General Terms and Conditions (GTC) for the Sale of Goods

 

§ 1 Scope

(1)     These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, Feilicious GmbH, Poppenbütteler Bogen 92, 22399 Hamburg, Mail: support@feilicious.com (hereinafter "Seller" or "we") and you as our customer (hereinafter "Customer" or "you"). The version of the GTC valid at the time of concluding the contract shall apply.

(2)     We do not accept any deviating terms and conditions of the customer. This also applies if we do not expressly object to their inclusion.

(3)     The GTC apply to both consumers as defined in § 13 BGB and entrepreneurs as defined in § 14 BGB.

(4)     A customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to their commercial or independent professional activity. Conversely, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

 

§ 2 Conclusion of Contract

(1)     The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.

(2)     You can select products from our assortment and collect them in a so-called shopping cart by clicking the "Add to cart" button. By clicking the "Order with obligation to pay[ " button, you submit a binding offer to purchase the goods in the shopping cart. Before submitting the order, you can change and view the data at any time. However, the offer can only be submitted and transmitted if you have accepted these contractual terms by clicking the "Accept GTC " button and thereby included them in your offer.

(3)     We will then send you an automatic confirmation of receipt by e-mail, in which your order is listed again and which you can print out using the "Print" function. The automatic confirmation of receipt merely documents that your order has been received by us and does not constitute acceptance of the offer. The contract is concluded only by our declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, we will send you the contract text (consisting of the order, GTC and order confirmation) on a durable medium (e-mail or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

 

(4)    We deliver within the EU, Switzerland & UK.

 

(5)     The contract is concluded in German.

 

§ 3 Delivery Conditions

(1)     We are entitled to make partial deliveries, provided that this is reasonable for you.

(2)     Delivery times indicated by us are calculated from the time of our order confirmation, provided that the purchase price has been paid in advance (except for purchase on account). If no or no different delivery time is specified for the respective goods in our online shop, it is 2-7 days.

(3)     If no copies of the product selected by you are available at the time of your order, we will inform you of this immediately in the order confirmation. If the product is permanently unavailable, we will refrain from a declaration of acceptance. A contract will not be concluded in this case.

(4)     If the product designated by you in the order is only temporarily unavailable, we will also inform you of this immediately in the order confirmation.

 

§ 4 Prices and Shipping Costs

(1)     All prices in our online shop are final prices and include statutory VAT. They are exclusive of any shipping costs.

(2)     The shipping costs are indicated in our price information in our online shop. The price, possibly including VAT and applicable shipping costs, will also be displayed in the order mask before you submit the order.

(3)     If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4)     If you validly revoke your contractual declaration, you may, under the statutory conditions, demand reimbursement of costs already paid for shipping to you (outbound shipping costs).

(5)   Goods are shipped by post. If you are a consumer, we bear the shipping risk.

(6)    We bear the direct costs of returning the goods.

 

§ 5 Payment Conditions

(1)     You can pay in our online shop via Shopify Payments or PayPal .

(2)     You can change the payment method saved in your user account at any time.

(3)     Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, you will be in default by missing the deadline. In this case, you must pay us default interest for the year at a rate of 5 percentage points above the base interest rate if you placed the order as a consumer, and 9 percentage points above the base interest rate if you placed the order as a business.

(4)     The obligation to pay default interest does not exclude our right to claim further damages caused by default.

 

§ 6 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

 

§ 7 Warranty

(1)     We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. If you are an entrepreneur, the warranty period for goods delivered by us is 12 months.

(2)     Any seller guarantees we provide for certain items or manufacturer guarantees granted by the manufacturers of certain items are in addition to the claims for material defects or defects of title within the meaning of paragraph (1). Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.

 

§ 8 Liability

(1)     Customer claims for damages are excluded. This excludes customer claims for damages arising from injury to life, limb, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2)     In the event of a breach of essential contractual obligations, the seller is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns customer claims for damages arising from injury to life, limb, or health.

(3)     The limitations in paragraphs (1) and (2) also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.

(4)     The limitations of liability arising from paragraphs (1) and (2) do not apply if the seller fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

 

Detailed information on data protection with us, in particular on the scope of processing your data and your legal rights, can be found in our data protection declaration at: https://www.alster-herz.com/pages/privacy-policy

 

§ 10 Copyrights

We hold copyrights to all images, films, and texts published in our online shop. Any use of the images, films, and texts is not permitted without our express consent.

§ 11 Statutory Right of Withdrawal for Consumers

 

Instructions on Withdrawal

 

Right of Withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us, Feilicious GmbH, Herlingsburg 16, 22529 Hamburg, Mail: support@feilicious.com, by means of a clear declaration (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but this is not mandatory.

 

 

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period. We shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking their condition, properties and functionality.

 

The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the supply of goods that are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons if their seal has been removed after delivery.
• Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can only be delivered 30 days after the conclusion of the contract at the earliest and the current value of which depends on fluctuations in the market over which the trader has no influence.
• Contracts for the supply of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
• Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
• Contracts for the supply of goods whose price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period.

 

Model withdrawal form:

(If you wish to cancel the contract, please fill out this form and return it.)

 

To Feilicious GmbH, Herlingsburg 16, 22529 Hamburg, Mail: support@feilicious.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 consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for notification on paper)

– Date

 

(*) Delete as appropriate.

§ 13 Applicable Law and Jurisdiction

(1)     The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.

(2)     If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.

(3)     Even if individual points are legally invalid, the contract shall remain binding in its remaining parts. In place of the invalid points, the statutory provisions shall apply, if any are available. However, if this would represent an unreasonable hardship for a contracting party, the contract as a whole shall become invalid.