyer.
(2) The delivery time for goods in stock is 3 to 5 working days after receipt of payment. For goods to be ordered, it is at least 10 to 12 weeks after order confirmation, possibly longer. It is not possible to give an exact delivery date. The customer will be informed of the estimated delivery period and delivery date as soon as this is possible.
V Notice of defects
(1) Complaints must be reported to the seller immediately upon receipt of the goods. After cutting or otherwise commenced processing of the delivered goods, any complaint about obvious defects is excluded.
VI Payment
(1) When ordering goods in stock, payment is due immediately after placing the order online and you will receive an order confirmation for the goods you have ordered. Payment is made via Shopify Payments or by prepayment.
(2) If goods are ordered in Japan, you will receive a proforma invoice approximately 2 weeks before the goods arrive in Germany.
You will be asked to pay in advance to our bank account in Germany. The goods will be shipped to the customer after receipt of payment on our account.
If the invoice amount is not transferred within 30 days, the goods can be resold to other customers.
In the event of disputes, the place of jurisdiction is Berlin in accordance with German law.
The invoice shall be issued on the day of delivery or provision of the goods. Postponement of the due date (value date) is generally excluded. From the 1st day after reaching the net due date, default occurs in accordance with §286 II No. 1 BGB.
VII Payment after the due date
(1) If payment is made after the due date, interest shall be charged at a rate of 8% above the respective base interest rate of the Deutsche Bundesbank. The seller is not obliged to make any further deliveries under any current contract before full payment has been made. The right to claim damages for default remains reserved.
If the Buyer is in default of payment or in the event of imminent insolvency or other significant deterioration in the Buyer's financial circumstances, the Seller may demand cash payment before delivery or withdraw from the contract for any outstanding deliveries under any current contract, with the expiry of the term of payment.
VIII Method of payment
(1) Offsetting against and retention of due invoice amounts is only permitted in the case of undisputed or legally established claims. This shall also apply in the event of suspension of payment by the seller. Other deductions (e.g. postage) are not permitted.
IX Retention of title
(1) The goods shall remain the property of the seller until full payment of all claims arising from deliveries of goods from the entire business relationship, including ancillary claims, claims for damages and cashing of checks. The retention of title shall also remain in force if individual claims of the seller are included in a current account and the balance is drawn and recognized. If the reserved goods are combined, mixed or processed by the Buyer to form a new movable item, this shall be done on behalf of the Seller without the Seller becoming obligated as a result. By combining, mixing or processing, the Buyer does not acquire ownership of the new item in accordance with §§ 947 ff BGB.
(2) In the event of combination, mixing or processing with items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the invoice value of its reserved goods to the total value.
If a central settlement agent is involved in the business transaction between the Seller and the Buyer, who assumes the del credere, the Seller shall transfer ownership upon dispatch of the goods to the central settlement agent subject to the condition precedent of payment of the purchase price by the central settlement agent. The Buyer shall only be released upon payment by the central settlement agent.
(3) The buyer is only entitled to resell or process the goods subject to the following conditions:
The buyer may only sell or process the reserved goods in the ordinary course of business and provided that his financial circumstances do not deteriorate in the long term. The buyer hereby assigns the claim with all ancillary rights from the resale of the reserved goods - including any balance claim - to the seller. If the goods have been processed and the seller has acquired co-ownership in the amount of its invoice value, it shall be entitled to the purchase price claim in proportion to the value of its rights to the goods. If the buyer has sold the claim within the framework of genuine factoring, the buyer assigns the claim against the factor taking its place to the seller and forwards its sales proceeds to the seller in proportion to the value of the seller's rights to the goods. The buyer is obliged to disclose the assignment to the factor if he is more than 10 days overdue with the payment of an invoice or if his financial circumstances deteriorate significantly. The seller accepts this assignment.
Pledging or transfer by way of security of the reserved goods or the assigned claims is not permitted. The seller must be informed immediately of any pledges, stating the name of the pledgee. If the seller takes back the delivery item in exercise of his right of retention of title, this shall only constitute a withdrawal from the contract if the seller expressly declares this. The seller may satisfy his claims from the repossessed goods subject to retention of title by private sale. The buyer shall store the reserved goods for the seller free of charge. He shall insure them against the usual risks to the customary extent. The Buyer hereby assigns to the Seller its claims for compensation to which it is entitled against insurance companies or other parties liable for compensation arising from damage of the aforementioned type, in the amount of the invoice value. The seller accepts the assignment.
X Warranty and liability
(1) The purchaser's warranty rights presuppose that the purchaser has properly fulfilled the inspection and return obligations owed in accordance with §377 HGB (German Commercial Code). If there is a defect in the delivery item for which we are responsible or if a warranted characteristic is missing, we shall be entitled and obliged, at our discretion, to remedy the defect or make a replacement delivery free of charge. The prerequisite is that the defective goods are made available to us for inspection. The warranty period is 12 months.
(2) Unless otherwise agreed, further claims by the customer - regardless of the legal grounds - are excluded. We are therefore not liable for damages that have not occurred to the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the customer, for example from contractual penalties, operating losses, wages and other consequential damages.
XI Joint liability
(1) Any further liability for damages other than that provided for in the warranty and liability section is excluded, regardless of the legal nature of the asserted claim.
(2) Should one or more provisions of these GTCs be invalid, this shall not affect the validity of the remaining provisions. A replacement clause shall then apply which comes as close as possible to the invalid provision in legal and economic terms.