General terms and conditions of business
General Terms and Conditions of Mr. Santos Classic Style GmbH
General terms and conditions of business
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use.
§ 1 Basic provisions
(1.1) The following terms and conditions apply to all contracts that you, as a consumer, conclude with us as the provider and seller (Mr. Santos Classic Style GmbH) via the website www.mr-santos.com. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby expressly excluded.
(1.2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(1.3) These General Terms and Conditions apply in the version valid at the time of the order. These are available to the customer during the ordering process and at any time, and can be saved and printed by the customer. We also include these General Terms and Conditions with the products so that the customer also receives these General Terms and Conditions after the contract has been concluded. The currently valid version of the General Terms and Conditions can be viewed here: https://www.mr-santos.com/pages/allgemeine-geschaftsbedingungen .
(1.4) Any new features or tools which are added to the current store shall also be subject to these Terms of Use. We reserve the right to update, change, or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.
(1.5) Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
§2 Identity of the seller
Mr. Santos Classic Style GmbH
Eschershauser Weg 23 B
14163 Berlin
Germany
Phone: +49 (0)172 38 39 902
VAT ID No. DE454293730
Email: service@mr-santos.com
§ 3 Conclusion of the contract
(3.1) The subject of the contract is the sale of goods. The customer's contractual partner is the seller.
(3.2) The provision of the products offered on the website does not constitute a binding offer to conclude a purchase contract, but rather an invitation to the customer to submit an offer. The customer submits a binding offer to purchase the selected products as soon as they have provided all requested information during the ordering process, accepted these Terms and Conditions, and clicked the "Pay Now" button ("Offer"). The customer can cancel or change their order at any time until they click the "Pay Now" button.
(3.3) The contract is concluded via the online shopping cart system as follows:
The items you intend to purchase are placed in your "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal information as well as the payment and shipping terms, all order details will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to review all information again, change it (also using the "Back" function of your internet browser) or cancel the purchase.
(3.4) Immediately after receipt of the offer, the Seller will send a confirmation of the order for the products ("Order Confirmation Email") to the email address provided by the Customer during the ordering process. This order confirmation email does not constitute a declaration of acceptance by the Seller. The order confirmation email contains the essential data of the Customer's order.
(3.5) The purchase contract is only concluded when the seller has expressly and legally accepted the ordered product and thus the offer by sending an order confirmation or an invoice (“conclusion of contract”).
(3.6) If further customisations are discussed between the seller and the buyer - these can be both stylistic details and dimensional changes to the goods offered - the buyer will receive a separate, individual confirmation of these by e-mail upon request.
(3.7) Agreements between the buyer and the seller regarding further customization of the goods offered are made independently of the goods offered for sale in the online shop and can be made by email, telephone, or personal consultation and, if necessary, measurement of the buyer by appointment in the home and office service or at a location to be determined by agreement. These changes to the offer in the online shop become part of the online order and do not require separate confirmation to be effective.
(3.8) Requests for an offer beyond the goods directly offered in the shop are non-binding for the customer. We will submit a binding offer in text form (e.g., by email), which can be accepted within 5 days.
(3.9) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§4 Contract language, contract text storage
(4.1) The contract language is German.
(4.2) We do not save the full contract text. Before submitting the order via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.
(4.3) For quote requests outside of the online shopping cart system, you will receive all contractual details within the framework of a binding offer in text form, e.g., by email, which you can print out or save electronically. Alternatively, we can also fill a shopping cart with the relevant products according to the customer's wishes and send the link to this shopping cart to the customer electronically, enabling a purchase process and purchase completion similar to the online shop, as described above.
§ 5. Services of the Seller
(5.1) The Seller offers the products described in more detail on the Website, particularly on the product detail pages, for customization. In addition, the product range includes a few ready-made and complementary items available as stock items. The distinction is indicated on the respective product page.
(5.2) The products offered primarily and described accordingly are merely curated suggestions in the sense of a collection and are only manufactured after the order has been placed. The features can be adopted as "Mr. Santos Standard" or "Signature" features, or they can be modified upon individual agreement upon customer request. Unless otherwise agreed upon individually, the goods will be manufactured according to this standard and thus produced in the specified standard size.
(5.3) Further individual adjustments to the products to be manufactured will be made by individual agreement, e.g., by email, telephone, or at a personal presentation appointment to be arranged. The extent of possible adjustments will depend on the nature of the contact – particularly when it involves body adjustments (fitting, measuring, custom-made clothing).
