Terms & Conditions
General Terms and Conditions for Orders from Exploited
# 1 Validity
Business relations between Exploited (hereafter called Exploited) and the customer are exclusively subject to the following General Terms and Conditions, so long as no differing terms and conditions are agreed in writing between Exploited and the individual customer.This shall also apply if the customer uses terms and conditions which contradict or differ from our terms and conditions. Such contradictory or differing conditions of the customer will only apply with our express written permission.
# 2 Contract conclusion
1. Orders from Exploited can be made by letter, facsimile, email or online. The order received by Exploited is an offer to us to complete a purchase contract. When you order goods from us we send you an order confirmation by email which confirms to you that we have received your order. The order confirmation does not constitute acceptance of your offer. Only when we send you the goods you have ordered and confirm that the order has been sent with a second email has a purchase contract for the sent and confirmed goods been concluded. In case payment is being made by bank transfer, we will only send out the product once the purchase price has been credited to our account.
In case of an online order, a contract is generally concluded when :
a) the customer transfers all necessary personal information (name, address, email etc.), billing address and desired order to us electronically during the order process and
b) the customer agrees to these General Terms and Conditions and
c) Exploited sends the goods ordered to the customer.
Before the customer submits his binding online order he has the opportunity to check the data to be sent to us for accuracy and completeness and to correct any input errors. The contract text is stored after the contract is completed and can be made accessible to the customer upon his request.
Once we have received the online order we send the order confirmation and cancellation policy to the customer at the email address he has supplied.
2. The customer's contract partner is: Exploited, represented by the Managing Director Jan Simon Spielberger, Gneiststr.13, 10437 Berlin, Germany.
3. The goods will be sent to the address supplied by the customer. No purchase contract is concluded for goods which are ordered but not included in the delivery.
4. Goods are only delivered in the usual amounts for sale to end customers.
# 3 Cancellation
The legal regulations regarding cancellation shall apply. You can view the cancellation policy here. Please note that, as per § 312 d para. 4 nr. 2 BGB (German Civil Code), cancellation is excluded by law for audio or video recordings if the seal has been broken on the delivered data carriers. In addition, as per § 312 d para. 4 nr. 1 BGB (German Civil Code), there is no right of cancellation for deliveries of goods which are unsuitable for return due to their condition.
# 4 Delivery, postage costs
1. Unless otherwise agreed, delivery will be made, subject to change, from the Exploited warehouse to the delivery address provided by the customer. Additional costs which arise because the customer or another person willing to accept the delivery is not present at the delivery address supplied at the time of delivery will be incurred by the customer.
2. You can choose to have Exploited send the goods you have ordered to the delivery address you have supplied as an uninsured shipment with Deutsche Post or as an insured shipment with UPS. By choosing an insured shipment you help us with the compensation in case the shipment is getting lost or damaged. Independently from the chosen delivery method Exploited bears the risk of loss in the course of transit, which means that Exploited is free first of any liability once the goods to be delivered are handed over to the person making the delivery.
3. During the order process, when you confirm your order and in the delivery confirmation we state the binding postage costs that will be due for the delivery option you have selected. Exploited points out that any information on delivery times on our website is non-binding.
4. Should Exploited ascertain when processing your order that certain goods you have ordered are no longer available, we will inform you of this by email.
5. The customer will incur the costs of postage. These are calculated based on weight, delivery destination and shipping company. You can find a detailed overview of postage costs in our postage costs table.
6. The customer shall also incur any other costs that arise through the delivery of the goods, in particular taxes and duties on orders from outside of the EU.
# 5 Payment, payment date and default, prices
1. The customer can pay the purchase price by credit card, Paypal or advance payment/direct debit only.
a) The following applies to credit card payment: Exploited only accepts VISA, Mastercard and Eurocard Amex credit cards. When ordering online, the customer provides Exploited with his credit card information in the order form provided. The data is only stored by Exploited to process the order and it is deleted immediately afterwards. Refunds by cheque and/or credit notes are excluded.
b) The following applies to payment by Paypal: Paypal is a method of payment used worldwide. You can find information on the Paypal system on the website: www.paypal.com
c) The following applies to advance payment/direct debit: by choosing advance payment you can pay for the goods you have ordered by bank transfer or direct debit.
We notify the customer of our bank details (account holder, account number, bank name, sort code, IBAN and SWIFT code if necessary) in our order confirmation.
As soon as the full amount has been credited to our bank account, Exploited will send the goods you have ordered to you within approximately three working days.
2. Any additional transfer costs that may arise (e.g. with foreign transfers) will be incurred by the customer.
3. Should the customer be in default of payment, Exploited has the right to claim default interest at 5.00% above the European Central Bank base rate per year. If Exploited can demonstrate greater damages (e.g. due to return debit notes), Exploited can claim back these greater damages instead of the default interest. The customer retains the right to demonstrate that the damages incurred are smaller or that no damages have been incurred.
