1. Scope
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their commercial or independent professional activity.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
2. Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with F-Performance.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the information provided in the order process and use the explained proofing tools. By clicking the order button, you are making a binding offer for the goods in the shopping cart. Confirmation of receipt of your order will be sent by email immediately after the order has been sent.
We accept your offer within two days by
we submit a declaration of acceptance in a separate email or
we have the goods delivered or
if necessary, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The alternative that is relevant for you depends on which of the listed events occurs first.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German
The contract text is not stored by us.
4. Terms of delivery
In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.
In principle, you have the option of collection from Marcus Funke, Julian-Marchlewski-Ring 57, 16303 Schwedt / Oder, Germany at the following business hours: On request
5. Payment
The following payment methods are generally available in our shop:
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal and identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further information during the ordering process.
Only possible with previously agreed purchase activities:
Payment in advance
If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Credit card
When you place your order, you enter your credit card details. Your card will be charged after you receive the goods.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, identify yourself with your access data and confirm the money order. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
Apple Pay
In order to be able to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function , identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
Cash on pickup
You pay the invoice amount in cash when you pick it up.
6. Right of withdrawal
You have the statutory right of withdrawal, as described in the cancellation policy.
7. Retention of Title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment.
9. Warranties and Guarantees
Validity of the statutory warranty law
Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
The following restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health
in the event of willful or grossly negligent breach of duty as well as malice
in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the contractual partner may regularly rely (cardinal obligations)
as part of a guarantee promise, if agreed, or
as far as the scope of the product liability law is opened.
Restrictions on consumers
The following applies to the purchase of used goods by consumers: if the defect occurs one year after delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
Restrictions on entrepreneurs
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
Regulations for merchants
The duty of inspection and notification of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless it is a matter of a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
Guarantees and after-sales service
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
10. Liability
We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of willful or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely, (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which is typically to be expected.
Otherwise claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here. We are ready to take part in an out-of-court arbitration procedure before a consumer arbitration board.
The federal universal arbitration board at the Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbübers-schlichter.de is responsible .
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
Terms and conditions created with the Trusted Shops legal copywriter in cooperation with FÖHLISCH lawyers .