General Terms and Conditions with customer information
1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. terms of payment
7. reservation of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1 Scope of application
1.1 The business relationship between Faszien@Work, Carola Bleis, Blütenweg 1, 38302 Wolfenbüttel (hereinafter “Seller”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 If you have any questions, complaints or objections, please send an email to info@faszien-work.de.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
1.4 Deviating terms and conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2 Offers and service descriptions
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller’s websites do not have the character of an assurance or guarantee.
All offers are valid “while stocks last”, unless otherwise stated for the products. Errors excepted.
3 Order process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart using the [add to cart] button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking the [Continue to checkout] button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Order with obligation to pay] button. Before submitting the order, the customer can change and view the data at any time and use the browser function “back” to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller dispatches, hands over or arranges for the dispatch of the ordered product to the customer within 2 days confirmed to the customer within 2 days with a second email, express order confirmation or sending of the invoice.
3.4. If the seller allows advance payment, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller’s website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If the delivery of the goods fails due to the buyer’s fault despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.
5.3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest delivery of a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.
5.4. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment methods
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the payment methods available on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
6.3. If third parties are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.
6.5. The customer’s obligation to pay default interest does not preclude the seller from claiming further damages due to default.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee only exists for the goods delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.
9. Liability
9.1. The following exclusions and limitations of liability apply to the seller’s liability for damages, without prejudice to the other legal requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is due to intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.
9.5. To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order details to the email address he provided. With the order confirmation, but at the latest when the goods are delivered, the customer will also receive a copy of the general terms and conditions along with cancellation instructions and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. Final provisions
11.1. The place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
11.2. The contract language is German.
11.3. European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.