4. The invoice amount is due for payment when the invoice included with the delivered goods is received.
5. Our prices are given in EURO and include statutory value added tax at the current rate of 19%. Delivery and postage costs are to be added to the prices listed. Our current prices at the time the relevant contract is concluded shall apply.
# 6 Offsetting/reservation of title
1. The customer shall only have the right to offset payments if his counterclaims have been legally ascertained or are undisputed by Exploited.
2. Until payment is completed, the goods remain the property of Exploited.
# 7 Warranty
In case of defective goods the legal regulations shall apply, unless otherwise agreed. If Exploited fulfils its duty of subsequent fulfilment by delivering a replacement, the customer is obliged to return the defective product originally delivered by us at our cost, but at the risk of the customer, within one month of receipt of the replacement. In order to avoid the item to be returned being lost, the customer is encouraged to have the item returned by a shipping company that uses a so-called tracking or tracing system, allowing the whereabouts of the package to be traced.
# 8 Liability
1. Exploited shall only be liable for its own culpability and only for intent and gross negligence, regardless of the legal grounds. For light negligence, Exploited shall only be liable for compensation for damages and reimbursement in the event of a breach of essential duties, and this will be limited to the immediate foreseeable damages.Exploited shall not be liable for indirect damages, consequential damages or lost profit in such cases. In case of injury to life, body or health the statutory liability provisions shall apply.
2. Exploited points out that, despite every effort made in our product range management, we cannot rule out that content may be found in audio or video recordings or printed materials that violates legal norms or morals or could be harmful to young people. Exploited expressly makes no guarantee that content of the type described above will not be found in the audio or video recordings or printed materials it delivers. The assertion of damage claims based on this is excluded.
3. Exploited also points out that, despite every effort made in our product range management, we cannot rule out that content may be found in audio or video recordings or printed materials that was produced in breach of copyright or performance rights. Exploited expressly makes no guarantee that the audio or video recordings or printed materials it delivers will be free of breaches of copyright or performance rights. The assertion of damage claims based on this is excluded.
4. The aforementioned exclusions and limitations of liability in paragraphs 1 to 3 also apply to the employees, representatives and vicarious agents of Exploited.
5. The aforementioned exclusions and limitations of liability in paragraphs 1 to 4 shall not apply if damages have been caused byintentional or gross negligent behaviour or if personal injury has occurred or infringements or breaches of morals have been caused by intentional or gross negligent behaviour.They shall also not apply if the customer asserts claims from §§ 1 and 4 of the Product Liability Law. Finally, the aforementioned exclusions and limitations of liability shall not apply if essential contractual obligations have been breached due to minor negligence. In this case, liability is limited to damages and reimbursement for the immediate foreseeable damages.
6. Claims asserted due to defects shall be subject to the statute of limitations after two years, calculated from the time the customer received the delivery.
Personal data from the customer collected and recorded by Exploited shall be used exclusively for processing and completing orders. This includes settling payments for purchase and delivery and pursuing any further resulting claims from Exploited. Additional information can be found in the data protection statement.
# 10 Final provisions
1. The law of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applied.
2. Should individual provisions of these conditions or parts of these become null and void, the validity of the remaining provisions shall remain unaffected.An invalid provision of these conditions shall be replaced by a new provision whose economic purpose most closely matches that of the invalid provision.
Status: April 2013
You may cancel your declaration to conclude a sales contract within a period of one month in writing (e.g. by letter, e-mail, facsimile) or - if the item is placed at your disposal prior to the expiry of this period - by returning the goods. The period shall commence upon receiving this notification in writing, however, not prior to the delivery of the goods to the consignee (in the case of recurring delivery of similar goods, not prior to the delivery of the first part delivery), nor before thefulfilmentof our duties to furnish information pursuant to Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) as well as our duties pursuant to § 312e Para. 1 Cl. 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. The deadline is deemed to have been observed if the notice of cancellation or the item was sent in a timely fashion. The notice of cancellation must be sent to:
Consequences of cancellation
In the event of an effective cancellation, any payments received by either party must be returned and where applicable any benefits received (e.g. from interest) are to be surrendered. If you are unable or only partly able to return the product/service received or are only able to return it in a deteriorated condition, you may where necessary be under obligation to pay us compensation. This shall not apply if the deterioration of the goods is exclusively attributable to their examination - as would have been possible for you in a shop. You must not provide compensation for the loss of value of the merchandise (depreciation) arising from regular use of the merchandise.
Goods capable of being sent by parcel post should be returned to us at our risk. You shall incur the cost of returning the goods if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed EUR 40 or where - in the case of more expensive goods - no consideration or a contractually agreed partial payment has been rendered at the time of cancellation. Otherwise the return consignment is free of charge. Goods that are not suitable for consignment by parcel post shall be collected.
Obligations to refund payments must be met within 30 days. The deadline shall commence for you on the date you sent the notice of withdrawal or the item. For us it shall commence upon its receipt.
End of cancellation policy.