Overview
§ 1 Scope and provider
§ 2 Conclusion of contract
§ 3 Prices
§ 4 terms of payment; default
§ 5 right of retention
§ 6 Delivery; retention of title
§ 7 cancellation policy
§ 8 Damage in transit
§ 9 Warranty
§ 10 Liability
§ 11 Alternative Dispute Resolution
§ 12 Final Provisions
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders that you place in the following online shop:
FlipThings Gunnar Sieg
Gestuetring 13
85435 Erding
Germany
(2) The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is already contradicted.
(4) Contract language is exclusively German.
(5) You can access and print out the currently valid General Terms and Conditions on our website “https://www.flip-things.de”. The text of the contract will not be saved.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the “Buy now” button, you make a binding purchase offer (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (confirmation of receipt).
This confirmation of receipt does not constitute acceptance of your purchase offer. A contract does not come about through the confirmation of receipt.
(4) A purchase contract for the goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without a prior express declaration of acceptance. If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. Your application can only be accepted by us up to the point at which you submit the
may expect receipt of the answer under regular circumstances (§ 147 para. 2
BGB). Exception: when paying in advance and PayPal, the order is accepted immediately with your order.
§ 3 Prices
The prices stated on the product pages include the statutory VAT and other price components and do not include VAT. the respective shipping costs. You can find more information about shipping costs on our website at https://www.flip-things.de/versandarten/
§ 4 terms of payment; default
(1) Payment can be made either by:
Invoice,
Payment in advance,
Credit card,
PayPal or
Debit charge.
(2) We are responsible for selecting the available payment methods. We reserve
In particular, we reserve the right to only offer you selected payment methods for payment, for example only prepayment to protect our credit risk.
(3) If you select the payment method in advance, we will give you our bank details in the order confirmation. The invoice amount is to be transferred to our account within 10 days of receipt of the order confirmation.
(5) When paying by credit card, the purchase price will be reserved on your credit card at the time the order is placed (authorization). Your credit card account is actually debited when we send the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
(7) When paying by direct debit, you may have to bear any costs that arise as a result of a chargeback of a payment transaction due to insufficient funds in the account or due to incorrectly transmitted bank details.
§ 5 right of retention
(1) You only have the right to set off if your counterclaim has been legally established, is not disputed or recognized by us or is closely synallagmatic with our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you provide.
(2) The goods remain our property until the purchase price has been paid in full.
(3) As an exception, we are not obliged to deliver the ordered goods if we have properly ordered the goods on our part, but have not been supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. In addition, we must not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately reimburse you for payments already made. We do not assume the risk of having to procure an ordered product (procurement risk). This also applies when ordering goods that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we have ordered from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
– We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
– You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
– If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
– We undertake to release the securities to which we are entitled upon request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. make the purchase for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of withdrawal in accordance with the following provisions.
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform us
FlipThings Gunnar Sieg
Gestuetring 13, 85435 Erding
welcome@flip-things.de
+49-8122-9598208
by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
| Sample withdrawal form If you want to revoke the contract, please fill out this form and send it back. On Company: Address: E-mail: Fax: I/we (*) hereby revoke the contract concluded by me/us (*) regarding the purchase of the following goods (*): Ordered on (*)/received on (*) Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if notification is on paper) date (*) Delete where not applicable. |
End of revocation
(1) The right of withdrawal does not apply to the delivery
– of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and name),
– sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– of goods if these were inseparably mixed with other goods after delivery due to their nature,
– sound or video recordings or computer software in a sealed package if the seal has been broken after delivery,
– from newspapers, periodicals or magazines with the exception of subscription contracts.
(2) Please avoid damage and contamination. If possible, please send the goods back to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Before returning, please call us at +49-8122-9598208 to announce the return. In this way you enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1) If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
(2) The omission of a complaint or contact has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).
(2) We are only liable for claims based on damage resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely ( cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
– Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
– You are obliged to examine the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from the point of discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
– In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs that arise from bringing the goods to a place other than the place of performance if the shipment does not correspond to the intended use of the goods.
– If the supplementary performance fails twice, you can either request a price reduction or withdraw from the contract.
– The warranty period is one year from date of delivery.
§ 10 Liability
(1) Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
(2) The following limited liability also applies: In the case of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 Alternative Dispute Resolution
(1) The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute settlement platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
(2) We endeavor to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and do not offer it.
§ 12 Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
(2) German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory consumer law provisions of the country in which you usually reside remain unaffected by the choice of law (especially with regard to the conclusion of the contract and warranty rights).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
As of May 4, 2022
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de
Chausseestrasse 13, 10115 Berlin, Tel. (030) 28 30 57 40, fax (030) 28 30 57 4
