Introduction

This website is operated by Baturina GmbH (the “Company”, “Baturina Homewear”). For purposes of these Terms and Conditions, “Service” refers to the Company’s service which can be accessed via our website at www.baturina-homewear.com.  The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of the Service.

By visiting our site and/or using the Service, you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Use. If you do not agree to all the Terms of Use, then you are not authorized to access the website or use the Service.

Conclusion of contract

The following regulations concerning the conclusion of the contract apply to orders via our internet shop https://www.baturina-homewear.com

In the event of the conclusion of the contract, the contract is concluded with

​​Baturina GmbH
Juergen-Toepfer-Strasse 48, Haus 17
22763 Hamburg
Germany

Registration number HRB 156221
Register Court Amtsgericht Hamburg

The presentation of the goods in our internet shop does not represent a legally binding offer of contract on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a sales contract.

When an order is received in our internet shop, the following terms apply: The costumer makes a binding contract offer by successfully completing the ordering process in our internet shop.

A customer is any natural person who completes a legal transaction for purposes that can neither be considered as commercial nor as self-employed activities (Section 13 German BGB).

The order is made in the following steps:

1) Selection of the desired goods
2) Confirm by clicking on the “Order” buttons
3) Check the information in the shopping cart
4) Press the button “checkout”
5) Login to the Internet shop after registration and entering the login details (e-mail address and password).
6) Review or correction of the respective entered data.
7) Final submission of the order by clicking on the button “order” or “buy”.

Prior to submitting the definite order, the customer can return to the website by pressing the “Back” button in the Internet browser, where the information provided by the customer is entered and where he can correct input errors or cancel the order process by closing the Internet browser.
We will immediately confirm receipt of the order by an automatically generated e-mail (“order confirmation”). With this confirmation we accept your proposal.

You can view the Terms at any time at https://www.baturina-homewear.com/terms.html. You can view your past orders in our customer area under My account –> My orders.

After successful delivery of the goods the contract is regarded as concluded.

Product Images


​Although we have made every effort to display as accurately as possible the colors and images of our products that appear on the Service, we cannot guarantee that your computer monitor’s display of any color will be accurate.

Prices, payment, shipping costs

The payment for the full purchase amount must be made in advance (prepayment).
The customer has the possibility of payment by PayPal, all major credit/debit cards, Klarna, Sepa Bank Transfer and other popular local payment gateways.

Prices are subject to change without notice and price adjustments will not be issued to any order placed prior to any changes.

In addition to the price, you will be required to pay shipping costs, depending on the delivery location.

Coupons and discounts, free gifts, gift cards

Coupon codes are limited to one per customer per purchase and are good for a one time use only per customer and can only be used on full price merchandise, unless stated otherwise. Many promotions hold a minimum purchase requirement amount for eligibility.
​The coupon codes have no cash value and if a return is made, your account will be credited only in the amount that you paid – total amount at checkout less the value of the coupon code. Coupon codes cannot be combined with other promotions. We reserve the right to refuse or alter any coupon or promotion at our discretion. ​Coupon codes and discounts are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion.

From time to time we run “Free Gift” offers and promotions when you purchase qualifying items or place a qualifying order. The free gift cannot be substituted for any other item, cash or credit. The free gift will be dispatched with the relevant items from your qualifying order.
If a customer wishes to return an order or item which qualified for a gift with purchase, the transaction can only be refunded if the gift with purchase item is also returned. If the gift is not returned then the full price of the gift will be deducted from refund amount.

A gift card may be applied toward any purchase made at Baturina Homewear’s online store. The gift card is not exchangeable for cash or replaced if lost or stolen. Gift cards do not expire and you may check their balance in the customer account dashboard.

Made to order goods

Many of our offered goods are made to order. These are not goods in stock, but individual productions according to customer specifications.

Customer specifications include:

Size and other dimensions
Monogram Embroidery
Design (i.e. Fabrics, Color)

Due to the difference of designs, we may not offer the same customization options for all goods.

​Once a transaction has been made it is not possible to change the design as confirmed in the order confirmation.

For made-to-order goods, there is a longer order processing time. You may purchase a “rush order” option, to upgrade to faster processing time. This fee is non-refundable.

Custom Design

In addition to our catalogue of goods, customers can design their own goods by choosing from the options provided on our Custom Design page. The design as confirmed in the order confirmation remains the intellectual property of Baturina GmbH and is not unique to the customer.

Delivery

All orders are posted from Germany with Deutsche Post, DHL or DHL Express. We offer free and paid shipping options, which can be calculated in advance on single product pages or in the shopping cart.

In case of international shipments, Deutsche Post and DHL may cooperate with local shipment carriers (e.g. RoyalMail, USPS) to deliver the goods.

Orders are shipped Monday through Friday, with the exception of public holidays.

Additional shipping time depends on the destination country and chosen delivery method.

