Terms and Conditions

GENERAL TERMS AND CONDITIONS

Ben Weide Berlin GmbH
Version: February 2026

§1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop at www.benweide.com or otherwise by distance selling between

Ben Weide Berlin GmbH
Managing directors: Benjamin Weide, Alexander Weide-Viehl
Rolandufer 18
10179 Berlin
Germany
HRB 193070 B – Amtsgericht Berlin-Charlottenburg (Local Court)

(hereinafter “Seller”)

and the customer.

(2) These GTC apply to consumers (Section 13 of the German Civil Code, BGB) and entrepreneurs (Section 14 BGB), unless expressly distinguished.

(3) Deviating terms and conditions of the customer shall not apply unless their validity has been expressly agreed to in writing.

§2 Conclusion of contract

(1) The presentation of products in the online shop does not constitute a binding offer, but an invitation to place an order.

(2) By submitting the order, the customer makes a binding offer.

(3) The contract is concluded by:

  • an express declaration of acceptance (email) or

  • dispatch of the goods.

(4) The contract text is stored and sent to the customer in text form (email).

§3 Special provisions for made-to-measure items, personalisation and alterations

(1) Made-to-measure items, personalised products, custom-made items and alterations to existing garments are carried out on the basis of the measurements, wishes or design specifications provided by the customer.

(2) The customer is obliged to provide correct measurements. The Seller is not liable for deviations in fit resulting from incorrect measurements.

(3) For made-to-measure items, a deposit of up to 50% of the purchase price may be requested.

(4) Requests for changes after the start of production can only be taken into account insofar as this is technically possible and reasonable. Any additional costs incurred as a result shall be borne by the customer.

§4 Right of withdrawal

(1) Consumers generally have a right of withdrawal of 14 days pursuant to Section 355 BGB.

(2) Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the supply of goods

  • which are not prefabricated and

  • for whose production an individual selection or determination by the consumer is decisive, or

  • which are clearly tailored to the personal needs of the consumer

(Section 312g (2) No. 1 BGB).

This includes in particular:

  • made-to-measure items

  • individually adjusted garments

  • personalised products

  • goods altered at the customer’s request

  • custom-made items

These are excluded from exchange and withdrawal.

§5 Prices and payment

(1) All prices include statutory VAT.

(2) Shipping costs are shown separately.

(3) Payment methods: prepayment, credit card, direct debit, PayPal and, where applicable, other payment methods displayed in the shop.

(4) For made-to-measure items, the start of production may be made dependent on a deposit.

§6 Delivery

(1) Delivery times depend on the product. For made-to-measure items, individually agreed delivery periods apply.

(2) Partial deliveries are permitted where reasonable.

(3) For consumers, the risk passes upon handover of the goods; for entrepreneurs, upon handover to the carrier.

§7 Retention of title

The goods remain the property of the Seller until full payment has been made.

For entrepreneurs, an extended retention of title applies pursuant to Sections 449 and 158 BGB.

§8 Warranty rights

(1) The statutory warranty rights apply.

(2) For made-to-measure items, the following do not constitute a defect:

  • not liking the item on grounds of taste

  • minimal colour deviations

  • characteristics typical of the material

  • deviations within customary industry tolerances

(3) Entrepreneurs must give notice of obvious defects without undue delay.

§9 Liability

(1) Unlimited liability applies in cases of:

  • intent

  • gross negligence

  • injury to life, body or health

  • the German Product Liability Act

(2) In cases of simple negligence, the Seller is only liable for breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage.

§10 Cancellation by the Seller

The Seller is entitled to withdraw from the contract in the event of:

  • non-availability of the goods despite the Seller having placed a supply order

  • the customer’s default in payment

  • unreasonableness of performance of the contract

Any payments already made will be refunded.

§11 Data protection

Personal data is processed in accordance with the GDPR.
Details can be found in the separate privacy policy at www.benweide.com.

§12 Copyright

All designs, patterns, photographs, product images and texts are protected by copyright.

Any use without express consent is prohibited.

§13 Alternative dispute resolution

The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

§14 Applicable law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as it does not conflict with mandatory consumer protection provisions of the country in which they have their habitual residence.

The place of jurisdiction for entrepreneurs is Berlin.

§15 Severability clause

Should any provision be invalid, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.


GTC version: December 2026

ALTERNATIVE DISPUTE RESOLUTION PURSUANT TO ART. 14 (1) ODR REGULATION AND SECTION 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.