Terms of Service
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 can predominantly neither be attributed to their commercial nor their independent professional activity. 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 rejected; 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 Filucry®.
By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. 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 correction aids provided and explained in the order process. The contract is concluded when you click the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract language, contract text storage
The language (s) available for the conclusion of the contract: German, English
We save the contract text and send you the order details and our terms and conditions in text form. You can see the contract text in our customer login.
4. Terms of delivery
In addition to the stated product prices, shipping costs are added. You can find out more about the amount of shipping costs in the offers.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. Payment
The following payment methods are generally available in our shop:
Payment in advance
If you choose to pay 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. After your legitimation as the legal cardholder, the payment transaction is carried out automatically and your card is charged.
PayPal
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.
PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment order to PayPal.
If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and legitimize with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
Credit card through PayPal
If you have chosen the credit card payment method, you do not have to be registered with PayPal to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder. You'll get more information during the ordering process.
Giropay
After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount via Giropay, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.
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.
8. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences 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. 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 there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.
9. Warranties and Guarantees
Unless otherwise expressly agreed below, the statutory right to liability for defects applies.
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.
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 without any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
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.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by removing the defect (repair) or by delivering a defect-free item (replacement delivery).
The above 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
• as far as the scope of the Product Liability Act is open.
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 due to 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
• for guarantee promises, if agreed, or
• as far as the scope of the Product Liability Act is open.
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 on whose compliance the contractual partner can 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 must typically be expected.
In addition, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) that you find here Find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN sales law.
Terms and conditions created with rechtstexter.de
