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>> General Terms and Conditions [of Business] of "Kapworks Modevertrieb GbR"

§1 Identification of Supplier
The Internet Shop found under www.give-it-bag.com is an offer by

Kapworks Modevertrieb GbR
Otzenstraße 25
22767 Hamburg
Tel. +49 (0)40 2714 3699
Fax: +49 (0)40 2714 3698
kapworks@give-it-bag.com

Tax identification number (TIN): DE244242261

§2 Scope of Business
Between you as client and Kapworks Modevertieb GbR the following General Terms and Conditions apply exclusively within their current frame of reference, valid as from the date of order. Any other arrangements apply only subsequent to a formal written approval by Kapworks Modevertrieb GbR.

§3 Conclusion of Contract
The offers of Kapworks Modevertrieb GbR are revocable and subject to change. The order of the products by online shop under www.give-it-bag.com or by e-mail i.e. contact form is a binding offer of a sales agreement. A contract with Kapworks Modevertrieb GbR comes into effect only after submission of a written acceptance of the assignment by sending a confirmation of the order by e-mail within 14 days after receipt of the order from Kapworks Modevertrieb GbR.
In case of errors in writing, printing or calculation on the website, Kapworks Modevertrieb GbR has the right of annulment. The product offered will not be designated for resale.

§4 Delivery
Upon receipt of the invoiced amount by Kapworks Modevertrieb GbR, delivery ensues at the delivery address as submitted by the client, generally within 5 working days. This specification is not binding. In case Kapworks Modevertrieb GbR may not have been adequately or accurately supplied, the time of delivery may be extended accordingly. If this should lead to an unreasonable delay, tolerance of which may in all fairness not be expected from the clients they are entitled to cancel the contract with Kapworks Modevertrieb GbR by written notification. Payments rendered will be refunded promptly. In case of a permanent lack of availability, Kapworks Modevertrieb GbR is entitled to cancel the contract. This also applies to cases in which delivery may be rendered impossible as a result of circumstances out of the company’s control, such as an act of fate, strikes, default on the part of the supplier, actions by local or foreign authorities or natural disasters.

Delivery is carried out at the expense and at the risk of the client. The costs of a return consignment due to an incorrect or incomplete address or non-acceptance on the part of the purchaser are charged to the latter. Damages in transit or partial losses are to be certified by the person in charge of delivery.

§5 Prices and Conditions of Payment
All prices quoted are valid in Germany, Switzerland and the EU and are calculated with inclusion of German VAT as rated on the date of the conclusion of the contract. Only payments made by direct debit order (only in Germany), pre-payment, payment on delivery (only in Germany, Switzerland and the EU) or by PayPal will be accepted.

§6 Reservation of Title
Until such time as a complete settlement of all existing claims towards the client ensues, the delivered commodity remains in the ownership of Kapworks Modevertrieb GbR.

§7 Right of Withdrawal / Cancellation
Clients are entitled to revoke his order within 14 days without any declaration of reasons, after this right of withdrawal has been brought to their attention, as long as they are consumers according to § 13 German Civil Code. The revocation may ensue by return mail of the product to Kapworks Modevertrieb GbR, Otzenstrasse 2, 22767 Hamburg, Germany or in the form of a text (letter, fax or e-mail). To safeguard the time limit, the prompt dispatch of the commodity or the demand for revocation suffices.

In case of cancellation the payments received on both sides are to be reimbursed and - where applicable - financial benefits to be released. Should the client not return the received product or return it in a deteriorated condition, compensation has to be paid. This does not apply if the deterioration of the product may solely be ascribed to its inspection. For the remainder the clients may avoid any liability by refraining from taking possession until they have decided not to avail themselves of their right of cancellation.

Kapworks Modevertrieb GbR kindly requests to send the commodity in its original box and not freight collect.

The right of retraction does not apply to specially manufactured products tailored for the requirements of the clients in compliance with their personal needs.

§8 Liability and Deficiency Guarantee
Should a justifiable defect of a Kapworks Modevertrieb GbR product be detected, the client may choose to demand either the removal of the deficiency or a substitute for the deficient commodity. Should Kapworks Modevertrieb GbR, owing to the demand being unwarranted or unreasonable, not be willing or able to carry out the removal of the deficiency or its replacement, or should this matter be delayed over a period of time exceeding the acceptable limit due to the shortcoming of Kapworks Modevertrieb GbR or should the correction of the deficiency or replacement come to nothing in any other way, the client according to option is entitled to cancel the contract or demand an appropriate reduction of the purchase price.

Inasmuch as no other matter furthermore ensues, continued claims of the client - no matter from which legal basis - are excluded. Kapworks Modevertrieb GbR is therefore not liable for damages, which have not originated on the delivered item itself; especially not for failed profit or other capital losses suffered by the client. This indemnity of Kapworks Modevertrieb GbR so applies to the personal liability of employees, representatives or replacement assistants.

The above liability restriction is not valid if the cause of damage may be ascribed to intentional or gross neglect. It is furthermore not valid, if the client alleges, according to §§1,4 of Product Liability Code, responsibility for defects according to § 437 of German Civil Code, or initial ineptitude, or claims of alleged justifiable inability.

As far as Kapworks Modevertrieb GbR through neglect would violate a contractually intrinsic obligation, the liability for material damage is essentially restricted to the damage specified.

The time limit of the warranty is twenty-four months, calculated as from the date of delivery. This time limit is a lapsing time limit and is also valid in the case of claims of replacement of defects resulting from damages, inasmuch as no claims are advanced based on illicit deeds.

GIVE IT BAG bags are manufactured from used, printed transport bags, carefully selected, cleaned and repeatedly checked for damages. Thus it is neither an error, nor a deficiency, if the bags show faded, blurred or atypical prints due to creases. This is rather a characteristic trait of GIVE IT BAG. The photographs in the web shop indicate the particular bag model merely as example, regarding the quality of the colour prints. The client purchase the product in the knowledge that at temperatures above 30°C/86°F dye of certain bags may stain. The producer accepts no liability in this regard.

§9 Declaration of Data Protection / Privacy Policy
All personal client data are handled with utmost confidentiality and are stored and processed under consideration of all relevant legal regulations such as for example the "Bundesdatenschutzgesetz" (Federal Data Protection Act) and the "Teledienstdatenschutzgesetz" (Tele Service Data Protection Act). Kapworks Modevertrieb GbR will under no circumstances whatsoever pass on this data including postal and e-mail address. Excluded from this are merely the partners for service provision who are required to process the orders (postal and parcel services, financial institutions). In these cases the extent, however, is limited to the essential minimum in compliance with the commitments based on the sales contract. Clients expressly concur with the charge, processing and use of their individual-related data. Clients have the right to demand information at any time on the data of their persons as stored by Kapworks Modevertrieb GbR.
The security software used is SSL which cryptographically enciphers the client’s data.

§10 Area of Jurisdiction and Applicable Law
The German Code of Law under preclusion of the UN Commercial Law shall apply. The place of jurisdiction is Hamburg, Germany.

Date: 2009-10-26