(5.4) Customizations are usually agreed upon by the customer prior to placing an online order. However, this order is not mandatory and can be changed by the customer's note in the shopping cart comments field during the online purchase process.
(5.3) At the customer’s request, we will ship the products to an address specified by the customer.
§ 6 Customer Obligations
(6.1) The customer is obliged to provide complete and correct information when submitting the offer.
(6.2) If the Customer chooses collection/personal delivery from the Seller as the shipping method, the Customer is obliged to collect the products from the Seller within 14 working days of being notified that the products are ready for collection or to arrange an appointment for personal delivery.
(6.3) If delivery fails due to the buyer's fault, the seller will request the buyer to provide a correct delivery address. The seller will make two further delivery attempts, each two weeks apart from the conclusion of the contract. These further delivery attempts will be made to the corrected delivery address; if the buyer has not provided the seller with a corrected delivery address by the aforementioned time, the subsequent delivery attempt will be made to the originally provided delivery address. If these further delivery attempts also fail, even though the seller has requested the buyer to provide a correct delivery address after the first two delivery attempts, the seller may withdraw from the contract. The seller will immediately refund any payments made to the customer. Further claims, in particular those relating to additional delivery costs, are governed by statutory provisions.
(6.4) Any commercial or industrial resale of the products is prohibited. This does not apply if the Seller has expressly consented to this.
§7 Essential characteristics of the goods or services
(7.1) The essential characteristics of the goods and/or services can be found in the respective offer in the online shop.
(7.2) Certain products or services may be available exclusively online through the Website. These products or services may only be available in limited quantities and are subject to return or exchange in accordance with our Return Policy.
(7.3) We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer monitor's display of the colors will be accurate.
(7.4) If geographically and logistically feasible, the customer can also place an online order in advance, after individual consultation, with a presentation appointment and consultation regarding equipment options and dimensions. This will take place at a location agreed upon, such as a home/office service or hotel, or other premises rented by us.
(7.5) We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or country. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
§8 Custom-made items - “made-to-order”/“made-to-measure”, made-to-measure
(8.1) Custom-made items refer to all items that you can design on this website according to your personal criteria and size adjustments, or whose features can be modified prior to production, and which are always individually made for you upon order. This includes the product groups jackets, trousers, waistcoats, suits, coats, shirts, and their respective subcategories. This also applies to the shop category "Fabrics," from which one of the aforementioned product groups is selected upon order, in consultation between the buyer and seller.
(8.2) The usual production period for these custom-made items is 4-8 weeks. This excludes periods during which the production facility is closed for operational reasons, which may result in an extended delivery time. Mr. Santos actively communicates these production breaks to inform its customers in advance. An additional delivery time must be taken into account in addition to the production time, over which Mr. Santos has no control. Please refer to the shipping service provider at this point.
(8.3) Custom-made items are excluded from exchange due to their individual production according to customer specifications. Mr. Santos can only accept a complaint in justified cases, including faulty manufacturing but not manufacturing-related deviations, and only after a case-by-case review. Please note that this is a different rule from the regular cancellation rights for online purchases.
§9 Prices and payment terms
(9.1) Unless otherwise stated, all prices are gross, including statutory VAT, plus any agreed delivery and shipping costs. The purchase price will be clearly communicated to the buyer during the ordering process.
(9.2) The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process, and are to be borne by you additionally, unless free shipping has been promised.
(9.3) If delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes, or money transfer fees (credit transfer or exchange rate fees), which you will be responsible for. You will also be responsible for any money transfer costs incurred in cases where delivery is made to an EU member state but payment was made outside the European Union.
(9.4) The payment methods available to you are indicated by a corresponding button on our website or in the respective offer. Payment is made using the payment method selected by the customer during the ordering process. If the seller commissions third parties to process payments, such as Klarna or PayPal, their general terms and conditions apply.
(9.5) The Seller reserves the right to add or remove individual payment methods. The available payment methods will be displayed to the Customer before the conclusion of the contract.
(9.6) Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§10 Delivery conditions and retention of title
(10.1) The delivery conditions, delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. Delivery of the ordered products will be carried out by the shipping service provider displayed during the ordering process and, if applicable, selected by the customer. The currently available delivery options can be viewed on the website.
(10.2) If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the entrepreneur or another person designated to carry out the shipment.