The risk of accidental loss and accidental deterioration of the sold goods shall not pass to the buyer until the goods are handed over to the buyer.

All orders placed outside of the European Union are subject to taxes and duties (including VAT, GST) imposed by the customer’s country of residence. Baturina GmbH is not responsible for any packages held by international customs agencies and it is not the company’s responsibility to make the customer aware of these agencies and their actions. Please check with your country’s customs office to determine their procedures and any potential charges.

In the case of shipments which are non-deliverable due to being neglected, not picked up, or having unpaid customs fees, the shipments will be returned to us and subsequently refunded, minus the original shipping charge and customs fees.

Express shipping costs are non-refundable.

After-sales service

Should you be unsatisfied with your order, we offer after-sales services. For eligible orders, we offer:

  • alterations (e.g. shorten sleeve length)
  • exchanges (e.g. for a different size)

After sales services are free of charge.

We decide what type of after sales service can be done on an individual case-by-case basis. To be eligible for free after sales service, the same conditions apply as in our returns policy. What type of services are possible and how much time they take depends on the availability of the material and the complexity of the desired changes.

The following goods are excluded from free exchanges and alterations:

  • boxer shorts
  • items on sale
  • goods which have been altered, damaged

If additional alterations or exchanges are desired that go beyond the reasonable scope of a free service, we can arrange them for an additional charge. At our sole discretion, we may refuse to offer any after-sales service to any order.

Return policy

Right of withdrawal of the customer as a consumer: Right of withdrawal for customers

Customers are entitled to a right of withdrawal in accordance with the following terms, whereby a customer is any natural person who concludes a legal transaction for purposes that can neither be attributed to his commercial nor his self-employed professional activity:

Return policy: Right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons.

The return period for purchased goods is 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. The withdrawal period expires after 14 days. We accept returns for all sizes, custom fit, monogrammed and custom designed items and sale items.

The goods must be in original condition and original packaging. The invoice, if available, must be inside the package.

To exercise your right of withdrawal, you must inform us

​​Baturina GmbH
Juergen-Toepfer-Strasse 48, Haus 17
22763 Hamburg
Germany
E-mail info [at] baturina-homewear.com​
Phone: +4915218142703

by means of a clear statement (e.g. an e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory.

Unwanted goods may be shipped back to the following address:

​​Baturina GmbH
Juergen-Toepfer-Strasse 48, Haus 17
22763 Hamburg
Germany
E-mail info [at] baturina-homewear.com
Phone: +4915218142703

If the goods have been flawed in any way we are not able to offer any after-sales services. Goods that are damaged will not be accepted.

Consequences of withdrawal

If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges arising from your choosing a different method of delivery from the cheapest standard delivery offered by us), within 14 days after we receive your returned goods. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will you be charged for this refund.

We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the end of the 14-day period.

You will bear the direct costs of returning the goods, unless otherwise noted.

Due to the high value of our goods we would recommend that all returns are sent back using tracked mail as we are not responsible for any returned items that get lost in transit.

End of the cancellation policy.

Withdrawal Form

Sample form
(If you want to cancel the contract, please fill out this form and send it back).

To :
Baturina GmbH
Juergen-Toepfer-Strasse 48, Haus 17
22763 Hamburg
Germany
E-mail info [at] baturina-homewear.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
_____________________________________________________

Ordered on (*)/received on (*)
__________________

Name of the customer(s)
_____________________________________________________

Address of the customer(s)
_____________________________________________________

Signature of the customer(s) (only in case of communication on paper)
__________________

Date
__________________

(*) Delete as applicable.

Reservation of ownership

We reserve the right of ownership of the goods until the purchase price has been paid in full.

Privacy Policy

Our handling of data is explained in the Privacy Policy, which can be viewed here: https://www.baturina-homewear.com/privacy.html​

Force Majeure

In case of force majeure the agreement can either be considered as judicially canceled with neither customer nor Baturina GmbH being entitled to any compensation or the delivery time(s) can be extended with the currency of the force majeure. We considers force majeure as: war, mobilization, terror acts, blockade stagnation of work, transport obstructions, measures of commercial policy, new or amended legislation, strikes, the non-delivery or non due deliveries of the goods by suppliers to Baturina GmbH, natural catastrophes and any circumstances, events and circumstances that are beyond our control.

Indemnification

You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.

Governing law

These Terms shall be governed by and construed in accordance with the laws of Hamburg, Germany.

Entire agreement

The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision.
These terms and any policies or operating rules posted by us on this internet shop or in respect to our terms constitutes the entire agreement and understanding between you and us and govern your use of our terms, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms).
Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

Legal disputes

Potential legal disputes will be solved through the European Commission Online Dispute Resolution (EU ODR).
EU ODR: http://ec.europa.eu/odr

Contact

Questions about the Terms should be sent to us at info [at] baturina-homewear.com.