GTC

––––––––––––––––––––––––––––––––––––––––––––––––––––––––

General Terms and Conditions with Customer Information

–––––––––––––––––––––––––––––––––––––––––––––––––––––

 

Table of Contents

––––––––––––––––––

1. Scope of Application

2. Conclusion of Contract

3. Right of Withdrawal

4. Prices and Payment Terms

5. Delivery and Shipping Terms

6. Retention of Title

7. Liability for Defects (Warranty)

8. Liability

9. Redemption of Gift Vouchers

10. Applicable Law

11. Alternative Dispute Resolution

 

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Felix These General Terms and Conditions (GTC) apply to all contracts for the delivery of goods that a consumer or business (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

 

1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

 

1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.

 

1.4 For the purposes of these GTC, a business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of its commercial or independent professional activity.

 

1.2 2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but rather serve as an invitation to the customer to submit a binding offer.

 

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by email, fax, online contact form, mail, or telephone.

 

2.3 The seller may accept the customer's offer within five days by:

 

- sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive; or

- delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive; or

- requesting payment from the customer after the customer has placed the order.

 

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

 

2.4 When selecting a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the order process.

 

Payment without a PayPal account is subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. 

 

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer submits their order. The seller does not make the contract text available in any other way. If the customer has created a user account in the seller's online shop before submitting their order, the order data is archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account using the corresponding login details.

 

2.6 Before submitting a binding order via the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.

 

2.7 Different languages ​​are available for concluding the contract. The specific language options are displayed in the online shop.

 

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

 

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

 

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

 

3.3 The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are located outside the European Union at the time of conclusion of the contract.

 

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices, including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.

 

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. This includes, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred in connection with the money transfer even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

 

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

 

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed upon a later due date.

 

4.5 If a payment method offered via the "PayPal" payment service is selected, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider specifically designated by PayPal and named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds.

 

4.6 When selecting a payment method offered via the payment service "Stripe," payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are displayed to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special terms and conditions may apply. The customer will be notified separately of any such terms and conditions. Further information about Stripe is available online at https://stripe.com/de.

 

5) Delivery and Shipping Conditions

 

5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address stored by the customer with PayPal at the time of payment is decisive.

 

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. For return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.

 

5.3 If the customer is acting as a business, the risk of accidental loss or accidental damage to the goods sold passes to the customer as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss or accidental damage to the goods sold generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the above, the risk of accidental loss or damage to the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed the goods over to the carrier, freight forwarder, or other person or entity designated to carry out the shipment, provided that the customer commissioned the carrier, freight forwarder, or other person or entity designated to carry out the shipment and the seller did not previously inform the customer of this person or entity.

 

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the seller by its own suppliers. This applies only if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded immediately.

 

5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the seller's specified business hours at the address provided by the seller. In this case, no shipping costs will be charged.

 

5.6 Vouchers will be provided to the customer as follows:

 

- by email

 

6) Retention of Title

If the seller performs in advance, they retain title to the delivered goods until full payment of the purchase price owed has been received.

 

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects apply. The following applies to contracts for the delivery of goods:

 

7.1 If the customer is acting as an entrepreneur,

 

- the seller has the right to choose the method of subsequent performance;

 

- the limitation period for claims based on defects is one year from delivery of the goods for new goods;

 

- claims based on defects are excluded for used goods;

 

- the limitation period does not restart if a replacement delivery is made within the scope of liability for defects.

 

7.2 The aforementioned limitations of liability and reductions of time limits do not apply

- to claims for damages and reimbursement of expenses by the customer,

- in the event that the seller has fraudulently concealed the defect,

- to goods that, according to their customary use, have been used for a building and have caused its defectiveness,

- to any existing obligation of the seller to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

7.3 Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

 

7.4 If the customer is a merchant as defined in Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.

 

7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller accordingly. Failure to do so will not affect their statutory or contractual rights regarding defects.

 

7.5 8) Liability

The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

 

8.1 The seller is liable without limitation for any legal reason

- in cases of intent or gross negligence,

- in cases of intentional or negligent injury to life, body, or health,

- based on a guarantee promise, unless otherwise stipulated,

- based on mandatory liability, such as under the Product Liability Act.

 

8.2 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content for the achievement of the contractual purpose, the fulfillment of which is essential for the proper performance of the contract, and on the observance of which the customer may regularly rely.

 

8.3 Otherwise, the seller's liability is excluded.

 

8.4 The foregoing liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.

 

9) Redemption of Gift Vouchers

9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

 

9.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.

 

9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

 

9.4 Multiple gift vouchers can be redeemed in a single order.

 

9.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.

 

9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

 

9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.

 

9.8 The gift voucher is transferable. The seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of entitlement, legal incapacity, or lack of authority to act on behalf of the respective holder.

 

10) Applicable Law

10.1 All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

 

10.2 Furthermore, this choice of law does not apply to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.

 

11) Alternative Dispute Resolution

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