(10.3) Delivery shall be made within the delivery period specified for the respective product before conclusion of the contract (including the production time for custom-made items) by the shipping service provider selected by the customer using the delivery method selected by the customer.
The delivery period begins as soon as the purchase price has been received by the seller . For custom-made products, the delivery period begins after all equipment and/or measurement details required for production have been fully clarified. The customer must clarify these details within 5 working days of being requested to do so.
If no delivery period is indicated, the delivery period is four to six working days after receipt of payment within Germany, excluding German islands. Otherwise, the delivery period within the European Union is 14 working days after conclusion of the contract. The seller has no influence on postal delivery times.
(10.4) Shipping costs are borne by the customer. The amount of shipping costs will be communicated to the buyer before the contract is concluded.
(10.5) The Seller is entitled to make partial deliveries, provided this is reasonable for the Customer. In the event of a partial delivery, the Customer shall only bear the shipping costs incurred for the first of the partial deliveries.
(10.6) The products remain the property of the Seller until the purchase price has been paid in full.
§ 11 Right of retention, retention of title
(11.1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(11.2) The goods remain our property until the purchase price has been paid in full.
§ 12 Warranty and 8. Statutory liability for defects
(.121) The statutory liability for defects applies.
(12.2) As a consumer, you are requested to inspect the item immediately upon delivery for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.
13. Disclaimer and limitation of liability
The seller is liable within the framework of these General Terms and Conditions as follows:
(13.1) The Seller shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(13.2) In cases of slight negligence, the Seller shall be liable for breach of a material contractual obligation. A material contractual obligation within the meaning of this clause is an obligation whose fulfillment is essential for the performance of the contract and on whose fulfillment the contractual partner may therefore regularly rely.
(13.3) Liability pursuant to clause 13.2 is limited to the damage typical and foreseeable at the time of conclusion of the contract.
(13.4) The limitations of liability shall apply accordingly to the benefit of the Seller’s employees, agents and vicarious agents.
(13.5) Any liability of the Seller for guarantees given and for claims based on the Product Liability Act or in the event of data protection violations remains unaffected.
(13.6) Small, customary or technically unavoidable deviations in the quality, colour, dimensions, weight, equipment or designs of the goods and in particular a production-technical tolerance of 2% by the manufacturer with regard to the finished dimensions shall under no circumstances entitle the purchaser to make a complaint about defects.
§ 14 Statutory right of withdrawal and cancellation policy
If the customer is a consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch), i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity, the customer is generally entitled to a statutory right of withdrawal subject to the following provisions:
(14.1) Cancellation policy for the purchase of products, excluding subscriptions
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must
Mr. Santos Classic Style GmbH
Eschershauser Weg 23 B
14163 Berlin
Germany
Email: info@mr-santos.com
by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory. You can electronically submit the model withdrawal form on our website https://www.mr-santos.com/pages/ruckgaberecht or another clear statement on our website https://www.mr-santos.com/pages/contact . If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g. by email).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
(14.2) Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
(14.3) Sample cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
– To [here the name, address and, if applicable, the fax number and email address of the trader shall be inserted by the trader]:
– 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 consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete as appropriate.
(14.4) The right of withdrawal does not apply to distance selling contracts for the delivery of goods which have been individually manufactured (according to customer specifications) or which are clearly tailored to personal needs or which, due to their nature, are not suitable for return or can spoil quickly or whose expiry date would be exceeded.
Note : This applies to the goods we offer and is communicated accordingly in the product description. If the goods offered are non-customizable, and in particular, are not and have not been specifically made to order for the customer, this will be communicated by the absence of this explicit wording.
§ 15 Choice of law, place of performance, place of jurisdiction and other
(15.1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).
(15.2) The place of performance for all services arising from the business relationship with us, as well as the place of jurisdiction, is our registered office, unless you are a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or habitual abode is unknown at the time the action is filed. The right to also bring proceedings before a court at another legal place of jurisdiction remains unaffected.
(15.3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(15.4) The contract language is German. Translations into other languages are provided for convenience only and are not legally binding.
(15.5) Dispute resolution / Notice pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG)
The responsible consumer arbitration board is the Federal Universal Arbitration Board, Straßburger Straße 8, 77694 Kehl, www.verbraucher-schlichter.de.
We are generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
To contact us, please use the email address provided in the imprint.
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last updated: 25.06.2025